Overdraft, Penalty Charges & Statute Barred

[drob]

I had an authorised overdraft with the Abbey National (Now Santander) the account also has charges which i tried to reclaim however I missed out due to the OFT test case

 

The Abbey closed the account as retaliation when they found out I was trying to reclaim charges on my account. The Abbey National registered a default which has now dropped off my credit reports.

 

I have not acknowledged the alleged debt for over 6 years despite every now and again I received a sums in arrears notice.

 

Today I received a letter from Santander informing me that they are passing my account for collection to Robinson Way.

 

As I have not acknowledged the alleged debt for over 6 years nor made any payment as I disputed the outstanding amount. Is this now Statute Barred?

 

Any advice on how to respond would be greatly appreciated.

[sequenci]

Hello there, can you remember when the account was closed? The 6 years would have run from around that point. Given what you've said it appears to be likely that the debt is statute barred.

 

- Seq.

[silverfox1961]

Hi

I would wait for the letter from Robbers Way, send a 'prove it' (just to make sure of the last transaction is definitely over 6 years) then slap them with the SB and watch them scuttle away with their tails between their legs

[drob]

Hello there, can you remember when the account was closed? The 6 years would have run from around that point. Given what you've said it appears to be likely that the debt is statute barred.

 

- Seq.

 

Hi sequenci ... I am not a 100% sure as to when Abbey National closed my account. I have a box file in the loft of all of the paperwork so I will have a look over the weekend but I am sure they closed the account before they issued a default.

[drob]

Hi

I would wait for the letter from Robbers Way, send a 'prove it' (just to make sure of the last transaction is definitely over 6 years) then slap them with the SB and watch them scuttle away with their tails between their legs

 

Hi silverfox1961, I will wait until Robbers Way contact me (I'm sure it wont be long). I am 100% sure that the last transaction is over 6 years ago.

[drob]

I received a letter from Robinson Way this morning....

 

Dear drob

 

Your account details have been passed to us by our client, Santander to manage your account on their behalf ... blah blah blah

 

Should I send a prove it letter or statute barred letter?

[havinastella]

Prove it.

 

Just gives you a few extra days to add to the time

[drob]

Prove it.

 

Just gives you a few extra days to add to the time

 

Thank you havinastella

[silverfox1961]

And don't forget the all important,

 

"I acknowledge no debt to you nor any company you claim to represent."

[drob]

UPDATE...

 

Robinson Way have failed to respond to my prove it letters and have continued to send out further demands and are now threatening doorstep collection.

 

I sent RW another letter informing them that they have not responded to previous requests and have told them not to bother sending a doorstep agent to my house. RW have responded today with a very short but sweet letter......

 

 

 

Dear drob

 

Thank you for your recent correspondence. Your internet based template has no foundation or relevance to the debt you owe. Please respond with either a valid dispute or a proposal for payment within the next fourteen days.

 

Yours Faithfully

Collections Monkey

 

 

Maybe it's time to hit them with a Statute Barred Letter?

[silverfox1961]

Double check your credit file just to make sure this debt does not show and if so then yes slap em!

 

If the debt still shows, slap them with a complaint for ignoring your prove it letter

[drob]

Double check your credit file just to make sure this debt does not show and if so then yes slap em!

 

If the debt still shows, slap them with a complaint for ignoring your prove it letter

 

The debt dropped of my credit reports last Nov/December.

[silverfox1961]

Then as you are sure you paid nothing in the last six years, they can go swivel

[drob]

I haven't paid anything to Abbey/Santander since late 2006.

 

The debt was made up purely from fees and charges, however a narrowly missed the boat claiming the charges & fees back.