Advice to remove default notice from Santander

[MarkE123]

Hi all,

 

A little advice from you experts would be greatly appreciated.

Short story.....

 

Just before Xmas last year, when engineering was in decline, I knew that we had a temporary shortfall of work coming up (for the 1st time in 10 years I have worked there).

I proactivley contacted my bank , Santander (Was Abbey back then), explaining the pending shortfall of work and asked for help whilst my payments were still up to date, such as a repayment holiday (My partner banks with Lloyds TSB and they give her an entitlement to one a year).

I explained it was only temporary and anything they could suggest would be greatfully received.

However, they point blank refused to listen.

 

Subsequently I missed 3 months payments, but kept talking to the bank through this time, explaining how I tried to proavtivley solve the matter and how they refused to offer assitance.

 

Anyway after three missed payments the banks collections department contacted me and were super helpful! They gave me a new loan for the balance outstanding plus pay off the arrears at a much improved rate of 6.9%. Great I thought, but if they did this in 1st place I would never have been in the situation!

 

So all that is hunky dory, been paying new payments ever since which are now less than half what they were before! (From £250 to £99 per month).

 

However, recently discovered during a credit file check I was issued a DN:mad2:

 

I know for fact, I was not warned of a pending DN and that I have never been advised from the bank they had isued a DN.

 

What should be my first step please? Do I really need a SAR?

 

Thanks in advance.

[MarkE123]

Dont know how true but during the credit check when I discovered the DN, I was advised that it is normally nearer 6 months arrears before issue and also usually if you ignore their calls and letters, which I never ignored on a single occasion.

[craigers]

sar them. ask for a copy of the default notice and ask when and how it was sent to you. is this a credit card, overdraft, or loan?

[MarkE123]

Sorry missed the key info!

 

This was a personal unprotected loan.

[craigers]

definately sar them. ask for a copy of the signed agreement, the t&cs at account opening and as varied, a copy of the default notice, details of when and how the default notice was dispatched. are there any unlawful charges or mis-sold ppi?

[MarkE123]

I dont see what a SAR will do as others report lately that if their computer says they sent it, I cant do anything about it. They dont need proof I received it, just that they sent it, so SAR would not guarantee me anything. Is this true? (I def. didnt get one)

 

There were no unlawful charges, never had a bank charge in my life, but this has my credit score/file ruined for the next 6 years and Im desperate for a new car for work.

 

I was not mis-sold ppi as I wanted it at the time and read all t&c's and agreed to them.

 

Would arranging an appointment with my branch manager be worth any effort at all? Surely they can see my money management has always been fine except this one occasion, which I seen coming and tried to resolve before it became a problem. And this debt was settled immediatley after the three missed payments and my accounts are back in fine order as they always have been.

[craigers]

i would still sar them. find out if the agreement is enforceable. if its unenforceable then you have a bargaining tool- say you'll pay the debt on condition the default is removed. find out the date the default notice was allegedly sent, and how it was allegedly sent. if they have defaulted too soon then the default is invalid and they have unlawfully rescinded the contract.