How do I move on

[Ballister]

Shall I send the terms and conditions sheets too?

Yes - send the agreement plus all the T&Cs that you received from Santander

[Roger]

Thanks Roger, i'll redact and send on. Are they likely to send a CCJ if i stop paying though?

You are a LONG way off from a CCJ and before they threaten this they must send you a Letter Before Claim with a 30 day period to respond!
As corrected send UNREDACTED.

You are begining to take control here! Well done!

[Turquoise]

Shall I send the terms and conditions sheets too?

[Ballister]

I think Roger meant to say 'send an unredacted copy'

[Turquoise]

Thanks Roger, i'll redact and send on. Are they likely to send a CCJ if i stop paying though?

[Roger]

Debt 3: I've received a copy of my CCA from Santander, it is a copy of the original form that I signed with abbey in 2009. So should I just set up a payment plan to pay off this full amount or is there anything further that can be checked with regard to it being UE?
It dropped off my credit file years ago, is there any way they can put it back on?

Send an redacted copy of what they have sent you to @Niddy (nobody else will see it!) webmaster@all-about-debt.co.uk

They cannot put it back on your Credit file!
STOP paying NO need to communicate to Santander and post any responses in your Diary 3 entry.

[Turquoise]

Debt 3: I've received a copy of my CCA from Santander, it is a copy of the original form that I signed with abbey in 2009. So should I just set up a payment plan to pay off this full amount or is there anything further that can be checked with regard to it being UE?
It dropped off my credit file years ago, is there any way they can put it back on?

[nightwatch]

Debts 1 and 2: Is it a good time now to stop my £1 token payments to Cabot as they have said that both accounts are currently UE? I've just been made redundant so I don't want to rock the boat too much but would like to start the SB clock.

At what point (if at all) do I send an SAR to the original lenders?

if they say they are UE, then I would stop payment, they will keep asking you to pay but you don't have to, unless they suddenly find and send a Compliant CCA.

[Roger]

Debts 1 and 2: Is it a good time now to stop my £1 token payments to Cabot as they have said that both accounts are currently UE? I've just been made redundant so I don't want to rock the boat too much but would like to start the SB clock.

At what point (if at all) do I send an SAR to the original lenders?

A good SAR should reveal any exchange between the Original Creditor and Cabot! As well as past activity.
The best guideline will be wait and see what, if anything, Cabot send you!!

This is where Patience and sitting on your hands is the best tactic! The obligation and duty is on Cabot NOT you!
For the moment the SAR can wait!

[Turquoise]

Debts 1 and 2: Is it a good time now to stop my £1 token payments to Cabot as they have said that both accounts are currently UE? I've just been made redundant so I don't want to rock the boat too much but would like to start the SB clock.

At what point (if at all) do I send an SAR to the original lenders?

[Turquoise]

Debt 1:

Reply received (approx 10 days ago) from Cabot re HSBC overdraft – “We’re still processing your request and have contacted the original lender for the relevant information. Until we’re able to provide this information, your account is unenforceable… The Customer Care team will mail you the requested information once we have received it.”

[Turquoise]

Hi Di

Santander send me a statement every 6 months which shows the £1 monthly payments. Further detail of events below, hopefully this will clarify.

8.3.11 default notice from Santander
24/3/2011 from Viking 'the outstanding debt has been transferred to Viking for collection'
23.5.11 default notice from Santander
30.6.11 threatening letter from 1st credit 'instructed to take action on behalf of santander'
I set up £1 monthly payment.
Nov 14 letter of notice of assignment from Santander credit card to Santander UK plc.
Continued paying £1 to 1st credit til Santander informed of the change to Robinson way.
I have continued the payment since.

A week ago I sent a CCA request to Robinson Way, awaiting response.

[Joanna Connolly Solicitors]

Debt 3:

Abbey Credit Card £5k:

Account opened with Abbey 2009.
Santander took it over later in 2009.

Dec 2010 unable to pay minimum payment so paid £1 per month and have been doing that throughout.
Default notice served by Santander March 2011.

. . .

20 April 2011 made temp payment arrangement of £1 per month with Santander.
23 May 2011 default notice from Santander.
Passed to 1st Credit June 2011.

Nov 2014 Received Notice of assignment from Santander Cards Limited to Santander UK plc.

2016 Santander sent letter saying that my account has been transferred to Robinson Way debt collectors from 1st Credit.

Can you just clear up something for me.

If the debt was assigned (sold) by Santander to 1st Credit (now called Intrum) in 2011, I'm not sure why it would have been assigned from Santander Cards Ltd to Santander UK plc in November 2014, and then Santander told you in 2016 that the debt had been transferred to Robinson Way (Debt Collection Agency) from 1st Credit (now Intrum).

Who is currently writing to you (if anyone)?

This matters as to who should send your CCA Request to.

Di

[Turquoise]

18/6/20 - the CCA request I sent to Santander was returned to me because I hadn't entered a payee name on the PO (post office said they would be able to cash it as I hadn't been able to find out who it should be made out to). They still haven't told me who to make it payable to so I'm sending it to Robinson Way instead.

[Joanna Connolly Solicitors]

Debt 2: I would like to make them an offer as a final settlement to get this closed off. Is now the right time, how much should I offer, is there a template letter, should I stop paying the £1 per month first? Or as Di suggested, should I carry on waiting (how long?) before sending an SAR to Halifax etc?

Why would you want to make an offer on an unenforceable debt?

I would carry on waiting as *Di* suggested

Di