Santander made a huge mistake

[Santander mess]

Background.

My husband had debt when I met him

- not irresponsible spending, debt accrued trying to keep his house after a divorce. We are in NI.

 

Santander started sending us letters in May 2013,

saying we needed to make payments on a card I thought had been cancelled.

 

I checked our records- it was closed, the balance was nil.

 

We phoned Santander who took some time,

but eventually a manager replied saying it was their mistake

- debt to someone of a similar name had been attributed to us.

 

Their explanation was the agent responsible had hit the wrong name when printing out the pay your debt letter.

 

They apologised profusely, promised it would not happen again.

 

In September we started receiving letters first from Wescot, then Dryden Fairfax Solicitors, and

 

we spoke to Santander.

 

They apologised again, blaming another error and said they would speak to the companies concerned.

 

They also said, on request, they would remove any erronous markers on credit rating.

 

Now we have received another letter- Arden Credit Management,

stating they took over the debt from Idem Servicing.

Neither company is known to us. Santander have said there is nothing

more they can do as the debt is now owned by a company they have no dealings with.

They have said they can do nothing at all.

 

This debt is not owed. It is not ours.

 

Santander acknowledged it stems from their mistak initially

and we should never have been pursued for a debt owed by someone else.

 

What do we do now?

[silverfox1961]

Hi and welcome to CAG

 

The statement that Santander made is incorrect. Even if a debt is sold, they have a responsibility to ensure that the data transferred is correct. Obviously not in your case.

 

I think all communications need to be in writing. Never speak to anyone.

 

Unless Arden start threatening legal action, ignore them. Deal with Santander only.

 

Write a formal complaint listing their errors and demand they rectify the matter immediately and demand compensation for their actions.

 

In the meantime, check your credit file. If dodgy details have been placed there, demand the removal and raise a dispute with the relevant credit reference agencies.

[fkofilee]

Raise a complaint with Santander, get them to confirm that the debt is an error in writing, keep the original letter and send a copy to Arden / Idem etc

From this confirm with a second part to the letter that you want all incorrect information removed etc... If they are the updated reporters on it.

 

Finally Santander maybe able to sort this out themselves, but i would personally write them a letter

[Santander mess]

Thanks Silverfox

 

 

Will write to Santander.

[Santander mess]

Thanks both. Hadn't expected replies as soon!

[dx100uk]

did you get your credit file and check too?

 

dx

[stenson19]

If a debtor queries a debt and money that is owed, it is unfair for the creditor to continue with recovery proceedings during the time the debt is being disputed (The Fair Debt Collection Practices Act). If requested, the creditor or debt-collecting agency must provide details of an outstanding debt. It is not all up to the debtor to prove they do not owe a debt, is it up to the creditor to prove they do if the debt is disputed.

 

Email your complaint direct to Santander @ "Executive.complaints @ santander .co.uk" (remove the Spaces), clearly explain that as the debit is now in a formal dispute and any further action taken to recover the debt could result in the DCA licences being withdraw and a complaint with ICO, FSA and the OFT. Ask them to in writing explained how the balance has accumulated with a statement of the a/c this would be persuable under with a SAR with DPA.