Santander Default

[grinty6287]

Hi Guys,

Im new to the site so please be gentle!

I am after some help regarding a default I have received with Santander in September 2012. The default amount was £1482 on a current account that mostly amounted from charges from them. I cleared the balance as soon as I was aware of the default being placed (cleared in October 2012). I have no recollection of them sending me the default notice and I do keep all paperwork. They are adamant that they sent the notice on the 12th March 2012.

I have since written to Santander requestion copies of my Credit Agreement under the CCA and copies of the original Default Notice issued to myself and a copy of who the debt was sold on to.

I received a response from Santander yesterday stating "Further to your recent letter, we have now completed a search of our systems for data and can confirm that this account was not regulated by the Consumer Credit Act and therefore does not have a credit agreement."

Am I right in saying that in order for a default to be placed it has to be on an debt regulated by the CCA? If so, do you think that I have a good case for getting the default removed from my file? The lady I spoke to from Santander on the phone today admits that it is an error that the letter was sent to me as all Current Accounts should be regulated by the CCA and that she has arranged for someone more senior to call me back later today. I'm just after some advice before I get that call.

I am obviously aware that the default was my fault and am not disputing that, I am obviously attempting to get it removed on technicalities and procedural errors on the banks part.

Thanks

Lee

[Never-In-Doubt]

Re: Santander Default

Hi

can you elaborate - you said you paid so why is there now a default? Regards the cca it's different - it is regulated but NOT under s.78.

Read this --> http://forums.all-about-debt.co.uk/s...CA-Information

[Never-In-Doubt]

Re: Santander Default

Regards the default. You won't get rid of it; that's there for 6 years now sadly. Once it's defaulted you have no excuses. Point is a default served under s.87/88 is NOT the same as a CRA default entry, which is what you're trying to remove (but can't unless there never was a debt and it's incorrect)...

Read this to learn the differences --> http://forums.all-about-debt.co.uk/s...87-s88-CCA1974

[grinty6287]

Re: Santander Default

Hi!

Thanks for you quick reply! The default notice giving me 28 days to pay was received in March, although as I didn't receive the notice I was not aware. In a nutshell I had a 6 month agreement with them to pay off the balance at £50 a month, after the agreement expired I continued to pay, but unknowingly they had decided that it was no longer enough and issued the notice.

I checked my credit file in October to see that the Default was issued the month before, I paid it, in full, immediately as I was now in a position to do so having got a new higher paid job. The problem is obviously the default was already issued.

They are now however saying that the account was not regulated by the CCA.

[Never-In-Doubt]

Re: Santander Default

I don't get what you're arguing - an overdraft is exempt from the provisions of the CCA so technically it isn't regulated (but it is to an extent within s.74).

You're hanging onto something that affects nothing, forget the regulation element - tell me more about this agreement, think back and talk to me as though I know nothing, try and explain what happened and we can try and get this reversed for you, I recently did that for another user and they had the default etc removed but you need exceptional circumstances, hence I am asking you to explain events to me as if to put me in your shoes then I can help you write a response to try and have the default removed.

There is no link between a default served under s.87/88 and a Credit Agency record - read the links above that I posted so you learn the difference. For a creditor to issue a DN via a CRA all you need to do it to be one day late with payment, after due date, it's that simple. However the standards say they give you 3-6 months prior to registering one and with overdrafts there is no timescale if the account is in use and/or recurring charges to the next overdraft review date.

Your ONLY argument here is that you were in a payment plan and hence you feel the default registered was hasty - that is how we can argue it for you, forget the regulation of an overdraft - it matters little and cannot affect anything.

[grinty6287]

Re: Santander Default

Well the point that I was hoping to argue was that they shouldn't have issued a default to me as the account has no record of being regulated under the CCA (their words not mine) Although now having read your links it looks to be nowhere near as simple as that (wishful thinking on my part!)


Basically I had my Current Account with Santander from 2005 to 2011. Through 2011 I became self employed and fell upon money problems. Santander we're charging me extortionate amounts of money in charges for missed direct debits etc which even though I cancelled the DD's to stop more charges, it started to snowball to the point where charges at one point came to more that £200 in one month. At this point I decided to stop banking with Santander and use a Mortgage Current Account that I had with Barclays that I had never used. I agreed with Santander to pay off the balance of the overdraft at £50 per month to which they agreed to, but over a 6 month period where they said it would be reviewed. 6 month's passed and I continued to pay the £50 a month, but unbeknown to me, Santander had decided that they would like more than £50 a month as they wanted the debt cleared. When I stated I could still only afford the £50 a month and continued to pay this they have issued me with a default notice (that I have not received).


In the time between the notice being issued and me paying off the remainder of the overdraft in one lump sum, approximately 7 months had passed. The only reason that I realised that a default had been issued against me was when I was printing a copy of the credit report for a meeting with a mortgage advisor when attempting to move house (the default put an end to that meeting sharpish!).


Obviously I am not disputing what you are saying, I just assumed that a default was a default, not knowing the difference between default served and the link to the CRA was different.


Now that I am aware of this, and it looks like I have little grounds to apply for it to be removed on the basis that they do not have the account down as being regulated by the CCA (even though they have told me on the phone today that it should be and that the letter sent to me sounds wrong), do you think that I will have any grounds elsewhere to have the default removed or is it just a waiting game now for it to drop off naturally. I have at no point refused to make payments to the bank, they just refused the amount I could afford and said that it was not sufficient in their opinion, at which point they closed the account and passed it on to a DCA.

[Never-In-Doubt]

Re: Santander Default

Ok leave it with me. I'll look into this.

Please clarify the date of default showing on your credit file, ideally a copy if the Santander CRA entry would be good, a copy if the letter Santander sent you. I'll then sort you a response for removal.

Please send to email in my siggy (below) and don't edit parts out.

[grinty6287]

Re: Santander Default

Wow! Thanks so much for offering your help. You have no idea how much its appreciated! I have just emailed you a photo of the letter received from santander and a photo of the entry on the credit report.

[Never-In-Doubt]

Re: Santander Default

Ok thanks. Can you clarify approximate dates (ie the month & year) please....

1. Date you last used the account as your main account;
2. Date you realised you had a balance owing;
3. Date you agreed to repay £50pm;

Also can you please clarify how much you were actually overdrawn assuming no charges were added, ie were you in credit say by £1 which after a failed DD made you overdrawn or were you already in an overdrawn state when the first failed DD occurred? can you also clarify the approximate amount of charges you've been charged - wax it just the 6 payments of £50 or did you pay more previously? Did you have an agreed overdraft and if do did it get exceeded as a result of charges or was it an unauthorised overdraft?

I'll be arguing several points for you, so you need to give me as much info as possible. I'd be arguing they made you overdrawn and charged for the privilege and this all this money needs refunding to you and retrospectively deducted with full default removal.

But to do that I need ammunition. Feel free to email me the answers above directly as that's quicker. I'll then update this thread with a suitable response to send back.

[Never-In-Doubt]

Re: Santander Default

Guess you're not interested anymore?