Santander Default - No response - next steps anyone??

[ebonym]

Hi,

 

I need to have the default wiped - my payment history is perfect apart from this and I'm paying through the nose for credit when I should be entitled to much cheaper rates (see detail below, they didn't notify me and went back on a verbal agreement). So I sent a new letter giving them 14 days to produce the credit agreement and the original default notice - it's 14 days. What do I do next? I threatened to go to the Ombudsman (don't know if that's the best route though). Do I now go to the information comissioner, or to court?

 

I also need them to compensate me - I've been denied credit at more favourable terms because of this default. Both the APR's on my credit cards are about 30% - prior to the default, I used to get accepted for 0% deals no problem... I want to be compensated as well as to have the default removed - it's only fair

 

 

-------history if you're interested-------

I wrote a letter in relation to a default which Abbey put on my credit back in 2005. I had the money to pay, but then an unexpected turn of events meant that I needed a bit more time to pay. I called them and they agreed I could clear my overdraft in six weeks time and they said they wouldn't default me. (I made doubly sure that I wouldn't get defaulted, as if there was any danger of a default, then I would have simply bit the bullet and paid up then and there - I just needed to buy myself a little extra time). I duly paid up in 6 weeks as promised. Checked my credit file 6 months later after I was refused credit and found they had indeed defaulted me (marked settled) without notifying me and also they had gone back on our arrangement (made over the phone). Tried unsuccessfully to have them look into my case and remove the default in 2006, but they weren't listening, so I gave up...

[dx100uk]

i doubt a single default to make that much diff esp as its settled.

 

if its 2005 then not long to wait till 6yrs.

 

your issue is with a telephone call , if they have no log then you are

stuffed

 

dx

[ebonym]

Hi dx,

 

Thanks for the response - seriously the default is really affecting my rating - I'm rated poor, when there is nothing but zero's (payments made on time) on my experian credit report. I kid you not, the only thing that is "off" is this default...

 

Point taken about the telephone log and that I haven't got much longer to wait for the default to clear but I'm suffering cause I'm paying hundreds of pounds in interest each month which I could convert to little or nothing if I could actually pass a credit check!!

 

I'm still going to try though... If I can get some money back where their default has cost me extra, then I'm ready to give this a go.

[dx100uk]

you are on voters correctly aren't you.

i would expect one default [late payment marker] to only cost you about 50 points or less

 

even if it were a full blown default notice it should not make you 'poor'

esp as its settled

 

something not right here......

 

dx

[ebonym]

Yes dx - I'm on the electoral roll correctly. I've moved twice in the past year, but have always notified the council of my new address within 1 month of moving.

 

You're right though - it does seem really harsh, so I'm going to check what's on file for all of the agencies - you're really getting me thinking here:-D. Something comes to mind though - at the last property I rented, there were two former tenants who lived there who'd run up really high bills resulting in judgements, I accidentally opened one of them as I couldn't see the addressee... Can this count against me just because I lived at the same address?

 

Saying that - I only lived there for one year - 2008-2009 so it wouldn't explain why I had a poor rating in 2006, though!

Edited February 16, 2010 by ebonym

[dx100uk]

oh yes it would

 

look under linked addresses and financial associations

 

dx

[ebonym]

Thanks dx - you've been really helpful... I'm off to check it all out right now. I'm a bit nervous now because we had a really dodgy landlord (another tale entirely!). We became suspicious that he'd been behind many of these ccj's defaults etc. We kept having people coming round from the county court. They left us alone once we explained we'd just moved in recently and didn't know the debtors... Also we asked for new blinds for the property, which the landlord eventually agreed to - 5 months later then we get people turning up from court on behalf of a blinds company looking for payment - the blinds needless to say were not bought in the name of our landlord...

 

Makes me wonder what they've got on file now...

[ebonym]

Hi,

 

I need to have the default wiped - my payment history is perfect apart from this and I'm paying through the nose for credit when I should be entitled to much cheaper rates (see detail below, they didn't notify me and went back on a verbal agreement). So I sent a new letter giving them 14 days to produce the credit agreement and the original default notice - it's 14 days. What do I do next? I threatened to go to the Ombudsman (don't know if that's the best route though). Do I now go to the information comissioner, or to court?

 

 

Can someone help me? With my original question? Where next please Abbey haven't responded to my letter? Do I write to them again, or simply head to the Ombudsman or the commissioner or the courts?:-?

 

Thanks in advance

[dx100uk]

well thats one for the CRA's, i think there is a FAQ on it, about bad previous owners bring your CRA down

have a look or write to them.

you should NOT be suffering because of this!!

 

dx

[ebonym]

My credit file is fine (apart from default, there's just one late payment where I forgot to pay my credit card bill, wasn't being dishonest, I genuinely forgot) I'm now classed as fair, rather than poor, which is better than when I discovered the default in 2006, but still not good enough. Before the default I was rated good...

 

My last address is linked to me, which I'm told is right, but there are no persons listed in Financial associations, so I'm pretty confident I've not been tarred with the same brush as the previous occupants of the rented property I used to live in.8-) Just waiting for ID verification from the other CRA so I can check that file too...

 

Got a letter from Santander to say they care and they're looking into my complaint. We'll see what they say - they've got until 30th March to respond.

[dx100uk]

dx

[ebonym]

Update:

I'm a bit stuck and not sure how to respond and move this on....

 

I sent the following letter on 1st February:

 

Dear Sir or Madam,

 

After obtaining a copy of my credit file from Equifax I was concerned to note that your company has placed a “Default” notice against an account in my name. Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee, cheque number 100246.

2. You must supply me with a signed true and certified copy of the original default notice

I would request that this data is provided to me within the next 14 days, if you are unable to provide this data then I must insist that the default is removed from my files as unsubstantiated.

 

Should you fail to respond within 14 days I will be contacting the Financial Ombudsman to assist me in taking this matter to full resolution, along with requesting them to consider the additional costs I have incurred as a result of the unlawful application of said default.

 

Here's the response received 01st March - way beyond my deadline too:

 

Thank you for your recent letter about default information registered against your account.

 

Although authorised overdrafts are regulated by the Consumer Credit Act. Santander does not need a signed agreement from you in order to give you an overdraft facility. I am therefore unable to provide you with a copy, but I have enclosed a copy of the Santander Account terms and conditions.

(No they haven't sent the T's & C's - apart from my returned cheque and this one page letter, the envelope was empty. Also are they right that they don't need a signed agreement in order to give me an overdraft facility, or is this nonsense:-?)

 

Your account was closed on the 12th December 2005. If you would like us to investigate this any further I would suggest that you forward a copy of your Equifax report and we can pass it on to the appropriate department.

(No problem, I have the report from 2006 and a more up-to-date report, which I can send them)

 

 

Also as you appear to have now moved since your account was closed, we would need ID from you and also if possible proof of ownership of the account.(I can send ID, no problem but I can't find any statements etc)

I have also returned your £1 cheque.

 

I realise my reply may be disappointing, if you have any further queries please do not hesitate to contact us using the telephone number detailed above.

 

Yours Sincerely,

 

You will notice their response totally ignores my request for a "certified copy of the original default notice" How do I respond to this letter and does anyone know if it's right they don't need a copy of the signed agreement for an overdraft?.

[dx100uk]

yep overdrafts are not covered by CCA

 

i would take them up on their offer.

 

dx

[ebonym]

Thank you Dx. I'm going to have a think and then draft a letter.

 

Why is an overdraft regulated by the CCA, yet they say they don't have to provide me with a signed agreement in order to give me an overdraft?? I don't understand this

 

Can someone give me a second opinion - is this right?

 

Responses much appreciated - I always click your scales if you're helpful :grin:

[dx100uk]

o/d's are not covered by the CCA.

 

dx

[charmainemurphy200]

I have a similar problem, I opened my account in 2003 as a 16-18 account, once I turned 18 they transferred it to a current account, I did not sign any sort of agreement for this neither do I remember giving them consent to transfer my account.

Late 2006, my account was -9.00 and abbey continously charged me until I gave up and refused to respond, I ended up with £250.00 worth of charges which I refused to pay (big mistake). Abbey have defaulted me for these charges. I have sent them the letter asking for the defaults to be removed and to provide me with a 'certified copy of the original default copy' however all they have sent me is the agreement I signed when I was 17 and no default notice, they did not even send a covering letter explaining why they could not produce the default notice. Any help and advice appreciated.

 

Thanks in advance

 

Charmaine

[dx100uk]

I have a similar problem, I opened my account in 2003 as a 16-18 account, once I turned 18 they transferred it to a current account, I did not sign any sort of agreement for this neither do I remember giving them consent to transfer my account.

Late 2006, my account was -9.00 and abbey continously charged me until I gave up and refused to respond, I ended up with £250.00 worth of charges which I refused to pay (big mistake). Abbey have defaulted me for these charges. I have sent them the letter asking for the defaults to be removed and to provide me with a 'certified copy of the original default copy' however all they have sent me is the agreement I signed when I was 17 and no default notice, they did not even send a covering letter explaining why they could not produce the default notice. Any help and advice appreciated.

 

Thanks in advance

 

Charmaine

 

you need to start your own thread

 

dx

[charmainemurphy200]

Sorry I have no idea how to do so

[dx100uk]

click on the underlined forum title above this thread

then hit new thread button on the left.

 

dx

[ebonym]

I applied for a full subject access request to see if there was anything on my file which would substantiate the conversation I had with them when I reached the agreement to pay in November. Oh my there's so much information. I had a good read and think they have contradicted themselves somewhat - (unfortunately as I was wading through the docs I had a phonecall to say my grandfather had died and it's all been a bit of a blur since then.

 

One of the letters they enclosed is the useless response they gave when they fobbed me off 4 years ago. It says that the request for a £250 overdraft was declined, (if you remember from my account the member of staff told me they had asked for a £250 overdraft which would mean I was only £250 over my limit which was too little for action to be taken against me). However other documents state that there was a £250 unauthorised overdraft facility approved.

 

What on earth is an unauthorised overdraft facility??- either you have an authorised overdraft of £250 (which they said I did) or you don't!! It sounds like the guy I spoke to although very nice did not really know what he was doing and really hurt my credit as a result...

 

I think I'm onto something here, but there's so, so much information - how do I pull this together and get them to admit there's been misinformation here and remove the default?

 

Thanks in advance!