Santander Overdraft

[KarenSlater102]

Hi, my first time on here so please be gentle....

 

i need a little advice in that I sent off a SARS request for 2 Overdraft accounts that are now defaulted with Santander, however they have responded on both to say that the accounts were not regulated by the Consumer Credit Act and therefore does not have a credit agreement...is this correct??

 

Also reading my credit report for the first time and I have alerts for an overdraft and an unsecured loan that shows the Current Balance as Settled but a default status of 8, and the report shows as both being default with an outstanding balance??

 

Any help/guidance would be appreciated

 

Thanks

[filrobbo]

Have you had a Loan?. Regarding the SAR ,they have 40days in which to reply if they don't you can report them to ICO and the FOS .

[KarenSlater102]

In Respect of the SAR on the current accounts they are saying that they are not regulated by Consumer Credit Act so there are no Credit Agreements, I just need to know if this is the case or not?

 

I did have an Unsecured Loan with them but just confused that the alert says Balance as Settled but with Default status and credit report shows a balance still outstanding with Default status...

[AndyOrch]

Hi Karen and welcome to CAG

 

DSARS are for DATA including O/Ds and Overdrafts are covered by the CCA1974 except for pt V...so if you sent a request for a copy of the agreement using a section 77 request they would be correct but you asked for DATA which is not the same (DSARS do not provide a copy of any agreements). You are after statements not agreements?

 

 

Regards

 

Andy

[KarenSlater102]

Hi, sorry but not totally au fait with all of this we sent of a request asking for them to supply a copy of the agreement, full statement of account, a signed copy of deed of assignment, a copy of any other documentation, they have responded saying that it is not covered by cca so therefore does not have a credit agreement but have not supplied anything else either.

[KarenSlater102]

We have also sent off the same letter to Argos but they have responded saying that we need to send off £10.00 administration fee per account - is that correct/the norm?

[AndyOrch]

Hi, sorry but not totally au fait with all of this we sent of a request asking for them to supply a copy of the agreement, full statement of account, a signed copy of deed of assignment, a copy of any other documentation, they have responded saying that it is not covered by cca so therefore does not have a credit agreement but have not supplied anything else either.

 

The only request you can make with regards to Overdrafts is a DSAR...you cannot request a copy of the agreement as there are none.

 

Why have you asked for a copy of the assignment if the O/D is still with Santander...you only request that document once a summons has been issued against you.

[AndyOrch]

We have also sent off the same letter to Argos but they have responded saying that we need to send off £10.00 administration fee per account - is that correct/the norm?

 

Yes that is the fee for a DSAR

[filrobbo]

Are you trying to find out what products and accounts you have had with Santander.