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oldSantander Current account OD surfaced. statute barred? SCOTLAND


callum84
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Got 2 letters today, 1 from Hoist to say they had purchased a debt from Santander and that Robinson way would be collecting it.

The other was from Robinson way introducing themselves and asking me to make contact to arrange payment.

 

I've looked back at previous credit reports and see that its a current account with Santander and had defaulted back in October 2008.

The account was £1000 over overdraft then cut off when defaulted.

 

My first instinct is that this is well and truly statute barred. I've not had any contact with Santander since Aug 08 and made no payments in any kind.

I have had a statement every few years but just ignored them.

 

I'm not acknowledging debt in any way.

 

I know things are slightly different with current accounts. What's my best plan of action?

 

Edit : Live in scotland

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Righto, so the last activity from you on the account was in 2008 at which time they placed a default marker on your file, yes ?

 

It is my understanding that this would be statute barred if you are in Scotland as the SB time is 5 years. I will ask one of the ST from Scotland to confirm.

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Uploading documents to CAG ** Instructions **

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Does the SB letter go to Hoist who own the debt or RW who are collecting.

 

Another thing. They are sending the letters to my next door neighbour. They have a digit wrong in address. Should I just mention this in SB letter?

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same company!!

 

 

yes

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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can I just check you took this account out whilst resident in Scotland?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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can I just check you took this account out whilst resident in Scotland?

 

 

dx

Yes, that is correct.

 

I've had advice from you before and read a lot of the good advice you've posted in other threads so greatful for u chipping in.

 

Thought all my previous debt problems were behind me. Haven't missed a payment in 6 years, all adverse data has dropped off cra's then this. Typical.

 

Just hope I don't end up with too much of a fight off them. From what I've read they are a nightmare to deal with.

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  • 2 months later...

Okay so it's been a few months.

After sending statute barred letter I've had 2 letters informing me they are still waiting on account details from Santander.

 

Today I received a letter from RW stating that the account in question is now closed on their files.

 

They will pass any documents/information I have provided on to their client for them to deal with accordingly.

 

For my future reference the client can be contacted at following address HPH2 Ltd (ex santander) Blah blah blah.

 

The amount due now shows zero.

 

Considering RW and hoist are same company this letter doesn't fill me with confidence that this matter is over.

 

What do you guys think? Is a follow up in order or just move on?

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they are trying as they and all DCA's always do

to make you think it was escalating up a chain..

 

 

in the end it was a simple trick to try and trick you.

 

 

you caught them out.

 

 

automated garbage.

 

 

have they ack'd its SB'd then?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Not directly.

Only communication I've had was the 2 letters saying the account was in dispute and they were waiting for information from original lender.

 

Next letter was the one today stating account was closed on their files and we're passing it back to themselves.

 

Not sure what to make of it to be honest.

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pers I'd take it they now ack its sb'd

 

 

let us know if they try it on again.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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