Exactly.

They bring the profession of MORON into disrepute:madgrin:

They bring the profession of MORON into disrepute:madgrin:

Hi All,

Hope you're well!

I've been helping a friend with letters she's been receiving for a few months now.

She's had letters from Santander saying she owes money, though she swore blind that she's never had any dealings with them. We sent a "prove it" letter a while back and heard nothing.

This was then taken up by Rockwell - CCA request sent and the case sent back to Santander (postal order refunded).

Then Wescot tried their hand - CCA request referrred to santander, who have now sent the letter attached below.

Rockwell and Wescot didn't "own" the alleged debt - they were "acting on behalf of..."

We've checked "Noddle" - she has absolutely NOTHING on her credit file - no searches, no defaults, no CCJs, etc.

Now as Santander are alledging that she took out a loan in 1999 (before changes in April 2007) - therefore technically any agreement produced in court should be the original, rather than a reconstruction.

I've since dug deeper and have ascertained that this COULD be a loan she took out with Alliance and Leicester - it starts to make sense as they were taken over by Santander...

There's been no payments or acknowledgements for five years, so it won't be statute barred.

I'd welcome any thoughts as to how she stands, bearing in mind the content of the letter below.

Thanks

H. x

EDIT: I would have thought that the "legitimate reasons" that Santander mention in their letter would include proof that any alleged debt was actually owed? All seems a bit dodgy to me! If they have no way of proving it...

I think you have everything in hand.

Just keep sending the 'prove it' letter or CCA request. You cannot and will not pay anything until you have proof you owe it

well if they've got no info

then its tough luck for rocky and the drew.

pers i'd ignore then now

they have no legal powers anyhow

they do not own the debt.

phishing trip me thinks

dx

Thanks guys, pretty much what I thought.

I know people are always advised not to play "letter ping-pong" but I thought a last letter to Santander stating "no proof, no payment, further contact will be rgarded as harassment, any further responses will be charged at a rate of... etc."

That letter makes no sense whatsoever.

They have to keep all paperwork for 6 years after the account is closed (money laundering) So if it's been more than 6 years, the account is Stat barred anyways.

Tell them to bog off.

Thanks Havinastella

The following will be sent on Tuesday (12 + 2 working days)

Dear Ms. Speed,

Reference Number xxxxxxxxxxxxxxxx

Account Formally In Dispute

Thank you for your letter of 18th March 2013, confirming in writing that you have no proof of any agreement or amounts owed on the above alleged account.

As you have failed to comply with my CCA request, the above alleged account entered default as of today, 26th March 2013 and should be regarded as being formally in dispute.

For your ease of reference, you were, according to the terms defined in section 61(1) of CCA 74 and subsequent Statutory Instruments, legally obliged to send me:

“a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments.”

Please note that I do not recognise or acknowledge any debt to Santander, its subsidiaries, nor any third party that may be currently or in the future, nominated or employed by your company.

You state in your letter, “ information can only be retained for legitimate reasons.”

I’m sure you will agree that proof of any legally binding contract or any amounts owing could reasonably be considered as “legitimate” and therefore any pertinent documents would, and should have been retained.

Due to your written, stated inability to comply with my legal request, I will now expect no further contact from your company or its representatives, other than to acknowledge receipt of this letter or to confirm that the alleged account has been closed and no further action will be taken, including, but not limited to, the resale of the above account to any third party.

Any further correspondence in this matter, other than that outlined above, will be regarded as harassment and as such, any written replies will be formally invoiced to your company at my standard rate of £30 per hour, plus any reasonable expenses incurred per reply. Non payment of such will be rigorously pursued via small claims court.

A formal complaint will also be lodged with all relevant regulatory bodies should the need arise.

Yours sincerely,

Halibutt's Mate x