Old Santander Overdraft debt

[whiplash]

The LBC is such a new process and tactics are important
I have been on a very steep learning curve on this site, and am still learning everyday!
The MODS are experienced and excellent and the legal Team brilliant.
We have all be where you are now!!

The Statute Bar is a pretty complex issue! If raised the Claimant can issue a Claim straight away to protect their interests!

Exactly.....I'm so glad I found this site with such helpful people and don't feel alone in this mess......
I have not heard back from Diane at all so will prepare all letters to send as per your thoughts on what best course of action to take but will hold off with filling in the lbc until tomorrow morning in case I do hear back from Diane. But will be in the post by midday tomorrow and just keep my fingers crossed.

[Roger]

Great thank you soo much for your help.....I'm still hoping for a response from Diana to see what she says so will hang fire until the last minute before filling in lbc/sending overdraft letters......should I sign the LBC?? or just print name.
I have also done the SAR letter to Santander as you suggested.
Thanks again and will update you if/when I hear back from Diana.

The LBC is such a new process and tactics are important
I have been on a very steep learning curve on this site, and am still learning everyday!
The MODS are experienced and excellent and the legal Team brilliant.
We have all be where you are now!!

The Statute Bar is a pretty complex issue! If raised the Claimant can issue a Claim straight away to protect their interests!

[whiplash]

Digitally signed means using computer!
You can add formally at (Old Address) see new above to that letter!

You deadline is for Monday morning

See what Diana comes back with !

My thinking is to send the overdraft Letter! You also have that second follow up letter when or if they reply!
The LBC my thinking is to tick intend to defend (nothing else) and get that to Howard Cohen with copy of the overdraft letter Monday morning- special delivery!
Keep copies (use Mobile camera if copying is a problem ) of what you are ending plus off course Post Office receipts etc.

Good Luck

Great thank you soo much for your help.....I'm still hoping for a response from Diana to see what she says so will hang fire until the last minute before filling in lbc/sending overdraft letters......should I sign the LBC?? or just print name.
I have also done the SAR letter to Santander as you suggested.
Thanks again and will update you if/when I hear back from Diana.

[Roger]

Digitally signed means using computer!
You can add formally at (Old Address) see new above to that letter!

You deadline is for Monday morning

See what Diana comes back with !

My thinking is to send the overdraft Letter! You also have that second follow up letter when or if they reply!
The LBC my thinking is to tick intend to defend (nothing else) and get that to Howard Cohen with copy of the overdraft letter Monday morning- special delivery!
Keep copies (use Mobile camera if copying is a problem ) of what you are ending plus off course Post Office receipts etc.

Good Luck

[whiplash]

Hi thanks for your reply.....this is helping me with the confidence to deal with this.....
My biggest concern is what to do about the pre action form which needs to be returned by Mon 19th Feb?.....I have not returned this and as Nightwatch pointed out I was advised by a debt helpline to send a statute barred letter which was sent 29th Jan 2012.....this letter of claim was recieved from Howard Cohen 30th Jan 2012 even though dated 18th Jan 2012. In the meantime Robinson way have replied to my statute barred letter as if it is a response to the letter of claim stating not statute barred and putting the account on hold until 26th Feb......My concern is if I don't reply to the pre action letter by 19th Feb can they just start court action with no further notice......
Sorry one more thing is the SAR to Santander....if it takes 40 days do have I have enough time? and is there a problem accessing this info as i am not at the address the bank was registered to?

One more thing...the sar request I have moved from the address the account was registered at....do I need to prove to them who I am?? and on the sar template what does digitally sign mean!! me being a newbie......

[whiplash]

Whiplash contact with A debt helpline and the advice he was given is the reason why AAD ask for Diary etc.. etc.. Because this resulted in a potentially dangerous legal position!
His records are incomplete and without a SAR I can't see anybody could determine the SB date!

My advice is that he contact Di
He needs a SAR from Santander.
The communication with Howard Cohen and Robinson Way?
My thinking is to send the AAD overdraft Template to Robinson Way and Copy to Howard Cohen (without the £1) by recorded delivery.
But he does need to I think to email Diana Mayhew di@joannaconnollysolicitors.co.uk. because a damage limitation exercise is required.

Hi yes i have e-mailed Diana Mayhew 1st thing this morning,,,,Hoping for a reply asap.

[Roger]

• Type of account.....Santander Bank overdraft
• 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

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

Whiplash contact with A debt helpline and the advice he was given is the reason why AAD ask for Diary etc.. etc.. Because this resulted in a potentially dangerous legal position!
His records are incomplete and without a SAR I can't see anybody could determine the SB date!

My advice is that he contact Di
He needs a SAR from Santander.
The communication with Howard Cohen and Robinson Way?
My thinking is to send the AAD overdraft Template to Robinson Way and Copy to Howard Cohen (without the £1) by recorded delivery.
But he does need to I think to email Diana Mayhew di@joannaconnollysolicitors.co.uk. because a damage limitation exercise is required.

[whiplash]

Well done!
Just split these into two separate Blogs!!

A SAR to Santander will return information about both of your overdrafts.
In particular to help determine the Statue Bar date!! The last payment ? Default Notice? Have you inadvertently acknowledged the Debt? It will be 6 years plus one month!
On the second overdraft my thoughts are that unless being threatened remain silent. If pressed the AAD overdraft letter template could be sent (without £1).

The Barclaycard you really need a SAR here because your records are likely to be incomplete and again the Statute Bar date needs more information. Costs £10 takes up to 40 days.
Unless pressed remain silent! If pressed and or threatened then the CCA S.78 Template plus £1


I think the SAR's are important here as you must be close to Statute Bar - but you must be sure of your records before using that argument!

Split the two into separate Blogs and post up summary details of letters etc.. received for the MODS to look at

Your doing well

Hi thanks for your reply.....this is helping me with the confidence to deal with this.....
My biggest concern is what to do about the pre action form which needs to be returned by Mon 19th Feb?.....I have not returned this and as Nightwatch pointed out I was advised by a debt helpline to send a statute barred letter which was sent 29th Jan 2012.....this letter of claim was recieved from Howard Cohen 30th Jan 2012 even though dated 18th Jan 2012. In the meantime Robinson way have replied to my statute barred letter as if it is a response to the letter of claim stating not statute barred and putting the account on hold until 26th Feb......My concern is if I don't reply to the pre action letter by 19th Feb can they just start court action with no further notice......
Sorry one more thing is the SAR to Santander....if it takes 40 days do have I have enough time? and is there a problem accessing this info as i am not at the address the bank was registered to?

[nightwatch]

Well done!
Just split these into two separate Blogs!!

A SAR to Santander will return information about both of your overdrafts.
In particular to help determine the Statue Bar date!! The last payment ? Default Notice? Have you inadvertently acknowledged the Debt? It will be 6 years plus one month!
On the second overdraft my thoughts are that unless being threatened remain silent. If pressed the AAD overdraft letter template could be sent (without £1).

The Barclaycard you really need a SAR here because your records are likely to be incomplete and again the Statute Bar date needs more information. Costs £10 takes up to 40 days.
Unless pressed remain silent! If pressed and or threatened then the CCA S.78 Template plus £1


I think the SAR's are important here as you must be close to Statute Bar - but you must be sure of your records before using that argument!

Split the two into separate Blogs and post up summary details of letters etc.. received for the MODS to look at

Your doing well

Wiplash was told by another dept helpline to tell them it was SB, Howard Cohen have sent him the leal claim forms before they received the SB letter, RW have written back thanking him for replying to the legal claim , they state it is not SB as a payment was made in 2012, its in his other post. NW.

https://www.all-about-debt.co.uk/forum/debt-bailiffs-starting-again/general-debt-matters/1507748-barclaycard-hoist-portfolio

[nightwatch]

It is easier to have only one thread (diary) that contains a separate post for each debt, then when you receive any communication for that debt you edit the post that corresponds to that debt,
that makes it easier for you and us to keep track of what is happening and what time scale we have to respond, once you have updated the post save it,
you can then hit Quote and add a comment or a question post it and it will show up for us to reply

NW

[Roger]

Well done!
Just split these into two separate Blogs!!

A SAR to Santander will return information about both of your overdrafts.
In particular to help determine the Statue Bar date!! The last payment ? Default Notice? Have you inadvertently acknowledged the Debt? It will be 6 years plus one month!
On the second overdraft my thoughts are that unless being threatened remain silent. If pressed the AAD overdraft letter template could be sent (without £1).

The Barclaycard you really need a SAR here because your records are likely to be incomplete and again the Statute Bar date needs more information. Costs £10 takes up to 40 days.
Unless pressed remain silent! If pressed and or threatened then the CCA S.78 Template plus £1


I think the SAR's are important here as you must be close to Statute Bar - but you must be sure of your records before using that argument!

Split the two into separate Blogs and post up summary details of letters etc.. received for the MODS to look at

Your doing well

[whiplash]

Just to make my Debt problems clear to everyone.
I'm not sure if I need to start a new thread for each one??? as a total newbie to forums
.There are other debts from around the same time and am being chased only by Robway for two other debts one is another Santander overdraft (I had two accounts one to pay bills and one for day to day to try and help me manage my budget).

• Type of account ...another Santander overdraft
• Date commenced around Oct 2010
• Approx balance....£849.18
• Date last paid......nothing since at least Oct 2011
• Are you on arrangement or not paying......Not paying
• Status ..................Default date 21st March 2012
• Account owner ... DCA Hoist HPH2

This one I have had several letters from DCA Robinson way asking me to make an arrangement or make an offer.....I have not replied to them....Again I have some statements/letters/ statute default notice.

[whiplash]

Hi have read through the templates and I wonder if the fact that I had to move from the address that the bank had around July 2011 effectively becoming homeless for a number of years....could they argue that how can they send yearly statements if they didn't know where i was? I did set up a mail redirection for a period of time to a friends address and this is where I discovered letters/statements from the bank.

[whiplash]

Thank you for the reply Roger......really appreciate your help.....Have edited the post to include Diary format...( Hope the format is correct & more helpful).
I will take your suggestion to contact AAD Legal Team Now before I do anything......

[Roger]

The Diary format would help here
https://www.all-about-debt.co.uk/for...-read-me-first

• Type of account (credit card/loan)
• Date commenced (ideally before Apr 2007)
• Approx balance
• Date last paid (approximate date you last made a FULL payment)
• Are you on arrangement or not paying
• Status (default/in arrears/up-to-date)
• Account owner (who is writing to you, a DCA or the lender)

Providing the above information helps

AAD has a overdraft Template see here https://www.all-about-debt.co.uk/for...20CCA%20v1.doc
There is also a second follow up letter https://www.all-about-debt.co.uk/for...20CCA%20v2.doc

Read here https://www.all-about-debt.co.uk/for...A-Information=

You don't send a £1 but use recorded delivery.to Robinson Way and copy to Howard Cohen

You need to request a SAR Cost £10 from Santander this should assist in discovering the back ground in this matter and clarity over the Statute Bar.

I would also contact AAD Legal Team before replying or communicating with Howard Cohen again at this stage. Diana Mayhew di@joannaconnollysolicitors.co.uk.