Santander default for overdraft

[Tilda]

Hi I would love some advise..

 

I have a default registered by Santander on 19/05/12 for 4325 GBP

 

Long story but I emigrated to Australia in Jan 2013 and cannot remember if I told them!

I have checked on Experian and the default still shows Santander as the owner of the debt.

 

I had severe financial problems which was one of the reasons I emigrated.

I have dealt with all of my other creditors from here,

but I truly despise Santander because of the way they treated me in the mid 2000's

cutiing my overdraft limit in half with little notice.

I banked with them from 2001.

They closed my bank account in 2012.

 

I am in a position to return to the UK early 2018 and wanted to ask best tactic to deal with this debt, as I am aware they can CCJ me any time up to the 6 year default date ie May 2018.

The last thing I want to do is return to Blighty to a CCJ

 

Any help would be appreciated

 

 

Thanks...

[unclebulgaria67]

I suspect the debt will be sold or assigned to a Debt Collection Agency (DCA), so if you return it might not be Santander chasing you. The new debt owner would have the same rights to take you to court where you are resident.

 

If the owner of the debt does not obtain a CCJ within 6 years of the date you last paid or admitted to owing the debt in writing, then the debt would be subject to the limitation act (Statute barred). Means that if you defended any court claim as statute barred, then they should not gain a CCJ, so nothing to pay.

 

The debt will also come off your credit record on its 6th anniversary.

 

If i were in this situation, i would go through old records to see when i last paid towards this debt. I.e is it within the last 6 years. If i did not have the information i might contact Santander to get hold of statements and in doing do they will note you are resident in Australia. They would have no chance taking it to court in Australia. At least you then know what the score is in regard to statute barred or not.

 

Or you move back to the UK in 2018, keep an eye on your credit record in the meantime and by the time they trace you in the UK the debt should be statute barred.

[Tilda]

Thanks for your speedy reply Uncle!

 

 

There certainly have been no payments or communication with Santander since 19/05/12.

 

 

As I am unsure if I informed them of my plans to live in Australia, my biggest fear is them getting a CCJ without my knowledge on my last address in the UK. I do regularly check my uk credit file but if they obtain a ccj the first I would hear about it would potentially be on Experian and then it would be too late to defend..

 

 

Maybe I can write to them from Ozz 'without prejadice' informing them of my new address in Ozz?

 

 

Cheers

[Old Cogger]

6 years runs out in 3 days??

[dx100uk]

no 2012+6=

[Old Cogger]

no 2012+6=

 

You passed the Test - award a carrot! .lol

[unclebulgaria67]

Thanks for your speedy reply Uncle!

 

 

There certainly have been no payments or communication with Santander since 19/05/12.

 

 

As I am unsure if I informed them of my plans to live in Australia, my biggest fear is them getting a CCJ without my knowledge on my last address in the UK. I do regularly check my uk credit file but if they obtain a ccj the first I would hear about it would potentially be on Experian and then it would be too late to defend..

 

 

Maybe I can write to them from Ozz 'without prejadice' informing them of my new address in Ozz?

 

 

Cheers

 

You can also check trustonline for any CCJ against last known UK address. This is official registery for CCJ's and there is a small admin fee per search.

 

Yes you could write to Santander, just reminding them of your Aussie address for communications. You don't need to say anything in the letter or title it without predjudice. Just say that you are writing to remind them of your Aussie address for commuications, just in case previous correspondence was mislaid by them.

 

Re statute barred, this may be a number of months before the 6th anniversary of the default date. Banks don't default an overdrawn account normally until at least 3 months without payment. So as a total guess, i suspect the debt will be statute barred Jan or Feb 2018.

[Old Cogger]

where in the UK did you take out the account?

[Tilda]

Hi guys sorry for the late reply...bit tricky with time differences here in Oz.!

 

Ok well the account was opened in Camden in 1997.

 

So are you saying write to Santander 'without prejadice'! I would really like to SAR them, and claim back fees. I used to have a 13k overdraft with them which they chopped in half, then halved again which caused me severe problems . If I do this would this start the 6 year process again?

 

Cheers....T

[dx100uk]

fees are long gone I would suspect but not forgotten if a court claim were to be started

but it would not be satans they'd sell it on

 

 

i'd be writing to Santander informing them, with proof

that you have been resident in OZ since year.

 

 

that way a backdoor ccj by debt buyers is prevented.

[Tilda]

Thanks dx!

 

Have checked my cf and the default is still showing with Santander.

Bit surprised they have not sold it on after all this time!

 

Ok will just send them a letter notifying them of my UK address and then wait and see....

 

Too easy....as they say over here!

 

Whoops correction.....notifying them of my oz address!!!!

[dx100uk]

that's better.

 

 

get some proof of posting that end

that's all you'll need should a claim ever be made whilst you can prove you were not legally resident in the UK.

 

 

dx

[Tilda]

Cheers do, don't you sleep? Oh just looking at their address its a po box in Milton Keynes...I want to send recorded signed for. Should I send to the registered office in London?

 

Cheers T

[dx100uk]

head office that's not a POBOX.is well OK

[Tilda]

Thanks ex...cheers