Hopeful's UE Diary

[Hopeful]

Roger. As you can see, the flexible loan has been passed around various DCAs, but has never actually been 'sold off'. Throughout the life of the loan, it was used on occasion to clear the balance of the Cahoot credit card & overdraft. I thought that this account should actually have been made statute barred in September 2017. My last token payment of £1 was definitely made in September 2011 (I have statements showing this). My credit reference file shows that the account was last updated on 22/09/2013. This ties in with the date that Santander refunded their charges & interest at the behest of the FOS. Obviously this was not a payment from me.

[Still Waving]

Roger. As you can see, the flexible loan has been passed around various DCAs, but has never actually been 'sold off'. Throughout the life of the loan, it was used on occasion to clear the balance of the Cahoot credit card & overdraft. I thought that this account should actually have been made statute barred in September 2017. My last token payment of £1 was definitely made in September 2011 (I have statements showing this). My credit reference file shows that the account was last updated on 22/09/2013. This ties in with the date that Santander refunded their charges & interest at the behest of the FOS. Obviously this was not a payment from me.

Hi

I note in your history of the account that Santander eventually paid you £150 as ordered by the FOS and also subsequently credited £13,010.44 back to the account. You then made a further complaint to Santander on 08/08/13. Was this because the amount they had credited was not correct in your opinion, or because of their failure to implement the FOS decision in a timely manner?

Is it possible that in that letter you may have inadvertently acknowledged the debt (the wording in a letter is all-important) thereby affecting the date on which the debt becomes SB?

[Roger]

See Still Wavings comment might be pertinent for SB.

A Credit Card and Overdraft are Different Types of Debts under CCA which might be a problem for Santander/Cahoot.
At some point you will probably need legal advice especially given the size of the Debt. Might be worth giving

Diana Mayhew

a ring!!

[Joanna Connolly Solicitors]

I've just noticed that you've started another thread for this debt in a different section of the forum so I'll see if someone can merged them for you, but in the meantime I'll quote a couple of the posts from that thread on this one for continuity.

It may be better to email it to Niddy using webmaster@all-about-debt.co.uk .

Did the covering letter from Wescot say the credit agreement was "reconstituted" and did they enclose any other documents with it in order to comply with your s 77-79 CCA Request?

What did that letter from Drydens Fairfax solicitors say would happen if you didn't contact them by yesterday (9th May)?

It probably wasn't a 'Letter Before Claim' (because it doesn't give you 30 days to respond) but I thought I should check.

The copy CCA that I received from Wescot was a photocopy of the original. No other documents were enclosed.

The letter from Drydens Fairfax states, 'We are solicitors instructed by our client, Santander UK plc, to obtain repayment due of £13843.24 or to take appropriate recovery action should you fail to pay. Please contact us by 9 May 2018 on 0113 823 3319 to agree a satisfactory solution to this matter'.

Here's Niddy's response to the copy CCA that I emailed him

'It’s likely UE but there’s not much to go by. Clearly the terms aren’t accurate as it mentions page 24 on the ppi. So if class it as UE with what they’ve sent you.'

Di