returned SAR with no proof of default notices

[Roys7on]

can anyone help ? ....received my SAR back from santander and cap 1 , none of them sent proof that they sent me notices of default ? is this rite ? Cap 1 said they are not obliged to send me proof of the default ?? to me thats a load of crap ! what can I say to them or what can I do about this ?

[silverfox1961]

Hi,

Unfortunately they are correct. there are no rules that force them to send defaults by recorded delivery. All they have to say is that it was issued.

 

Have a look at the screenshots of your account history to see if anything is there

[harrassed senior]

I understand that they are templated and they just 'run' a print/merge every so often, so no copy is generated, but, I would have thought that a note would have been made somewhere in their files.

[vjohn82]

Agreed; there must be a reference to it on the print out.

 

Furthermore, a default can only be applied to the account a max. of 6 months after the first non-payment date. Check the date on your CF and then check how many payments were missed.

 

If the dates are out then you have a case.

[silverfox1961]

 

Furthermore, a default can only be applied to the account a max. of 6 months after the first non-payment date.

.

 

Unless you are CitiFinancial. They don't follow the same rules as the rest.

(7 months in my case)

[vjohn82]

Unless you are CitiFinancial. They don't follow the same rules as the rest.

(7 months in my case)

 

Tell them to amend it then ;-)

[pompeyfaith]

whilst the above is true they do have to fully comply with your request and that should include a log of all activity on your account whether by you or them

 

This log will give a date the DN was issued