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Hi I am hoping to get some advice with regard to an overdraft debt incurred with Santander in 2011. I have been contacted by Robinson Way who has legally acquired this debt and was threatening legal action to recover this debt. I contacted National Debtline and discussed the situation and 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. 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 me in this mess.
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 me in this mess.
