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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My dept management company changes to another after a year,then

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my dept management company changes to another after a year,then another after a second year,when i finished i canceled my direct debit just to make sure,only to find out the
first company was the only company to take money from my account,is this legal?a company not managing my debt,still taking cash out of my account,also on complaining found out they had been paying creditors who had gone bust as well,,the banks said they did not deal with debt management companies and still harassed me,,also i done the debt management voluntary as a banking error buy Santander left my account short and i could not catch up with other payments,,I have admittance from all,but no one will do any thing about it,the ombudsman and FCA twisted every thing around no help at all,in fact made things worse,I can not afford solicitors,what do I do next?.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
What is it you wan to achieve?
Customer: replied 2 years ago.

the banks getting away with what ever they like,caused this mess in the first place,,a fortune paid to debt management company,companies,who have not debt managed,no help from FCA and ombudsman,who are the ones supposed to help,,I lost job,relationship,vehicle repossessed,me/house black listed,all through no fault of my own.I have all paper work,all in order,but no one will do any thing about it,or say they will then just stop.

Expert:  Ash replied 2 years ago.
How much have you paid?
Customer: replied 2 years ago.

the debt management fees were added to my weekly payments of £77 pr week,over 3yr,there fee was about £1300,the exact paper work is all filed,I can not access this untill tomorow,,I no this is on line,but is there any way I could send all paper work,as it will be easyer to under stand,,then some one can look and tell me what next,I could send a check as a advice fee

Expert:  Ash replied 2 years ago.
You can email paperwork and I can look at it as an additional service.
Customer: replied 2 years ago.

that would be no good,I could only post paperwork.

Expert:  Ash replied 2 years ago.
Sadly I can only see it if you scan and email.
Alex
Customer: replied 2 years ago.

there is no way I could do that.

Expert:  Ash replied 2 years ago.
Sadly I don't think I can see them then. We can explore other options if that's ok?
Customer: replied 2 years ago.

is there any,my only option would be post.

Expert:  Ash replied 2 years ago.
Can I ask why you didnt go with Step Change as debt management who offer a free service?
Customer: replied 2 years ago.

i had never heard of them,,also I was getting letters and

lotts of calls from the banks and debt collectors,I had to

do some thing ASAP,they said they could help the quickest.

Expert:  Ash replied 2 years ago.
What did the Ombudsman say?
Customer: replied 2 years ago.

they said it was to complecated for them to sort out,they could only take a case on individually,there was to many companies involved,they could not do anything with the ones that had gone bust,some were still going even though 1 have letters saying they are not,,and they dont think any of them have done any thing wrong

Customer: replied 2 years ago.

the FCA just agreed with the ombudsman,there letters proved they took no notice and never read my stuff,when 1 pointed this out 2 them,they just said it was complecated,and said 1 should go 2 the police 2 stop the banks calls.

Expert:  Ash replied 2 years ago.
How much are your losses?
Customer: replied 2 years ago.

my debt was about 8k,and manageable until santandere messed up,then there's the loss of job,loss of car,which is hard to put a price on,then there's all the bank charges/interest etc..also the debt management fees for not dept managing correctly..and the stress and harassment that come with it,,so hard to put a price on it.

Expert:  Ash replied 2 years ago.
How much have you physically lost?
Customer: replied 2 years ago.

the debt management fees were about £1200,and my car the about the same.

Expert:  Ash replied 2 years ago.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

this would be no good,,the ombudsman and FCA are court exempt,and the other companies involved just blame each other,and say are protected by the ombudsman who is in there favor,and others say its the companies before them or gone bust,I already said that I could do this,but they are not bothered,and have top lawyers,,it just go's round and round,,like banging my head against a brick wall.

Expert:  Ash replied 2 years ago.
Its a small claim so you dont need a lawyer. You would sue Santander if they have suffered a loss because of them which I understand they have.
Does that help?
Alex
Customer: replied 2 years ago.

that is how it all started,but because santander admitted there mistake,and corrected it in there way,there time,nothing can be done,the ombudsman said they and no one else can do any thing about it,that is why my only option was debt management,and that turned out to be a total illegal mess,which also looks like they will get a way with.

Expert:  Ash replied 2 years ago.
I am sorry but I can only tell you the option is Court.
You could Judicially Review the Ombudsman and FCA decision but that involved High Court proceedings which are very complex.
I am sorry.
Alex
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex