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Old Santander overdraft debt no2

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  • Old Santander overdraft debt no2

    Just to make my Debt problems clear to everyone.
    Hi all this is the new post to separate the two Santander overdraft debts so as not to confuse anyone.
    After receiving several letters from Robway (October 17-Feb 18) all has been quiet until now on this one since I sent overdraft letter 1 CCA (17th Feb18) regarding the other Santander overdraft debt (which is on hold until Robway get the documents requested)
    • 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.
    Last edited by whiplash; 12th July 2018, 10:14.

  • #2
    What is the date of the Default Notice?

    Were you sent a Formal Demand calling in the whole overdraft and if so what was the date of that Demand and what was the 'remedy' date (typically 14 days later)?

    When was the account terminated?

    Was this an arranged or unarranged overdraft?

    When was the account assigned to Hoist Portfolio?

    You say your last payment/activity on the account was October 2011 so this debt has the potential to be Statute Barred but don't tell them that in case it isn't and they issue a claim to beat the SB clock.

    Di
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    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

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    Comment


    • #3
      Originally posted by Diana Mayhew View Post
      What is the date of the Default Notice?

      Were you sent a Formal Demand calling in the whole overdraft and if so what was the date of that Demand and what was the 'remedy' date (typically 14 days later)?

      When was the account terminated?

      Was this an arranged or unarranged overdraft?

      When was the account assigned to Hoist Portfolio?

      You say your last payment/activity on the account was October 2011 so this debt has the potential to be Statute Barred but don't tell them that in case it isn't and they issue a claim to beat the SB clock.

      Di
      Hi Di
      The date of the default notice is 21st March 2012 (I have this default notice)

      I have a letter dated 17th Dec 2011 requiring me (under their terms & conditions) to repay the unarranged overdraft but that as I am unable to they will within 7 days cancel all d/d & s/o, cancel the debit card and cancel any arranged overdraft.

      The arranged overdraft limit was 700 however this was breached in Sep 2011...(due to ongoing charges). The above letter dated 17th Dec 2011 has a balance of -849.18.

      I don't have any letter of assignment however my credit report in Oct 2017 had this debt with Hoist with the monthly balance as far back as Dec 2014.... ( this is no longer on my credit report)

      Yes the last payment activity was in Oct 2011 however Robway stated on overdraft 1 that a payment was made in Sep12....
      Let me try &explain this.... on both the Santander overdraft debts 1 & 2 the default notices state a balance exactly 100 more than what Robway are chasing me for...(hence this payment they state was made Sep12) I know 100% that it wasn't me and going back through the letters Santander stated that all intrest & charges on both accounts were suspended as of Dec 11....The Jan 12 statements both include further charges of 100 on each account.....so these payments I believe were an adjustment of these charges made in error!!!
      This is the point I don't have proof of these apparent payments hence the SAR request on overdraft 1 (dated 17th Feb 2018 to which I have had an acknowledement from Santander however nothing more from them at present) would have given me the proof on both accounts.
      I believe these both to be statute barred.
      Hope this helps
      Regards
      W

      Comment


      • #4
        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

        Comment


        • #5
          Curious because of what you have already written "..
          The date of the default notice is 21st March 2012 (I have this default notice) .."
          That is not yet 6 years ago is it! Well if they can't supply you neither can they supply Robway.
          It will up to Robway to Prove! Irrespective of documents that you may actually hold.

          Comment


          • #6
            Originally posted by Roger View Post
            Curious because of what you have already written "..
            The date of the default notice is 21st March 2012 (I have this default notice) .."
            That is not yet 6 years ago is it! Well if they can't supply you neither can they supply Robway.
            It will up to Robway to Prove! Irrespective of documents that you may actually hold.
            March 2012 plus 6 years = March 2018!!!
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            • #7
              Originally posted by cymruambyth View Post

              March 2012 plus 6 years = March 2018!!!
              I am corrected!! cymruambyth Yours humbly. !!

              But I find it incredible that Santander are apparently applying a six year to date for the destruction of Data!
              Because what about existing Santander Credit Card Debtors opened prior to the last 6 years. Santander don't hold their Data either??

              Comment


              • #8
                Hi Roger....yes I find that incredible too....I suppose I was hoping to get the absolute proof about these 100 credits to both these Santander accounts in Sep 2012 to prove the SB status of these accounts & also what Robway have.... I assume that this is why Robway have put this account on hold since my CCA overdraft letter 1 (17th Feb 2018).
                The letter from Santander states that data is only kept 6yrs from when the relationship with the customer ends....this could have been from when all my banking facilities were withdrawn/demand for full repayment of overdraft was made which was Dec2011 ie accounts closed and passed to their debt control dept?? not sure.
                Anyway the letter from Santander filed safely and of course will update as/when I hear anything more.
                Regards
                W
                Last edited by whiplash; 19th July 2018, 09:32. Reason: date correction

                Comment


                • #9
                  Well in some cases Debts can be returned to seller! So I find Santander policy strange to say the least. From a operational context then yes because Creditor status can be fluid and changing and probably the six year thinking reflects a business approach to Banking. Sic Credit scores improving , new jobs prospects etc..


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

                  The overdraft letter here https://www.all-about-debt.co.uk/for...20CCA%20v1.doc and its follow up
                  https://www.all-about-debt.co.uk/for...20CCA%20v2.doc

                  These might cause considerable problems for Satander in your case.

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