Santander Card/Loan

[citizenB]

Hi Biscuit,

 

I think for the present time you are in the correct forum.

 

Yes, you are correct, you are not legally obliged to provide Santander or any other creditor with such personal financial information. Only a court can order you provide this and it wouldnt be to Santander but an officer of the court who would be looking at it.

 

Do you have a current account with the Santander group ?. If so, I would be inclined to start a Basic bank account with another group.

 

I cant offer much help with your documents, so I will try and find someone who can help.

[citizenB]

From what you are saying they changed the entire account from storecard to mastercard, with a new account number to boot.. So yes, I too would be asking where is the new agreement I signed.

[citizenB]

biscuit, no you are not sending another CCA request.. you are sending a chaser asking them why they havent complied with the original request sent on ...... you can give them any time you like, but I would say, either 7 or 10 days.

 

Can you remove any identifying parts from the default notice and post it up for us to have a look at.

[citizenB]

biscuit, the notice is not compliant with the regulations in that is says

 

"To remedy this breach you must pay the arears within 14 days from receipt of this notice."

 

What happens if you didnt receive it until a week next Christmas ??. They have to put a specific date and make allowances for the method of postage.

 

ie 2 working days for 1st class

4 working days for 2nd and UK mail service.

 

Do you know if there are any charges/late payment fees in the sum they are requesting ?

[citizenB]

I am thinking it might be a good idea for you to invest £10.00 and send a Subject Access Request to Santander (or whoever) and ask for EVERYTHING they have in respect of these accounts, including statements, copy contracts, etc. You might just find something interesting

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

HTH

[citizenB]

Thanks for the advice CitizenB - think I'll do that, but will also send the letter notifying them that I'm disputing the account til they send me a correct CCA alongside it. Having read through the link that you provided, it states that I should send a £10 postal order, is there a specific reason cheques aren't mentioned? Is it a bad idea to send a cheque? Obviously there's the signature issue, but I thought of getting my partner to sign it as it's a joint account... or am I asking for trouble?

 

Thanks again.

 

No reason you shouldnt be able to send a cheque if it has been signed by someone else It is easier tracked than a postal order.

 

I think mostly, a lot of people dont have cheque books now aside from the signature issue which is why postal orders are suggested.

[citizenB]

biscuit, they are not entitled to see bank statements, bills etc. Only a court can insist on seeing those and the Bank wouldnt be privy to the information even then.

 

I havent heard of Viking Services and you are right to not speak to them on the phone. How do you know for sure that they have been asked by Santander to contact you ?

 

Until you receive a copy of the agreement, then there is no proof of liability.

 

Just one thing, are you still continuing to pay them ?

[citizenB]

Ah, right.

 

TBH, I am not quite sure what to advise you to do. Will try and get you some assistance.

[citizenB]

I've now received a letter from them in response to my SAR letter (in whch I stated that I was requesting it as I was concerned that my initial request for a copy of the original agreement only got me a copy of the agreement for the storecard account, not the mastercard account). They haven't sent me any info (or cashed my cheque) but have said that they provided the correct information in response to s78 as they only "upgraded" the account to a mastercard so this is covered under FSA guidelines. Does anyone know whether this is correct, or whether they're just trying to pull the wool over my eyes by quoting lots of legal jargon at me.

 

They are attempting to pull the wool over your eyes. The Mastercard would obviously have more benefits than the storecard ie.. You would be able to use it anywhere. Whereas the storecard would be restricted to a store or group.

 

IMHO, I dont think you should have explained WHY you wanted the SAR, it isnt necessary in any case. You may well find that you have difficulty getting them to send stuff to you now.

 

Therefore, a new agreement and terms and conditions should have been issued.. IMHO.

 

Also, the Subject Access Request is a request for ALL data pertaining to you. They do not have to provide a copy of the agreement under the DPA1998 and the ICO will not support you if they fail to provide one as part of the SAR.

 

The DPA request is independant of the CCA1974 request and shouldnt be confused.

[citizenB]

I doubt the FSA would help you:) However, you could try either the FOS or the OFT.

 

I think if there were significant changes/alterations to the prescribed terms and terms and conditions a modifying agreement SHOULD have been provided.

 

You would be able to withdraw cash on a Mastercard but not on a store card. There are significant differences.

[citizenB]

 

We have also noticed that the default notices sent by Santander did not have a resolution date on them - just stated that arrears must be paid within 14 days of receipt of the letter, which I gather is a bit naughty.

 

It certainly is:D You may never receive the letter ?

[citizenB]

Can anyone please advise what the next step is if a creditor fails to comply with a subject access request within the 40 day limit?

 

Hi ibscuits, if you sent the original request via Special or recorded delivery then you can check on the RM website and see when it was delivered. You then count 40 calendar days from the date of receipt and that is when you should have the data in your possession by.

 

If not, then you can send them a Letter before Action. This gives a further 7-14 days before which you will a) take them to court or b) make an official complaint to the Information Commissioner.

 

This is the process when you take them to court...

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/208966-me-them-sar-non.html

 

 

Short thread but successful outcome.

[citizenB]

So, Santander have taken over the accounts (both of them) from the original lender who were Debenham and Asda, is that correct ?

 

Santander will only be able to provide you with information that they have from the time they took the accounts over.

 

In which case if any of the information missing is from before the date Santander acquired the accounts you will need to request that information from the original lenders.

 

There should be something like a diary of events/ call log type sheet. This should detail everything that has happened ie if they telephoned you, letters sent, etc. If they havent kept hard copies of letters then how will they know they sent you a Letter on such and such a date ?

 

Your personal information should be recorded accurately, so if it isnt then that is a breach of the Data Protection Act. If it isnt accurate then they are not reporting it accurately.

 

So you need to ask to see some indication that they have amended your details when requested.

 

IMHO I would write back and say that no information was provided to you in December. Remember that was the time of postal disputes and very bad weather.. this information could have been lost.

 

Say they didnt cash your cheque number, dated.. so you find it strange they would have provided information without the fee.

 

Tell them you want the items they say they sent out in December - resent. You dont have that information and you want it.

 

See what happens