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Santander non compliant default notice


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Hi,

New to the site so please bear with me while I find my way around.

 

Having some major issues with Santander cards & would appreciate some advice. My question is this:

 

Can someone advise me as to when a letter of intention to file a default is sent "along with" a formal default notice,

should the "actual default notice" still be fully compliant with the consumer credit act & contain all the prescribed terms?

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:welcome:

When did you take out Satansbank card?

 

How much is it?

 

What exactly have they sent you?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi, 2009 I think ill have to check. Situation is this:

 

I was off work with a long term illness which Santander were completely aware of & they suspended collections for up to 9 months. At around the 6 month point I contacted them to let them know I was back to work but as i'm self employed was unsure how quickly work would pick up again & that I may be able to clear the arrears quite quickly or may have to consider a reduced payment arrangement. They agreed to give me 30 days breathing space to consider this.

 

I hadn't received any default notice & they didn't ask me during that call whether I had. All they said was that "if" I needed a reduced payment arrangement then that wouldn't be sufficient to prevent me from defaulting & that I would have to clear the arrears for that. They didn't advise me when I would default during that call or the following letter confirming the 30 days grace.

 

I phoned them within the 30 days to pay the arrears as my work had picked back up, they told me I had already defaulted but to pay the arrears & I could go back to my monthly payments, but I would have to put in a complaint about the unfair registering of the default, which I did.

 

Since then ive been through a long drawn out complaints procedure (waste of time). I have issued the CCA request, requested a copy of the original default notice I never received, sent a section 10 notice to the data protection team & yesterday a SAR.

 

I'm convinced a default notice was never sent although they say it was along with a letter of intention. If it was sent it was never received & I feel that all the stalling must be because it is non compliant.

 

Any thoughts?

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Oh the balance is now £4100 as they took the full arrears payment in July. Also the account had already been passed to Fredricksons before I made the arrears payment as they couldn't find the account on screen. Received a letter from Fredricksons weeks afterwards saying they were "collecting on behalf of Santander" which showed my arrears payment to "fredricksons account". Checked my CRA files & one showed as settled no default, the other defaulted & satisfied.

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Also I phoned them & informed them I couldn't make any further payments as my credit files suggested the account had been sold & that until I was given written confirmation of the full status of the account it would remain so. During that call I was passed to a different department & they actually changed my credit files from settled to showing a balance while I was on the phone. I have hard copies of my files showing these changes.

 

Santander verbally deny ever closing, terminating or selling the account or debt. They claim the "account" has now been re-called from Fredrickson International.

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Am I right in thinking that if a "standard default notice" ; one that is computer generated allegedly under the act, which is not completed & manually adjusted with all the prescribed terms (being specified default date, specified amount, action which they intend to take, account number, date of notice, Creditor & debtors details, accompanying OFT sheet etc etc.... completely defective) is sent alongside a letter of intention to file a default (which is in no way covered by the consumer credit act) then the creditor has failed in its statutory duty to serve a lawful document under the act & that any perceived default applied is then also unlawful & that the creditor would be in breach of the original agreement in pursuing the full balance of said strictly regulated agreement?

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