Robinson Way NOT Statute Barred

[christinez]

I sent a template letter to Robinson Way because I know the last payment I made to an Ex- Abbey National/Santander account was in January 2010. I am constantly getting letters from them a recently a debt collector even though I never answered the door. However, I have had a letter back saying the default was on 7th February 2012 and if I don't complete the enclosed financial statement then collection activity will start. I know for a fact my date is correct so what can I do without acknowledging the debt and resetting the clock?

thanks
Christine

[warwick65]

Re: Robinson Way NOT Statute Barred

Hi Christine

So what sort of debt is it, was it a current account?

SB , particularly on a current account is very difficult and many are trying to say a default is the cause of action however while maybe a DN might be (open to lots of discussion) the start of the SB period the registering on a credit file of the default is not necessarily linked.

[christinez]

Re: Robinson Way NOT Statute Barred

Hi,

Yes it was a current account. It went overdrawn by around £200 and before I knew it they had put that many charges for different things it was up to £632 so I just walked away from it. So I know for certain it hasn't been used since December 2009 but just said a month later to be absolutely sure.

[warwick65]

Re: Robinson Way NOT Statute Barred

Sadly , and I have no idea how this would work in court, banks often let ODs run on for some time before defaulting- santander are quite bad for it

However RW only have certain records to rely on so its worth sticking to you SB line.

The only thing i would say is be very careful in how you word letters - never use words like my account or my debt

[christinez]

Re: Robinson Way NOT Statute Barred

Is there anyone else who could give any further advice on this?

Thanks

[charitynjw]

Re: Robinson Way NOT Statute Barred

The starting point may be to look at the Abbey T&Cs & what they say about termination.

I think I know someone who might be able to help?
http://legalbeagles.info/forums/show...2006-2007-2008

@Amethyst (Morning, Ame ).

[Amethyst]

Re: Robinson Way NOT Statute Barred

Morning.... will have a mooch back through the thread.

[Amethyst]

Re: Robinson Way NOT Statute Barred

You need to send a Subject Access Request to Santander. Subject Access Request Letter

You should get full transaction lists with it. This will enable you to see ( and demonstrate to the court if need be later ) how the overdraft built up on it's own with no input from you. That will help with any unfair relationship/terms arguments if needed.

Do you recall the exact type of account you had ? Were there any terms as to paying in a certain amount each month, having two DD's going out each month - that kind of thing. If so they could help show the account should have been defaulted long before 2 years after you stopped using it.

How much is the debt now?( ie what are RobWay chasing for? is that the £632 ? )

[christinez]

Re: Robinson Way NOT Statute Barred

I had wondered whether to do a SAR. That should provide me with a default notice too. It was just a normal current account way before all these gimmicks came into being. The debt is £632.79 and at least £400 of that is charges etc charges they are no longer allowed to charge! So that is what RW are chasing for. It has been over 6 years since I used the account and probably 7 yrs. This is why I sent the prove it letter, and a letter from them saying it defaulted on 7 Feb 2012 hardly proves it to be honest.
Christine