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.

[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!

Hi sorry to be a bit dumb but on the overdraft letter there is an anti tamper box I assume for a hand written signature...do i hand sign in the box??

[Roger]

Hi sorry to be a bit dumb but on the overdraft letter there is an anti tamper box I assume for a hand written signature...do i hand sign in the box??

Yes over the anti tampering!!

[whiplash]

oops

[whiplash]

Yes over the anti tampering!!

Brill....thanks.....and as I have not heard from di i'll fill in the LOC reply form......just to check I should tick box D ( that I dispute the claim and nothing else?....do I request any docs in box i or does the overdraft letter take care of this......and then should I sign the reply form as it asks?

[Roger]

Brill....thanks.....and as I have not heard from di i'll fill in the LOC reply form......just to check I should tick box D ( that I dispute the claim and nothing else?....do I request any docs in box i or does the overdraft letter take care of this......and then should I sign the reply form as it asks?

Just tick the Box (disputed claim) nothing else!
The overdraft letter to Robinson Way takes the place of CCA S.78 request (no need for £1) Copy to Cohen
The SAR's should give you the necessary information for Statute Bar and or other issues,.

[whiplash]

Just tick the Box (disputed claim) nothing else!
The overdraft letter to Robinson Way takes the place of CCA S.78 request (no need for £1) Copy to Cohen
The SAR's should give you the necessary information for Statute Bar and or other issues,.

Thank yoooooo!!!

[whiplash]

• 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

Good morning to all.....Have sent overdraft letter 1 to Robway and returned pre action form with copy of overdraft letter 1 to Howard Cohen as advised by Roger special delivery so will be recieved today! Monday 19th Febuary....will await a response and keep you updated.....I have discovered a lot more statements/letters etc over the weekend and am shocked at the amount of overdraft charges applied to the account....had pretty much caused me to go over my overdraft limit and just kept on coming even though Santander were aware of my circumstances....I do remember returning my card/cheque book to the local branch and explaining my dire situation as soon as it happened....(marriage breakup/loss of job/ about to lose my home)......I'm not sure if this has any bearing at this late stage of this debt but will go though the statements and I'll list total charges on the Diary for people to see.

[whiplash]

• 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

Arranged Overdraft Limit as of June 2011 £650....
Balance as of June 2011 £-675.87
charges month by month
June 2011-July 2011........£35
July 2011-Aug 2011..........£110
Aug 2011-Sep 2011..........£150
Sep 2011-Oct 2011...........£60
Oct 2011-Nov 2011...........£150
Nov 2011_Dec 2011.........£125
Dec 2011_Jan 2012.........£100
Total charges for this period £730
Charges then have stopped

Santander have managed to more than double my overdraft Debt over 6 months!!








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

Have updated diary to include overdraft charges month by month.....Shocking!!
Any comments gratefully recieved

[Warwick65]

Hi
I know you say the account was defaulted in Feb 2012 - did you receive a S87(1) DN ? It might be that you can not remember or indeed it might be that you received several, I know I did.

If you did and still have it then it might be that the statute barred date is 6 years from the remedy date on the default notice but the danger is, the letter you sent may be seen as an admission.

On looking through the statements have you found any payments?

So you received a letter of claim?
have you replied yet?

If not you could ask for the default notice, notice and deed of assignment

It is slightly confusing for me as I have come in half way through but if no claim has been issued then maybe you are in a position to play a few games with them.

BTW when was the account sold to HPH?

[whiplash]

Hi
I know you say the account was defaulted in Feb 2012 - did you receive a S87(1) DN ? It might be that you can not remember or indeed it might be that you received several, I know I did.

If you did and still have it then it might be that the statute barred date is 6 years from the remedy date on the default notice but the danger is, the letter you sent may be seen as an admission.

On looking through the statements have you found any payments?

So you received a letter of claim?
have you replied yet?

If not you could ask for the default notice, notice and deed of assignment

It is slightly confusing for me as I have come in half way through but if no claim has been issued then maybe you are in a position to play a few games with them.

BTW when was the account sold to HPH?

Hi Warwick....thanks for your input....in answer to your questions....
I have the default notice...dated 16th Feb 2012.....
I have not found any payments to the account since Sep 2011 ( however Robway state a payment was made 24th Sep 2012...definately not me) I only have statements/letters up to April 2012.
The letter of claim had to be in for the 19th Feb 2018 (today) so held off doing anything in the hope of getting advice regarding this....Roger advised me to send overdraft letter 1 to Robway and copy to Howard Cohen, also to return loc just ticking box D defend and nothing else. these were all sent special delivery Sat 17th Feb.
Roger also suggested a SAR request to Santander which was also sent......
The account was legally assigned to Hoist on 15/10/14 (according to Howard Cohen)

[whiplash]

Hi
I know you say the account was defaulted in Feb 2012 - did you receive a S87(1) DN ? It might be that you can not remember or indeed it might be that you received several, I know I did.

If you did and still have it then it might be that the statute barred date is 6 years from the remedy date on the default notice but the danger is, the letter you sent may be seen as an admission.

On looking through the statements have you found any payments?

So you received a letter of claim?
have you replied yet?

If not you could ask for the default notice, notice and deed of assignment

It is slightly confusing for me as I have come in half way through but if no claim has been issued then maybe you are in a position to play a few games with them.

BTW when was the account sold to HPH?

Yes and with regard to my sending of the statute barred letter .....I think I was badly advised by a debt helpline.....before I found this brilliant forum

[Warwick65]

Hi
Well yes I think you were badly advised and a lot would depend on exactly how you worded it as to if it would be taken as an admission of liability.

Assuming they would not take the letter as an admission then you would need to delay any claim until at least 5th march ( I think) preferably 16th march

Forgive me if this has already been mentioned but did you send a SAR to Santander

I must declare an interest in that I have a similar account with Santander that has not been sold on with a default date of about 12 months time so your experience is quite relevant to me

I wish you all the l;uck in the world and if there is anything I can do to help just shout

[whiplash]

Hi
Well yes I think you were badly advised and a lot would depend on exactly how you worded it as to if it would be taken as an admission of liability.

Assuming they would not take the letter as an admission then you would need to delay any claim until at least 5th march ( I think) preferably 16th march

Forgive me if this has already been mentioned but did you send a SAR to Santander

I must declare an interest in that I have a similar account with Santander that has not been sold on with a default date of about 12 months time so your experience is quite relevant to me

I wish you all the l;uck in the world and if there is anything I can do to help just shout

Hi yes SAR sent to Santander sent recorded 17th Feb.....maybe too late however was a bit late finding this site......
I enclose a link/copy of the Statute letter I was advised to send..... Time has run out to recover a debt (sole name) (3).pdf
Yes I think you are right with the date 5th March.....all I can do is hope....Robway are stating default date 23/3/2012.....thats what is on the credit ref file.....
And I also have another Santander overdraft debt.£833 default notice dated 23/3/2012....Yep they gave me two overdrafts even though i was in finacial trouble......The other one I will post up details soon.....The SAR to Santander will help in that one too.
best regards

[whiplash]

Hi all....Have heard nothing more from Robinson Way/Howard Cohen since return of LBC and Overdraft letter 1 sent to both....all was recieved on 19th Feb by them as per special delivery so waiting to see what happens next......
Letter recieved from Santander dated 19th Feb 2018 confirming my SAR request and that it will be dealt with within 40 days.
will update as soon as I hear anything more.
Take care.....