SB Santander Overdraft - Transaction Summary Statements still ongoing

[psyduck]

Howdy all!

 

Long and short of it is, for years I had an account with Abbey National, then changed to Abbey obviously.

 

 

I went to Uni and had an overdraft with them of about £1500.

 

 

When I left uni I didn't have the money to pay off the overdraft,

but stupidly had my pay put into another basic savings account

which eventually Abbey decided to swipe £700 pounds out of to service

the other debt which by now had defaulted (I believe).

After that I didn't go near Abbey accounts again and set up one elsewhere.

 

The question I have is,

the debt hasn't been transferred to a DCA but I get yearly statements from Santander

saying that the balance is "X" and the letter says they have to send me this yearly to keep me up to date.

 

 

I'm certain there are charges on this account that I could claim back but not enough to wipe out the debt,

so I'm wondering if the debt is unenforceable despite the fact it's only an overdraft

- does it work the same as a credit agreement? An overdraft is a form of credit, no?

 

Any advice would be great and I'll try and answer any questions as best I can.

 

Thanks

[rebel11]

Hi ps

 

When did you make the last payment? Have you ever received a CCJ against that debt?

 

Since the Supreme Court Ruling, it has become difficult to claim back charges unless it's a 'Hardship' Claim, but this could change as the Court considered a 'narrow point of law.'

 

http://www.moneysavingexpert.com/news/reclaim/2011/05/guest-comment-bank-charges-fight-still-alive

[psyduck]

Hi rebel

 

I haven't had a CCJ against this debt, but here are the details of the last letter I recieved. It's 2 pages

 

PAGE 1 >

 

My address

 

We enclose the following:

 

TRNSACTN SUMMARY STATEMENT 1/2

 

PAGE 2 >

 

Account holder : Psyduck

 

Account : BANK ACCOUNT

Sort code : XXX

Account Number XX

 

 

Date of notice : 02/10/2010

 

03/04/2010 STATEMENT OPENING BALANCE £1XXX.86

02/10/2010 NET BALANCE £1XXX.86

 

Dispute Resolution

If you have a problem with your agreement, please try to resolve it with us in the first instance. If you are not happy with the way in which we handled your complaint or the result, you may be able to complain to the Financial Ombudsman Service. If you do not take up your problem with us first you will not be entitled to complain to the Ombudsman. we can provide details of how to contact the Ombudsman.

 

 

....and that's it. So I'm confused as to what this "agreement" I have with them is considering I havent used the account for nearly 6 years?! I get these once a year I think?

[ims21]

Hi

 

Looks like this is just a standard letter that they send out under their requirement to do so once a year. I wouldn't put any importance on the word "agreement" myself.

 

Makes me wonder why, if they know where you are and that there is an alledged debt, thay haven't come after you for it. You say that you haven't used the account for nearly six years. Can you tell us when the last payment into the account was or when you last ackowledged the debt in writing?

 

ims

[psyduck]

I'm surprised as well to be honest, I've had other DCA's come after me for less but they haven't chased it up. I haven't ever acknowledged the debt in writing and the last payment they will have had on the debt would have been 4-5 years ago when they took all the money out the other account!

 

I thought they were trying to make me take an interest in the account as there aren't any minuses before the balance, so strangely to the naked eye it would look like a positive balance. Only problem is I can't really ask them what the correct balance is/when the last payment was etc without acknowledging the debt can I? :S

[psyduck]

Hello again all,

 

I am writing for what will hopefully, by the end of this, be the last time on this forum.

 

CAG have helped me banish three debts from DCA's previously,

and both DX and Brigadier were of great help.

 

I have one final ghost of my overly frugal past to banish.

 

I had a debt with a bank many years ago.

 

They took money from my savings to pay off an overdraft filled with charges many years ago.

 

At the time I had a six month old daughter and they forced myself and my then partner into serious financial hardship and did not care.

 

Out of principle I did not pay the debt (approx £1000) and it had waited dormant until now.

 

The debt defaulted in May 2008 and was not paid towards as of March 2008 so it is not far from being statute barred.

 

I heard NOTHING about this debt for many years.

 

My friend who worked at the bank said it had been given up on long ago.

 

This is the only default left on my record.

 

I stupidly, STUPIDLY signed up to the electoral roll last week

and almost instantly received the following letter at the door within 5 days:

 

----------

 

Dear MR PSYDUCK

 

Previous address: (the address where they last knew me)

 

For the purpose of validation,

we believe that you used to live at the address noted above.

 

If you are not the above named person, or you have any queries or concerns,

please contact us on the freephone number below between the hours of 8 and 8.30pm so we can ensure our records are correct.

 

(Number provided)

 

If you are the person named above, you may also use this number to contact us.

 

Yours faithfully

 

Correspondence Manager

 

------------

 

Now I know the answer will be "ignore" but how likely will it be that they know this is me?

Can I throw them off the scent?

Why has it taken this long for them to contact me??

Ideas?

 

One more to go and I am free.

 

...I am applying for a mortgage next year so it is important we see this out past the SB date and it is removed from my record!

 

PSYDUCK

[silverfox1961]

Hi

You are correct. Ignore. They are not sure of who you are-yet! Let them do the running around for now

[psyduck]

thought so SF. We will wait and see what they come back with

[toptrapper]

Hi Psyduck.

 

If it's any help, I had these numpties chase me some 4 years ago regarding an old credit card, the letter quoted an address I'd not lived at for well over 13 years. I received the same letter, ignored it (credit file was clear) and haven't heard a peep from them since. Ignore for now, wait to see if they come back with anything else.

 

Good luck

[dx100uk]

ello

 

you ideally should have been on voters long long ago

 

that's the biggest killer on a cra file.

 

don't worry about robbers way

 

they need extra money for the xmas party as CAG has been rather good at cutting off their cash cows!!

 

dx

[Ian olney]

This is what cracks me up

 

 

If you're female, it is perfectly acceptable to not pay a debt "out of principle" & the Briggys of this world are only too keen to help

 

 

If you're male however, the Briggys of this world are in utter contempt of your attempts to "avoid paying the debt"

[renegadeimp]

This is what cracks me up

 

 

If you're female, it is perfectly acceptable to not pay a debt "out of principle" & the Briggys of this world are only too keen to help

 

 

If you're male however, the Briggys of this world are in utter contempt of your attempts to "avoid paying the debt"

 

That is a VERY strange post.

[dx100uk]

too many wine gums?

 

dx

[Stigman]

My friend who worked at the bank said it had been given up on long ago.

 

This is the only default left on my record.

 

Does your Credit File show a change of ownership of the debt?

 

Stigman

[BRIGADIER2JCS]

This is what cracks me up

 

 

If you're female, it is perfectly acceptable to not pay a debt "out of principle" & the Briggys of this world are only too keen to help

 

 

If you're male however, the Briggys of this world are in utter contempt of your attempts to "avoid paying the debt"

 

I do not condone debt avoidance in any way!! From Male/Females or complete wasters such as you.

[BRIGADIER2JCS]

I would think the source of the 'intelligence' on your address is from elsewhere much to soon to have appeared on the ER.

[psyduck]

Does your Credit File show a change of ownership of the debt?

 

Stigman

 

Hi Stigman

 

No it doesn't, it still shows as Santander.

 

My report also doesn't show I am on the electoral roll as of yet so I suspect Brig is right.

 

They are very much peeing in the wind at the moment so let's see where it goes. Will keep you updated.

[psyduck]

Hi Psyduck.

 

If it's any help, I had these numpties chase me some 4 years ago regarding an old credit card, the letter quoted an address I'd not lived at for well over 13 years. I received the same letter, ignored it (credit file was clear) and haven't heard a peep from them since. Ignore for now, wait to see if they come back with anything else.

 

Good luck

 

That's a good start. Thanks! Hopefully my outcome is the same.

[psyduck]

This is what cracks me up

 

 

If you're female, it is perfectly acceptable to not pay a debt "out of principle" & the Briggys of this world are only too keen to help

 

 

If you're male however, the Briggys of this world are in utter contempt of your attempts to "avoid paying the debt"

 

Seeing as I'm male and Brig has been nothing but helpful to me I think your post is somewhat unwarranted...

[Annie71]

I do not think anyone can condone debt avoidance I.e the deliberate fraudulant taking of money with no intention of ever paying it back. E.g old Basil Rankine who is or was at HMP.

However if the banks and institutions do not comply with the law do they deserve to get the money back?

 

Then we have charges which at best are unfair and depending on who you listen to almost or totally impossible to reclaim.

 

Then there is the fobbing off sevice

 

The odds are stacked against mr or mrs average .

 

It is better for 10 criminals to walk free than one innocent person be convicted but in the world of civil debt it seems the courts and system want to reverse the burden of proof and accept any conduct on the part of the industry

[psyduck]

I do not think anyone can condone debt avoidance I.e the deliberate fraudulant taking of money with no intention of ever paying it back. E.g old Basil Rankine who is or was at HMP.

However if the banks and institutions do not comply with the law do they deserve to get the money back?

 

Then we have charges which at best are unfair and depending on who you listen to almost or totally impossible to reclaim.

 

Then there is the fobbing off sevice

 

The odds are stacked against mr or mrs average .

 

It is better for 10 criminals to walk free than one innocent person be convicted but in the world of civil debt it seems the courts and system want to reverse the burden of proof and accept any conduct on the part of the industry

 

It's a difficult one to get right. 80% of this debt is charges that put me into serious financial hardship with a small child and are probably illegal. Of course running from debt just because you don't want to pay it shouldn't be condoned but in all honesty they know full well the charges are outrageous on the account.

[ericsbrother]

I am against people avoiding debts but I dislike the debt collection industry and their corruption of the legislation they are supposed to work under. Without these companies people's debts would often be manageable but the lack of help can push people into desperate measures to release themselves from the snare of these companies.

The Brig has given short shrift to people who come here looking to just avoid their responsibilities but is a fountain of knowledge to those who dont know where they really stand.

Me? I am fortunate to have no debts but wish I was wiser about money when I was younger as I might actually have some now as well.

[Annie71]

It is such a difficult subject but should it be?

On th motoring forums people are encouraged to look for loopholes to avoid parking or traffic contravention penalties. Equally with RLP. As soon as its a financial thing some people do not expect the multi millionpound institutions to adhere to the law but for us ordinary people to just pay up no questions asked.

[silverfox1961]

It is such a difficult subject but should it be?

On th motoring forums people are encouraged to look for loopholes to avoid parking or traffic contravention penalties. Equally with RLP. As soon as its a financial thing some people do not expect the multi millionpound institutions to adhere to the law but for us ordinary people to just pay up no questions asked.

 

I can't say that I have seen many council charges disputed but with the private parking companies, their MO is to get as much as they can with nothing to back it up with. Similarly, RLP try it on. These types of businesses prey on ignorance and the majority pay up with no questions asked which is why CAG is here.

 

As for debts, where a debt is lawfully owed, it is better to negotiate rather than ignore. When these debts are full of (if not the total of) charges then fight all they way.

[Annie71]

Thats what I mean. To some any money borrowed is lawfully owed and you should pay it regardless. Even the oft say sb debts and unenforceable ones still exist. If I get a parking ticket for parking on a yellow line no one complains when I query the lack of signage