Enough now

[Warwick65]

But surely sending statements when the debt is SB could be seen as deception which is in breach of Conc 7.15.5 ' A firm must endeavour to ensure that it does not mislead a customer as to the customer's rights and obligations.' as most people would see a statement as a request for lawful payment.

[Warwick65]

To be honest I wouldn't worry. I still get an annual statement from Santander. Only downside is that I can't use them for anything else as they still own the account. Even RBS have sold my accounts on.

[Gerry Jemitus]

The relevant section is 'A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.'

Sending statements is not classed as demanding payments, and you have to tell them that you are not going to pay because the debt is statute barred. However, as per my previous post, if you notify them of this, then they should stop.

[PlanB]

Hi Diane, yes it is Statute barred. I have all the evidence re offer/ acceptance. Not sure why they are continuing to send me yearly statements. I do just file them but was hoping that they would stop.
ah well. Thanks for your reply. Hope that your keeping well in this lockdown.
best wishes.

If you've got evidence of the offer and acceptance, and you say the payment was made in 2011 (by whatever method) then I can't think of any reason why it wouldn't be Statute Barred ten years later.

The FCA Handbook CONC 7.15 makes it clear that a business should not chase someone for a debt if they've been told that the reason for not paying is that the debt is SB > https://www.handbook.fca.org.uk/handbook/CONC/7/15.html

However, in this case Santander are sending you statements not chasing you for the debt (or are they?).

As long as that continues at least you know they haven't sold the balance of your debt to someone else.

Di

[Gerry Jemitus]

When a debt becomes statute barred, it means that the creditor cannot take legal action against you. It does not mean the debt no longer exists, so the creditor is entitled to send statements if they so wish and they can still ask for payments. However, you can stop this by writing to them, telling them the debt is statute barred, and that they are to stop contacting you.

In this case, depending on how you 'settled' the debt, it may not be statute barred. If you settled the debt yourself, unless you stated otherwise, by making a partial payment you have acknowledged the debt, which restarts the statute barred clock. If the settlement was done via a third party, the situation is different, which is why such settlements are always better done as a third party full and final settlement.

[PlanB]

I agreed a partial settlement with Santander in 2011.
Each year since then I have received a statement of the sum which was left after I paid the settlement. I have just received another one.

Is there anything I can do to stop them sending these ‘statements’. ?

Did you get another annual statement from Santander last month or have they finally given up?

Post on your thread if you get any hint of the balance of the debt being assigned to a debt purchaser since it was 'part settled', albeit Statute Barred in 2017 from what you say!

Di

[Warwick65]

Hi

It is not just you, i still get annual statements for my Santander current account which became SB at some point in 2018 ( I think)

[Rosebud]

If your last payment (for whatever reason) and/or acknowledgement to Santander was in 2011 then surely the debt is now Statute Barred?

Have you kept evidence of the settlement offer/acceptance?

Ignore the statements, and don't engage with Santander.

Di

Hi Diane, yes it is Statute barred. I have all the evidence re offer/ acceptance. Not sure why they are continuing to send me yearly statements. I do just file them but was hoping that they would stop.
ah well. Thanks for your reply. Hope that your keeping well in this lockdown.
best wishes.

[Joanna Connolly Solicitors]

I agreed a partial settlement with Santander in 2011.
Each year since then I have received a statement of the sum which was left after I paid the settlement. I have just received another one.

Is there anything I can do to stop them sending these ‘statements’. ?

If your last payment (for whatever reason) and/or acknowledgement to Santander was in 2011 then surely the debt is now Statute Barred?

Have you kept evidence of the settlement offer/acceptance?

Ignore the statements, and don't engage with Santander.

Di

[Roger]

[ = ;n1534349]

Does this debt appear on your Credit reports?
2011 the Debt or what was left should be Statute Barred by say 2017/18!

Have you at anytime since 2011 contacted Santander?
The reason I ask is this could be construed as acknowledging the Debt and restarting the Statute Bar Clock.

Restarting the Clock is the reason for not corresponding with Santander!
If in doubt simply file away the statement an sit on your Hands!no there is nothing now on it.

Hi Roger,
No there is nothing now on my credit report. No I have not contacted Santander.
The debt was partially settled and at time they said that no future claims would be made.
I am not receiving anything but a statement, it’s just annoying me that they send one.
Want to put the file away for good.

Thank you.
[/QUOTE]

Ok
My reason is because as @di and @Jo have advised that the Statute Bar start date can be an issue.
Hence being sure on dates and Default Notices and latest payments etc..

If you have the Santander Letter reference the partial settlement and your evidence of payment of the amount.
I would simply send them a copy of these and requesting they cancel these statements!

[Rosebud]

[ = ;n1534349]

Does this debt appear on your Credit reports?
2011 the Debt or what was left should be Statute Barred by say 2017/18!

Have you at anytime since 2011 contacted Santander?
The reason I ask is this could be construed as acknowledging the Debt and restarting the Statute Bar Clock.

Restarting the Clock is the reason for not corresponding with Santander!
If in doubt simply file away the statement an sit on your Hands!no there is nothing now on it.

[/QUOTE]
Hi Roger,
No there is nothing now on my credit report. No I have not contacted Santander.
The debt was partially settled and at time they said that no future claims would be made.
I am not receiving anything but a statement, it’s just annoying me that they send one.
Want to put the file away for good.

Thank you.

[Roger]

Hi, I agreed a partial settlement with Santander in 2011.
Each year since then I have received a statement of the sum which was left after I paid the settlement. I have just received another one.
Is there anything I can do to stop them sending these ‘statements’. ? thank you all in advance.
Hoping someone can help.

Does this debt appear on your Credit reports?
2011 the Debt or what was left should be Statute Barred by say 2017/18!

Have you at anytime since 2011 contacted Santander?
The reason I ask is this could be construed as acknowledging the Debt and restarting the Statute Bar Clock.

Restarting the Clock is the reason for not corresponding with Santander!
If in doubt simply file away the statement an sit on your Hands!

[Rosebud]

Hi, I agreed a partial settlement with Santander in 2011.
Each year since then I have received a statement of the sum which was left after I paid the settlement. I have just received another one.

Is there anything I can do to stop them sending these ‘statements’. ? thank you all in advance.
Hoping someone can help.

[Rosebud]

The Statute Barred clock will run from last payment, acknowledgement of the debt, or Default - which ever is the latter.

I'm not sure whether your SB question is in relation to your Santander part-settled debt or another debt?

Can you quote the debt which needs your answer to make sure you get the right information.

Di

Hi Diane , thank you for your reply. I didn’t include the Santander one as I had agreed a reduced settlement , I wasn’t expecting the ‘statements’ to continue for such along time, showing the outstanding sum which they agreed to write off. ?

The SB question was in relation to my other accounts.

Many thanks.

[Joanna Connolly Solicitors]

the outstanding balance isn’t recorded as nil, it’s the balance left from the partial settlement.

oh thank you I wasn’t sure what date that SB would start.

The Statute Barred clock will run from last payment, acknowledgement of the debt, or Default - which ever is the latter.

I'm not sure whether your SB question is in relation to your Santander part-settled debt or another debt?

Can you quote the debt which needs your answer to make sure you get the right information.

Di