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Hi I am hoping to get some advice/ help with regard to an unauthorised overdraft debt incurred with Santander in 2011.
I have been contacted by Robinson Way who has acquired this debt and was threatening legal action to recover this debt.
I contacted a debt helpline and discussed the situation and it was suggested that I send one of their pre formed letters claiming that the debt was statute barred.
This was sent to Robinson Way on 29th Jan 2018 recorded delivery.
On the 30th Jan I received a letter of claim from Howard Cohen (dated 18th Jan 2018) and to respond by 19th Feb 2018 ( not returned yet).
I have since received a reply from Robinson Way dated 8th Feb thanking me for my contact in response to the pre action protocol pack and that they note that I believe this account to be Statute Barred.
They advise that the account is not Statute Barred as the account default date was 23rd March 2012 and that a payment was made on 24th September 2012 ( certainly not by me). They state that the account is on hold until 26th Feb 2018.
Since sending the Statute Barred letter on 29th Jan 2018 I have discovered a fair amount of paperwork relating to this account, including statements and letters sent from Santander ending with a default notice dated 16th Feb 2012.
I have an idea with regard to this payment that Rob way refer to and this could be a correction of charges applied to the account of £100.00 when they had already stated in an letter in Dec 2011 that they had suspended all charges to the account however they applied a further £100 charge in Jan 2012 for an unarranged overdraft.
Anyone have any advice as to what to do now? should I return the pre action form and what to put? when does an unarranged overdraft become statute barred ( I do have letters stating breach of contract due to non payment on demand of the full amount and cancelling all cards/dd/ and any further use of the account dated 24th nov 2011).
Hoping someone might be able to help/advise me.
I have been contacted by Robinson Way who has acquired this debt and was threatening legal action to recover this debt.
I contacted a debt helpline and discussed the situation and it was suggested that I send one of their pre formed letters claiming that the debt was statute barred.
This was sent to Robinson Way on 29th Jan 2018 recorded delivery.
On the 30th Jan I received a letter of claim from Howard Cohen (dated 18th Jan 2018) and to respond by 19th Feb 2018 ( not returned yet).
I have since received a reply from Robinson Way dated 8th Feb thanking me for my contact in response to the pre action protocol pack and that they note that I believe this account to be Statute Barred.
They advise that the account is not Statute Barred as the account default date was 23rd March 2012 and that a payment was made on 24th September 2012 ( certainly not by me). They state that the account is on hold until 26th Feb 2018.
Since sending the Statute Barred letter on 29th Jan 2018 I have discovered a fair amount of paperwork relating to this account, including statements and letters sent from Santander ending with a default notice dated 16th Feb 2012.
I have an idea with regard to this payment that Rob way refer to and this could be a correction of charges applied to the account of £100.00 when they had already stated in an letter in Dec 2011 that they had suspended all charges to the account however they applied a further £100 charge in Jan 2012 for an unarranged overdraft.
Anyone have any advice as to what to do now? should I return the pre action form and what to put? when does an unarranged overdraft become statute barred ( I do have letters stating breach of contract due to non payment on demand of the full amount and cancelling all cards/dd/ and any further use of the account dated 24th nov 2011).
Hoping someone might be able to help/advise me.
