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    • god they've got at you haven't they. told you all the usual utter BS. a CCJ vanishes from your credit file on it's 6th B'Day regardless to being paid off or not or paying or not. same with any debt with a registered defaulted date - it vanishes from your file on the DN's 6th B'day regardless. creditfix are Knightsbridge, (they renamed) there are 100's of threads here on Knightsbridge, if i remember rightly 2 of the directors of a certain very big IVA provider were struck off for embezzling £1m's out of debtors. pers i'd stop paying now.  end of . just ignore them all. 99% of your debts are to utterly powerless DCA's and probably were never owed in the first place only goes to firm up my belief from post one..you got had blind. its very easy to deal with the debts even those with CCJ's. can you copy and paste what you credit file says regarding the IVA please?   
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    • Sorry I meant credit fix - I really wish I'd known this before - kicking myself right now  If they come back to me asking for more money I'll cancel it and start trying to deal with the debt myself let's see what they say  Feeling tempted to cancel it now but scared that some of the debts will do more CCJ's on me and I'll have to wait 6 years again.  2 of the CCJ come of this year and then I'll only have the iva in credit file - effectively if I'd have not took out the iva in 2021 I'd have clear score by now - but then again would I because I would have been hounded the last 3 years, as bad as it is it's saves me lots of headaches whilst my debt was still within the 6 year mark.  I think most of them are near there but in all honesty no point chasing them if I do cancel iva I'd jjst wait for the ones who contact me and then start the relevant letter process on them.  Of over 6 years easy if not still possible to write off. My true victory would be having the iva wiped off my credit file as mis sold or something that way I Don't have to wait till 2027 Other option is to fight back and ask for them to offer the creditors to accept payments so far and use the following method    Will your IVA firm agree to complete your IVA on the basic of funds paid to date? The Guidance lists a lot of factors to be considered in deciding whether a settlement on the basis of funds paid to date should be proposed. You should read the list. But that may not give you any feel for whether they apply to you or not. The following are my thoughts on when an IVA should be treated as settled, not failed. They assume that you have £75 or less to pay a month: if you would currently qualify for a Debt Relief Order, then your IVA should be settled now  There is no point in making your IVA fail and you have to apply for a DRO – it will not generate another penny for your creditors. If you are renting and owe less than £50,000, check the DRO criteria now and talk to National Debtline on 0808 808 4000 about whether you qualify. You may have been told at the start of your IVA that you aren’t eligible – still check now as the DRO criteria have changed, your situation has got worse, and some people were given incorrect information about DROs at the start. if you have no assets that would be realised in bankruptcy (eg a house with equity, car worth over £2000), then your IVA should be settled now Same as (1), there is no point in making you apply for bankruptcy after your IVA fails. if your only asset is a car that is worth less than £8000, then your IVA should be settled now A car that is worth say £5000 would normally be sold in bankruptcy and you would be given a small amount to buy a cheaper car. But your creditors would not get any benefit from this as the Insolvency Service takes the first £8000 raised to cover its own costs. if you have significant assets, the closer you are to the end of the IVA, the less reasonable it is to fail it If you have been paying your IVA for 4 years, you have done your best over a long period. It isn’t your fault you can no longer continue. The fact you may have had equity to release isn’t relevant as that simply isn’t going to be possible. if your situation will clearly improve soon, then it’s unlikely your IVA will be settled I mean real improvements, not hoping that prices fall. If I can get them to accept payment to date or threaten with cancellation hopefully they may accept it -  Other option is to try and borrow money and pay make a full and final offer  Or I can just ignore and hope for the best which I'm very tempted to do especially if they respond to my review with bullying tactics despite me being skint as a fart with no mortgage as renting  It's so stressful but I've just checked the iva agreement from 2021 and it's Cabot 2 accounts Lowell about 5 accounts and then lots of repeats of the same debt with for example zopa and Cabot same amount listed twice -  also loyyds banks but I'm sure that's older than 6 years and not on credit file anyway  If I can somehow remove the iva from my credit file I'd be happy 
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SB Santander Overdraft - Transaction Summary Statements still ongoing


psyduck
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No problem psyduck.

I am just glad that you have the details needed to make an informed choice.

 

Are Santander still the owners of the debt? If so I would probably wait until next Tuesday/Wednesday before sending the SB letter to RW. I can only imagine how it must feel being so close to the SB date..

 

Yes it is tantalising...

 

According to my credit report Santander still own it. RW have always said they are chasing on their behalf.

 

I had a few other debts which were in the same situation (chasing on behalf), I always sent the SB letter to the DCA to tell them why for and they "returned the file to the creditor" . I didn't hear anything from any of those afterwards so think best to do the same.

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Just to keep you in the loop.

 

I have today sent a letter to RW stating my stance on the matter,

namely that this debt is SB,

I will not be paying, a

nd that sending anyone to my house will be classified as harassment.

 

I'm half expecting them to make up a phantom payment but we will wait and see

- I have checked my official records at Santander through my friend

and I haven't paid anything towards this account for over 7 years.

 

I've waited for the default as that is their cause of action under the advice of a lengthy conversation here and also from DX/Brig etc.

 

Here's hoping that is the end of it!

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  • 2 weeks later...

Short update, still haven't received any response from RW. I gave them a very reasonable 10 working days to respond so I expect to hear something by the end of this week at the latest.

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Letter dropped today -

 

Date: 17 March 2014

 

Dear MR PSYDUCK

 

Due to: Santander BANK PLC

Account Number XXX

Our Reference XXX

Amount Due: £XXXX.XX

 

We write to confirm that we have noted the dispute/query you have raised.

 

We will make the necessary enquiries and let you know the outcome in due course. In the meantime we will stop all collection activity on this account.

 

Please let us know if we can assist further.

 

------

 

They can assist by simply phoning Santander to confirm it is SB....

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  • 4 weeks later...

Unfortunately I am back, I received a letter on the 1st May...well a card concealed in an envelope. Handwritten parts are in brackets:

 

**

 

ROBINSON WAY

 

For the attention of (Mr PSYDUCK)

Date: (1/5) a/c number (blank)

Client: (Santander)

Balance: (Payment plan available)

Despite numerous visits by our agent, we have been unable to make contact with you. Please contact our agent on (Phone number provided) to arrange a convenient time to visit.

Agent's name: (Mr. Weaver)

Alternatively you may contact one of our customer advisors on: (7 day notice) who will be pleased to discuss repayment options win you and will be sympathetic to any special circumstances you may have.

 

**

 

Now I was told 6 weeks ago collection activity was on hold, haven't heard anything, and now this.

 

I also haven't had anyone knock on the door and given th envelope has a stamp and has been posted this is very odd.

 

The way the form is completed is also strange.

 

Given the account is apparently on hold and they haven't been able to prove it's not SB does this warrant a formal complaint now? What do I need to say? I said very clearly in my letter to htm that they are not to send anybody to my house and to deal in writing only!

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Probably the wrong answer but sarcasm comes to mind. As in a dear idiots despite numerous letters to you blah blah and I suggest mr weaver learns to read a map as he hasnt been anywhere near my house.

I think though a formal complaint is in order with a veiled threat of legal action if they do not cease

Any opinion I give is from personal experience .

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Unfortunately I am back, I received a letter on the 1st May...well a card concealed in an envelope. Handwritten parts are in brackets:

 

**

 

ROBINSON WAY

 

For the attention of (Mr PSYDUCK)

Date: (1/5) a/c number (blank)

Client: (Santander)

Balance: (Payment plan available)

Despite numerous visits by our agent, we have been unable to make contact with you. Please contact our agent on (Phone number provided) to arrange a convenient time to visit.

Agent's name: (Mr. Weaver)

Alternatively you may contact one of our customer advisors on: (7 day notice) who will be pleased to discuss repayment options win you and will be sympathetic to any special circumstances you may have.

 

**

 

Now I was told 6 weeks ago collection activity was on hold, haven't heard anything, and now this.

 

I also haven't had anyone knock on the door and given th envelope has a stamp and has been posted this is very odd.

 

The way the form is completed is also strange.

 

Given the account is apparently on hold and they haven't been able to prove it's not SB does this warrant a formal complaint now? What do I need to say? I said very clearly in my letter to htm that they are not to send anybody to my house and to deal in writing only!

 

 

 

 

 

Dear Cur or Madman,

 

 

RW has failed to disprove that this matter is not statute barred therefore I will not now or in the future make any payment in regard to this matter.

 

 

I now consider this matter closed and no further correspondence will be entered into. RW is reminded that to continue to press for payment of a statute barred debt may amount to harassment,

 

 

Signed for post check delivery.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hopefully RW will bugger off now.

 

I am sure it will get where it should but the OFT no longer exist, it is the FCA but there will be crossover. You could always call the CAB consumerhelpline and place a report as well

Any opinion I give is from personal experience .

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  • 2 weeks later...
Just to let you know I today received a letter from Robinson Way apologising for the field agent's visit and informing me they have returned the account to Santander as it is statute barred. Hopefully a resolution finally - thanks for all your help chaps.

 

 

Well done psyduck, another one bites the dust!!!

I would suggest forwarding a letter to Hoist Portfolio RW parent, addressed to Mr Najib Nathoo the boss!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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  • 10 months later...

Hello all

 

I had a hubbub with Robinson Way over a statute barred Santander overdraft.

 

 

This concluded in December 2013 with Robinson Way finally acknowledging the debt was SB and them "returning the account" to Santander

 

 

. Today I have again received a Transaction Summary Statement from Santander,

stating the account has a balance of circa £1000.

 

 

They have, this year, sent it with an explanation of what this statement actually is (I ignored them for years)

and it is in essence how much they say they are owed, and they send them at least once a year while there is a balance outstanding.

 

This is a complete waste of paper for them given this debt is well over the SB limitation

and while they are within their rights to send them (I assume) I am interested to see if there is any way I can stop this as it is irksome.

It fell off my credit file at least 3 years ago.

 

Thanks

P

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Have you checked your credit file?

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http://www.consumeractiongroup.co.uk/forum/showthread.php?387368-Letter-to-be-sent-when-debt-is-Statute-Barred-**Update-21st-April-2014**

 

Send them the SB letter I have linked above. Send it to their Head/Registered office, by tracked mail.

 

If they continue to send these statements or make other contact after they have received it, then that could be considered to be harassment.

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http://www.consumeractiongroup.co.uk/forum/showthread.php?387368-Letter-to-be-sent-when-debt-is-Statute-Barred-**Update-21st-April-2014**

 

Send them the SB letter I have linked above. Send it to their Head/Registered office, by tracked mail.

 

If they continue to send these statements or make other contact after they have received it, then that could be considered to be harassment.

 

Ah, that's what I was unsure of (whether it was considered harassment or not). Given it is still a debt (even though it's unenforceable) I wasn't sure if they were allowed to continue with this type of contact, but will send them this.

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obv to them the account is still open

 

 

have they officially called in the outstanding overdraft?

if not then in their eyes it might not be classed as sb'd?

 

 

under that criteria they are entitled to send and are indeed required to send

a better than annual statement.

 

 

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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obv to them the account is still open

 

 

have they officially called in the outstanding overdraft?

if not then in their eyes it might not be classed as sb'd?

 

 

under that criteria they are entitled to send and are indeed required to send

a better than annual statement.

 

 

dx

 

Possibly. I would have thought them passing it on to a DCA would have meant it was closed. Robinson Way were supposed to tell them it was SB, obviously they neglected their responsibilities...

 

I'll send the SB letter.

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passing to a DCA does not mean an account is closed

 

they could be simply 'collecting' for their 'client' - the bank

which in this case is probably what has happened.

 

if they are not chasing the money then I'd not be sending the SB letter to anyone.

 

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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  • 10 months later...

Sorry to resurrect an old thread but…

 

I’ve noted today that Santander have put this account back on my flipping credit report despite it being long statute barred!

 

To save going back through the thread the date of default was March 2008, Robinson Way came to chase and in May 2014 acknowledged the account is SB. Why have they now added this account back onto my credit record?

 

It states the balance is currently zero, the account has a start date of 2007 but only has records of payments being “up to date” from June 2014, which is a month after their DCA agreed the account was not enforceable! It is almost as if they are treating it as a new account.

 

Any advice? Would explain their continued sending of “Transaction Summary Statements”.

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if you've proof of the old defaulted date

them simply tell satans bank to remove the account.

 

 

give them 14days

before you complain to the ICO and poss seek compensation

 

 

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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Thanks DX. Two questions.

 

1. The account shows as healthy, all green, payments up to date etc. Is it more hassle to chase it and remove it? Or are they likely to try and re-default it at some point in the future given they view the account as still having a balance?

 

2. If I write, should I also remind them their agents acknowledged the account as SB so they shouldn't chase etc.

 

Is there a template letter?

 

I don't have any proof other than RW's acknowledgments as the old account dropped off my credit file some time ago.

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well if its not harming your rating I wouldn't bother.

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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