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llewelyn

Santandar defaulted on cca request...I think!

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Hi

 

Hope some one can help me on this.

 

I sent santandar a CCA request for a credit card.

 

They've responded by saying that they do not hold a signed copy as it was an online application and have sent me terms and conditions.

 

Can i send them the default notice now are they in default?

 

Can they enforce this now as they have no signed agreement.

 

Many many thanks in advance...LLew

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When was the account taken out before or after 2007?

Was it an online application?

They should have a copy of the online application.

 

Being Santander they are not clever with keeping records

 

What are you hoping to achieve?

 

FS

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Hi FS

 

Thanks for your rely...I think it was taken after 2007 but cant remember..it was originaly and Alliance & Leicester card.

 

It would have been an online application and the T & C s they've sent are Santandar terms

 

I want to achieve them no longer chasing me for payment

 

Thanks again for your reply..llew

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I would suggest a SAR is the next move, a ''reconstituted'' agreement MUST have the following details:

 

1. Your name and address at the inception of the agreement.

2 As above for the creditor.

3.The exact terms and conditions as at the inception of the agreement.

4. ALL amendments/additions etc to the Ts &CSs during the life of the agreement.

5. The Ts & Cs in force at the termination of the agreement.

 

The interest rates must be those relevant to the agreement through out the life of the agreement.

 

So if the Ts & Cs you have received are not as above you can reject it as not compliant and place the account in dispute.

 

In this situation IF they supply a compliant recon and proof of use of the credit facility it would fall to a judge to decide the validity of the claim.


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llewelyn Fine your info has given us a clue to the way forward and Brig2JCS has given you the way to proceed SAR,and most definitely the T&Cs as applicable when you took out the credit card with Alliance & L,the current Santander T&Cs are not acceptable in response to your CCA request

 

Regards FS

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Thanks for the replies..I'm a little unclear on what to do next. Can i send them the default notice as they've not complied? ID it then up to them to send the correct documents to me?

 

Kind regards..Lllew

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Yes you can send them a default notice and also inform them that the T&Cs do not comply with your CCA request,however the end result will be the correct T&Cs and more than likely a reconstituted agreement. Brigadier2JCS has indicated exactly what the recon agreement must contain.

 

You stated that the end result you want to achieve is to stop them chasing you for payment.Are you making any payments each month?Or do you have an agreed payment plan in place?

 

FS

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IF no agreement or compliant recon is provided the account is put into dispute (not default) failure to comply with a CCA request means that the debt cannot be enforced in court BUT the DCA/Creditor can use all means short of court action to collect the debt.

 

So you need to get that SAR done asap.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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