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Old Santander Overdraft debt
- Type of account.....Santander Bank overdraft (1)
- Date commenced....23rd April 2010
- Approx balance......£1133.54
- Date last paid.........Nothing paid since at least since 25th Oct 2011
- Are you on arrangement or not paying.......Not paying
- Status ........Default (default notice 16th Feb 2012)
- Account owner....... Hoist HPH2
Unauthorised O/D as of June 2011
June 2011-Jan 2012
Total charges for this period £730
Charges then have stopped
Santander have managed to more than double my overdraft Debt over 6 months!!
24/11/11 Letter from Santander stating breach of terms and conditions stating breach of terms and conditions and that banking facilities are stopped.
06/12/11 Letter from Santander stating all banking facilities are about to be removed and demanding immediate payment of unarranged O/D.
15/02/12 Letter from Santander advising me due to breach of terms and conditions a default notice is being sent.
16/02/12 Default notice received with full payment of O/D required within 14 days.
Oct 17- Dec 17 Several letters from Robway asking me to contact them
All Ignored however was receiving advice from Debt helpline who suggested I send a statute barred letter.
29/01/18 Statute barred letter sent recorded delivery as advised by a debt helpline.
30/01/18 Letter of claim received from H Cohen (dated 18/01/18).
08/02/12 Letter from Robway thanking me for responding to the pre action protocol and that I believe the account to be Statute Barred. They advise not SB due to default date being March 12 and a payment was made Sep 12.
This was not a response to the pre action protocol the SB letter was sent before I received the letter of claim!
Then I discovered the brilliant AAD forum!!! (Oh I wish i'd found it earlier)
17/02/18 letter of claim returned with just box D ticked and name printed (not signed) sent special del.
17/02/18 Overdraft letter 1 sent to Robway with copy to H.Cohen sent Special delivery.
17/02/18 SAR request sent to Santander with £10 postal order.
19/02/18 Letter from Santander confirming my SAR request.
27/02/18 Letter from Robway thanking me for my response to the pre action protocol pack, and they have requested the documents specified in my overdraft letter 1. Account on hold until the documents are provided.
11/07/18 Letter from Santander ref my SAR request. They state that based on the info provided (name, current address, previous address and date of birth) they regret they cannot find any data relating to Santander accounts. They state that if their relationship ceased with the customer more than 6 yrs ago they do not retain the information.
05/10/18 Notice of assignment letter from Hoist Finance Uk Holdings 2 ltd stating account now owned by them.
18/10/18 Letter from Robway with documents enclosed as requested by overdraft letter 1 (17/02/18) .
Documents supplied is a copy of original agreement, notice of assignment and a transaction list which proves the payment to this account ( referred to in letter dated 08/02/12), in Sep 12 was a fee refund by Santander NOT ME!!!
08/12/18 Letter from Robway stating this account still outstanding & asking me to contact them to set up a payment plan
27/04/19 Letter from Robway asking me to please contact them.
25/05/19 Letter from Robway offering a reduced settlement.
21/10/19 Letter from Robway asking me to please contact them.
15/11/19 Letter from Robway reduced settlement offer.
09/12/19 letter from Robway asking me to contact them.
Hi I am hoping to get some help/advice with regard to an unauthorised overdraft debt incurred with Santander in Sep 2011.
I have been contacted by Robinson Way who has acquired this debt and was threatening legal action to recover this debt.
I contacted A debt helpline and discussed the situation and it was suggested that I send one of their pre formed letters claiming that the debt was statute barred, This was sent to Robinson Way on 29th Jan 2018 recorded delivery.
On the 30th Jan I received a letter of claim from Howard Cohen (dated 18th Jan 2018 must have been delivery by horse & cart)) and to respond by 19th Feb 2018.
I have since received a reply from Robinson Way dated 8th Feb thanking me for my contact in response to the pre action protocol pack ( I have not returned the pre action pack yet),and that they note that I believe this account to be Statute Barred.
They advise that the account is not Statute Barred as the account default date was 23rd March 2012 and that a payment was made on 24th September 2012 ( certainly not by me). They state that the account is now on hold until 26th Feb 2018.
Since sending the Statute Barred letter on 29th Jan 2018 I have discovered a fair amount of paperwork relating to this account, including statements and letters sent from Santander ending with a default notice dated 16th Feb 2012.
I have an idea with regard to this payment that Rob way refer to and this could be a correction of charges applied to the account of £100.00 when they had already stated in an letter in Dec 2011 that they had suspended all charges to the account however they applied a further £100 charge in Jan 2012 for an unarranged overdraft.
Anyone have any advice as to what to do now? should I return the pre action form and what to put? when does an unarranged overdraft become statute barred.
I do have letters stating breach of contract due to non payment on demand of the full amount and cancelling all cards/dd/ and any further use of the account dated 24th nov 2011.
Hoping someone might be able to help me
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