Santader current account in dafault due to unpaid direct debits. Can it be removed?

[karky]

Hi

 

I'm looking for some help with a bit of a sticky situation I am in. I'll try to be as brief as possible.

 

I'm looking to get a mortgage, and have an excellent credit report apart from this one blip from Santander which is resulting in me being rejected.

 

I originally opened an account with Alliance & Leicester in 2010 which was sold to Santander. It was an account I didnt use much, just to pay a few direct debits.

 

2 or 3 direct debits returned unpaid, so Santander hit me with around £100 worth of charges. I was a bit annoyed by this so decided to just stop using the account and ignored it. Now to my knowledge I never received a notice of default despite them claiming that it was sent.

 

Santander defaulted the account on 19/7/11 with an unpaid amount of £415, all made up of charges which I thought was extortionate. I wasn't really bothered as I wasn't planning on getting a mortgage etc and didn't really realise how it would affect me further down the line!

 

I have since been in contact with them and have offered to settle it if they remove the default, but they are refusing to do so as they believe all of the charges where correct.

 

What I am really looking for is advice on how I can get it removed. Obviously tried to negotiation with them, and explaining the circumstances but they refuse to budge.

 

Is there a way that I can look into wheter they have handled the account incorrectly, or is there something I can argue that I signed T&C's as and Alliance & Leicester customer, not Santander?

 

I'm just hoping that someone has a way of getting it removed on a 'technicality'.

 

Also, would it benefit my credit report if it was settled. As I understand it will be there for 6 years anyway, and a default effects your credit file whether settled or not.

 

Thanks in advance for any help.

 

Michael

[BankFodder]

Having it marked as settled might help you but you should discuss it with a mortgage broker.

 

The bank will never repair your credit file unless you challenge the lawfulness of the default.

 

In order to do this you would probably have to sue under BCOB in the county court and show that they acted unfairly.

Was your account a basic account?

[karky]

Thanks for the reply.

 

Yes the account was just a basic account to pay a number of direct debits.

[dx100uk]

def worth a bcobs letter

 

read here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?353395-Letter-to-send-if-you-are-being-charged-bank-fees-whilst-on-benefits

 

adapt to suit

 

dx

[karky]

Ok thanks

 

I will give that a go!

[Durkin]

Hi Karky,

 

Your problem will become more and more common as we come out of recession.

 

Santander can exercise discretionary power to remove the default but refuse to do so. House prices will be rising again soon and you'll be stung for the difference. You might even be in a position, as I was, that you can't afford the same house!

 

Bankers are being malicious, still. The government refuses to jail them.

 

Yes, in your case, they're technically correct (especially if they can provide the default notice) but bankers really do need to start showing some heart.

 

Tell your MP. See what they suggest. This is going to be a massive problem.

 

I understand a settled default is just as bad as a default. The computers seem unable to distinguish between the two.

 

In 6 years time though, house prices for example might double say. Santander know this but choose to screw you because they can. It's a disgrace. Morals need to be found fast.

 

Good luck.

 

Richard.

[karky]

Hi

 

Thanks for all the replies regarding this issue. So far I have had no luck with the BCOBS letter with Santander.

 

As I initially opened an account with A&L and not Santander, I was wondering whether it would be possible to get the default removed on a technicality if Santander were unable to provide me with the original credit agreement that I agreed to with A&L.

 

So reading up through the forums I am unsure whether I need to send a CCA request or a SAR. Can anybody help me and advise me on which letter is more effective and suited to my needs.

 

Thanks

in advance

 

Michael

[dx100uk]

matters not if/if not they hold a cca they can still mark

 

I cant see why they cannot remove it

 

what did you send and what did you get in reply?

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[karky]

I can't believe a company can mark your credit file if you don't have a credit agreement with them. I only opened the account to make direct debit payments, not for any type of overdraft or credit.

 

I sent the BCOBS letter citing financial hardship at the time on the 15th Feb, but am yet to receive a reply so just assumed that they ignored the letter.

[BankFodder]

People had better start realising that a "BCOBS letter" will have absolutely no effect on anyone.

 

Only a BCOBS county court claim will start to have the required effect - followed by a BCOBS judgment.

 

It's up to you but if it is important enough then you should be ready to take the necessary action.

 

In this case, you would be complaining that they levied extortionate charges in respect of bounced DDs where there was no service provided nor any discernible benefit.

That they failed to send you a default notice

[Old Cogger]

People had better start realising that a "BCOBS letter" will have absolutely no effect on anyone.

 

Only a BCOBS county court claim will start to have the required effect - followed by a BCOBS judgment.

 

It's up to you but if it is important enough then you should be ready to take the necessary action.

 

In this case, you would be complaining that they levied extortionate charges in respect of bounced DDs where there was no service provided nor any discernible benefit.

That they failed to send you a default notice

 

This seems to be the way the Banks etc are operatingas usual, ignoring BCOBS, so a final letter before action giving 7 days to respond, if not county court claim, keep it low (as cost if loose), but only threaten if you carry out threat.

[karky]

In trying to get it removed, I sent a letter asking to see the original copy of the credit agreement, and a copy of the default notice which I did not receive. (Letter and reply will be attached via weblink at bottom).

 

Santander replied to this letter replying that this account was not regulated by the consumer credit act, therefore does not have a credit agreement.

 

How is it then that if I have no "CREDIT" agreement that they can make my "CREDIT" file? This makes no sense at all. Are they allowed to do this?

 

Can anybody give me any advice on what I should reply back with? Should I demand that as there is not credit agreement that the default notice should be removed from my file?

 

I appreciate all help with this matter as it is stopping me from getting a mortgage on my otherwise unblemished credit file!

 

Michael

 

AS A NEW USER HOW CAN I POST LINKS TO THE LETTERS?

[dx100uk]

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[karky]

Hi I can't find the "manage attachments" below the go advanced msg box

[dx100uk]

ipad/iphone?

 

dx

[karky]

No I am using a mac, with Safari.

[dx100uk]

we sometimes see this happening.

 

you'll have to use photobucket or alike

 

dx