Old Santander Overdraft debt

[whiplash]

Hi

I didn't see a question there But I would think that the account statements in the SAR should show whether these alleged payments are, in fact, credit adjustments.

Hi....yes after reading it back there wasn't a question was there...it should have been asking for your highly valued views considering the chasing of the SAR....sorry
Regards
W

[whiplash]

[QUOTE=Roger;n1512323]OK
My instinct is to do nothing here.

Your post 28th February 2018, 10:22

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.

Both are outstanding at this time aren't they?
Your Post

6th March 2018, 09:05
Originally posted by nightwatch View Post
just sit tight ball is in their court, NW x

Hi letter received from Robinson Way this morning.....
They thank me for my recent contact in response to the pre action protocol pack.
They state my response has been noted and they have requested the documents specified (in the CCA overdraft letter 1) in order to provide me with more information on this debt.
They state that the account is on hold until the documents have been provided.
Once they have received them they will then send me the documents requested and the account will be placed on a further hold to allow time for me to contact them.


So you see at this time you don't need a SAR unless or until such time as Robinson Way come back with Documents. Then would be the moment to perhaps send Santandar that chaser letter!
No threat No sweat!
Even if Sept 2012 you are what more or less 3-4 months from Statute Barred.
If you look at Niddy's info on the Overdraft Letter (which uses the CCA in a slightly different way to the S 77/78 ) THIS IS UE at this time!
So I would do nothing here!

[/QUOTE
Hi Roger....Thanks for your reply....will just hang fire until I hear anything more from Robway...SAR chase letter filed until/if I need it....
Also just to clarify....there are 2 overdrafts with Santander.... The CCA overdraft letter1 was sent with regard to the 1st overdraft.....with regard to the 2nd overdraft Robway hadn;t chased me since this request for the 1st overdraft...however they have sent me a letter today asking me to contact them about the 2nd overdraft..
I hope this makes sense......
Should I set up a new post with the 2nd overdraft to hopefully make things clearer for everyone??
Regards
W

[Roger]

If Robs Way start pestering! That letter sounds innocuous! Send a second Overdraft letter for that second account!!

A second post would help here so because each debt is a different case!
At the moment that first is UE.

[Warwick65]

I hadn't realised they had said a payment was made in Sept 2012 , in any case its only a couple of months away

The problem with the CCA letters from that time is, if i have understood it correctly, that they are not something you can rely on in court the same way you can a traditional S77-79 request.There are of course many other ways to defeat overdraft claims

I have a santander account that goes SB at some point early next year, as far as I know Santander still own it and I haven't heard a peep for about 2 years now.

Remember though, if it is UE because of no sums in arrears etc this can easily be put right but to be honest I have not seen many or even any santander cases go to court - doesn't mean they haven't just I am not aware of any

[Joanna Connolly Solicitors]

My advice is to do nothing.

Don't do anything which could help anyone join up the dots.

If information hasn't been forthcoming (from whatever source for whatever reason) then that may be a good thing.

Di

[whiplash]

My advice is to do nothing.

Don't do anything which could help anyone join up the dots.

If information hasn't been forthcoming (from whatever source for whatever reason) then that may be a good thing.

Di

Hi Di thank you for your advice....will just sit tight and will update as/when I hear anything more
Regards
W

[whiplash]

My advice is to do nothing.

Don't do anything which could help anyone join up the dots.

If information hasn't been forthcoming (from whatever source for whatever reason) then that may be a good thing.

Di

Hi....Letter received from Santander today 17/07/2018 with reference to my SAR request (17th Feb 2018)
They state that based on the information provided...Name, current address, previous address (which is where both Santander accounts were opened & held) and d.o.b they regret that they cannot locate any account data relating to any Santander accounts.
They state that I am welcome to supply any additional data to help find the account details requested.
They also advise that historical information can only be retained for legitimate reasons, therefore some personal data may no longer be held as it has been deleted in line with our retention policy.
They state that in circumstances where our relationship ceased with the customer more than six years ago we do not retain the documentation required, therefore are not obliged to provide this information in accordance with FCO guidelines.

Ok should I do anything more to try & locate this data....ie account no's, or should I just take this as they do not have any data on me any more which also means Robway wont be able to produce anything either?
Regards
W

[Still Waving]

Hi

In post #34 you said

6th March 2018, 09:05


Hi letter received from Robinson Way this morning.....
They thank me for my recent contact in response to the pre action protocol pack.
They state my response has been noted and they have requested the documents specified (in the CCA overdraft letter 1) in order to provide me with more information on this debt.
They state that the account is on hold until the documents have been provided.
Once they have received them they will then send me the documents requested and the account will be placed on a further hold to allow time for me to contact them.


On this latest response from Santander, Di's advice in post #50 is even more apposite -

"11th July 2018, 23:58

My advice is to do nothing.
Don't do anything which could help anyone join up the dots.

If information hasn't been forthcoming (from whatever source for whatever reason) then that may be a good thing.

Di"


If Santander cannot find your accounts, then how can they supply Robway with an Agreement ?

Keep that Santander letter safe, as it would be the basis for a challenge if Robway produce what they claim is the copy Agreement.

[whiplash]

Hi

In post #34 you said

6th March 2018, 09:05


Hi letter received from Robinson Way this morning.....
They thank me for my recent contact in response to the pre action protocol pack.
They state my response has been noted and they have requested the documents specified (in the CCA overdraft letter 1) in order to provide me with more information on this debt.
They state that the account is on hold until the documents have been provided.
Once they have received them they will then send me the documents requested and the account will be placed on a further hold to allow time for me to contact them.


On this latest response from Santander, Di's advice in post #50 is even more apposite -

"11th July 2018, 23:58

My advice is to do nothing.
Don't do anything which could help anyone join up the dots.

If information hasn't been forthcoming (from whatever source for whatever reason) then that may be a good thing.

Di"


If Santander cannot find your accounts, then how can they supply Robway with an Agreement ?

Keep that Santander letter safe, as it would be the basis for a challenge if Robway produce what they claim is the copy Agreement.

Hi yes my thoughts exactly...

[Joanna Connolly Solicitors]

If Santander cannot find your accounts, then how can they supply Robway with an Agreement ?

Keep that Santander letter safe, as it would be the basis for a challenge if Robway produce what they claim is the copy Agreement.

That's the way I see it

Di

[whiplash]

Hi all just to let you know that I have heard nothing more ref this account...and as per my earlier ref that Robway reckoned there was a payment in Sept 12 (100% not by me....default date March 2012) I believe that as well as currently UE it is now definitely in SB territory now.
Regards
W

[whiplash]

Hi all letter received today from Hoist Finance UK Holdings 2 ltd stating notice of assignment.
Letter states that Hoist portfolio Holding 2 ltd (HPH2) has assigned all rights,interest,benefits and entitlement to Hoist Finance UK Holdings 2 ltd (HFUKH2L).
Robway will continue to service this account on behalf of HFUKH2L.
They state this is due to internal restructuring.....they've just added UK into the title.
Should I take much notice of this or just file?
Best regards
W

[The Tech Clerk]

file away

[whiplash]

Good morning to all...Letter received from Robway today (re my overdraft letter 1 sent 17th Feb 18)
They have supplied an up to date statement which is a transaction list going back to May 2010, (which includes this payment that robway claimed was made in Sep 12 and as suspected it was an overdraft fee refund by Santander not me) they state that they have enclosed previous NOA, terms and conditions, and the consumer credit agreement for this account and are asking for payment proposal/ my financial statement/ repayment offer.
They state that account will be held until 5th Nov and failure to contact them may result in the account being referred to H.Cohen &co who may be instructed to take court action.
They have supplied Statements, what looks to be a copy of the original application form with my signature, the terms and conditions they say they have sent look to be just a Data protection statement and a letter of assignment from Santander stating account assigned to Hoist portfolio holding 2 ltd (Oct 14) and a letter from Hoist portfolio holding 2 ltd stating account assigned to them Nov 14.
Strange all this as Santander wrote in response to my SAR request stating they had no information on me at my previous address (which was my registered address with Santander and where they were sending all statements and letters)....The copy of original agreement has a different address (my previous/previous address if that makes sense).
Any advice & help on what to do now would be really helpful.
I believe this is SB anyway as the default notice was March 2012 and this payment Robway were stating was made in September 12 (hence not SB in their eyes) is now confirmed as a fee refund from Santander.
Best Regards
W

[Roger]

Well simply send them a copy of Santander's Fee refund payment on September 12 ! Without comment! .
This defeats their whole argument doesn't it!
Its also Now 22 Oct that's 10 days more than 6 years plus 1 month from Sept 12 (Oct 12). Nov 14 would of course be 1 month and 2 days beyond Oct 12!