Hoist/? Claimform 2008 abbey credit card 'debt'

[caro]

A default notice can be 2 or 3 months after the cause of action but other than that you can forget it.

[Feelingdownandout]

Hi Caro!

 

So am I correct in saying that an account that has has no financial activity (albeit a default notice issued) could be classed as SB after 6 years of inactivity / admittance of liability?

[oleg]

Yes, most probably. But why don't you tell us what the letter is that is obviously exercising you and provide potted history for context?

[caro]

Hi Caro!

 

So am I correct in saying that an account that has has no financial activity (albeit a default notice issued) could be classed as SB after 6 years of inactivity / admittance of liability?

 

Depends when the DN was. As Oleg says, tell us the story.

 

(Nice to see you btw )

[Feelingdownandout]

a very old debt to Santander, cc that was taken in 2008, hubby fell behind in payments.

 

Debt then got passed around several times.

 

We heard nothing for months and months besides the occasional statement.

 

Then out the blue hubby gets a letter front Santander saying they sold the debt to hoist

 

(I have read the recent article in Credit Today)

 

they now demanding money!

 

I'm worried about it, they have sent a Notice of Assignment. Addressed to hubby from hoist. Telling him to contact Robinson way.....

[dx100uk]

send them a CCA request.

 

 

dx

[SabreSheep]

Type of debt please. Credit card, Overdraft, Loan, Contacts shaved into a sheep?

[Feelingdownandout]

It's a credit card. And we did the cca request when it was first passed to a dca. It went away for a while. Now it's back. I will dig out old papers....

[SabreSheep]

any ppi or penalty charges on that?

[Feelingdownandout]

Loads of charges!

[SabreSheep]

http://www.consumeractiongroup.co.uk/forum/showthread.php?423713-Barclaycard-Link

 

have a read

[Feelingdownandout]

I've had a read, well done to you.

 

You are clearly a very bright person to have learned so much over the time and stand your position.

 

Can someone remind me what an in enforceable credit agreement is?

 

Also,

just looking through the old papers on thus account,

 

I notice that there was a credt of £10 added to the account in January 2011.

 

It is for 'CO-EXISTENCE COLLECTIONS IN DEFAULT',

 

any ideas as to what that is?

 

*unenforceable

 

Update folks. This has reared its head again...

[SabreSheep]

Everything i learned came from this site

 

Im not an expert on enforceable agreements. There are people here that are.

 

Have you ever done a Subject Access Request around that time.

 

Iwould be investigating that payment

 

 

I've had a read, well done to you. You are clearly a very bright person to have learned so much over the time and stand your position.

 

Can someone remind me what an in enforceable credit agreement is?

 

Also, just looking through the old papers on thus account, I notice that there was a credt of £10 added to the account in January 2011. It is for 'CO-EXISTENCE COLLECTIONS IN DEFAULT', any ideas as to what that is?

[dx100uk]

if you have the statements get a reclaim going

 

 

and post up the agreement if you have it

 

 

dx

[Feelingdownandout]

Everything i learned came from this site

 

Im not an expert on enforceable agreements. There are people here that are.

 

Have you ever done a Subject Access Request around that time.

 

Iwould be investigating that payment

 

 

 

We used to have a joint account with Santander but it defaulted due to an overdraft in May 2009 and the account was classed as 'satisfied' in January 2010. So no doing there

 

We also have a mortgage with Santander but nothing been added to that at that time, so very strange....

[dx100uk]

and what have you had

 

 

a silly threat-o-gram

 

 

dx

[Feelingdownandout]

We did a SAR in 2010, it showed nothing untoward, however on reading the paperwork they did not send a copy of the original cca, only a blank copy. When re reading the letter it said this

 

"Historical information can only be retained if there is a legitimate reason for possessing the data in accordance with the rights of an individual. Therefore, due to the time elapsed some of the original account records may have been destroyed in line with our detentions policy. ".

 

This letter was dated December 2010.

 

if you have the statements get a reclaim going

 

 

and post up the agreement if you have it

 

 

dx

 

 

Will do. Just taking pictures now

 

Have a bit of duplication on the go. (Sorry)

 

 

Re: SB'd? - OH's santander card now sold to Hoist, robbersway chasing

 

PDF of CCA attached

[dx100uk]

threads merged

 

 

dx

[citizenB]

a very old debt to Santander, cc that was taken in 2008, hubby fell behind in payments.

 

 

Debt then got passed around several times.

 

 

We heard nothing for months and months besides the occasional statement.

 

 

Then out the blue hubby gets a letter front Santander saying they sold the debt to hoist

 

 

(I have read the recent article in Credit Today)

 

 

they now demanding money!

 

We did a SAR in 2010, it showed nothing untoward, however on reading the paperwork they did not send a copy of the original cca, only a blank copy. When re reading the letter it said this

 

"Historical information can only be retained if there is a legitimate reason for possessing the data in accordance with the rights of an individual. Therefore, due to the time elapsed some of the original account records may have been destroyed in line with our detentions policy. ".

 

This letter was dated December 2010.

 

If you only opened the account in 2008 - then I think you are not going to be able to go the unenforceable route. There were changes made to the regulations in 2008.

 

However, their response to your SAR request is disingenuous. They are to retain data for 6 years at a minimum unless there is a reason for NOT doing so.

 

I find it very odd that they did not have a copy of an agreement that was entered into in 2008 if your request was made just 2 years later ?

[citizenB]

What article in Credit Today are you referring to ?

[Feelingdownandout]

What article in Credit Today are you referring to ?

 

There was an articel in Credit Today where it reported that Santander have re-entered the debt selling market again, and have sold debts to Hoist, a very interesting read.

 

The sale took place on 15 October 2014

 

What article in Credit Today are you referring to ?

 

http://www.credittoday.co.uk/article/17468/online-news/santander-returns-to-debt-sale-rbs-to-stay-out

 

I've had a thought, and I believe the £10 credit that appears to be levied against the account was the SAR payment!!

 

In the SAR pack should there have been a copy of the default notice?. As it seems that we don't have one?

[dx100uk]

I thought that's what you realised earlier...

 

 

there is no remit for a DN copy

all they have to do is note one was ent in say the account or comms log.

 

 

dx

[SabreSheep]

I certanly made the suggesiton earlier that you now write a formal letter of complaint to the head office of the firm that says the account received a payment.

You want them to provide proof of the transaction

Where it came from

Who Authorised it.

When it was paid

How was it paid.

 

If it is the SAR you can order them to reverse the transaction on the basis the money was not allowed to be assigned to the account. Effectively by doing that they reset the SB clock which MUST be challenged.

 

I would be also asking for later data. Threatening them with ICO for withholding data.

[citizenB]

I've had a thought, and I believe the £10 credit that appears to be levied against the account was the SAR payment!!

 

This is something that happens regularly. If you can pin it down to the statutory fee for the SAR, then that cannot be used as a credit to the account (from you) - it is an unsolicited gift from the creditor.

 

In the SAR pack should there have been a copy of the default notice?. As it seems that we don't have one?

 

No - however, there should be a record of it having been sent on the communication log/diary of events.

[Feelingdownandout]

I. Going to check the logs again that they resent me, in some comms they refer to the default notice but we don't have it. Yet I have everything else? Odd but not improbable.

 

With regards to the complaint letter I will set about that this pm and will post back for comment. Am I correct in thinking that this debt will become SB from the date of the last financial transaction plus 6 years? As I need to look into this. The cc was taken out in May 2008, so I need to find out when the last payment was made, this has the potential to be SB very soon....

 

I thought that's what you realised earlier...

 

 

there is no remit for a DN copy

all they have to do is note one was ent in say the account or comms log.

 

 

dx

 

 

Thanks dx

 

This is something that happens regularly. If you can pin it down to the statutory fee for the SAR, then that cannot be used as a credit to the account (from you) - it is an unsolicited gift from the creditor.

 

 

 

No - however, there should be a record of it having been sent on the communication log/diary of events.

 

I'm going to check the paperwork again, and will post back the timeframe. I suspect they are hoping by crediting the account by £10, they have reset the clock.

 

What if they refuse to remove the transaction?