Santender current account default passing 6 years

[wilcouk]

Hi there,

i need advice/help on a default i have with Santender....

back in 2005 i held an Santender current account but earning £800 and being constantly swallowed in a £1,000 overdraft and no help from the bank except to increase my overdraft so i can incur their charges and well generally live, i decided i had to start a new and fresh and away from the bank, so i left them and went with Natwest, Santender obviously not very happy with my decision not to be in debt to them and their negligent banking defaulted my account in April 2007 of a balance of £600.

It has never been passed onto any Debt recovery agents and always stayed within the bank themselves, I have had numerous phone calls to them within these years and asked for settlements of the account i.e part payment to settle but they never accepted until as of very recently where they accepted £250 settlement, i never made anything in writing to them, just phone calls.

my question is... it's almost 6 years in April 2013 (05/04/2007 is when they registered the default) if i just leave this and not pay anything (i.e the settlement of £250) till April 2013, is the debt now statute barred? can they do anything to get this back? bearing in mind i havent really heard ANYTHING from them unless i contacted them myself.

[FlamingParrot]

Re: Santender current account default passing 6 years

Hi there,

i need advice/help on a default i have with Santender....

back in 2005 i held an Santender current account but earning £800 and being constantly swallowed in a £1,000 overdraft and no help from the bank except to increase my overdraft so i can incur their charges and well generally live, i decided i had to start a new and fresh and away from the bank, so i left them and went with Natwest, Santender obviously not very happy with my decision not to be in debt to them and their negligent banking defaulted my account in April 2007 of a balance of £600.

It has never been passed onto any Debt recovery agents and always stayed within the bank themselves, I have had numerous phone calls to them within these years and asked for settlements of the account i.e part payment to settle but they never accepted until as of very recently where they accepted £250 settlement, i never made anything in writing to them, just phone calls.

my question is... it's almost 6 years in April 2013 (05/04/2007 is when they registered the default) if i just leave this and not pay anything (i.e the settlement of £250) till April 2013, is the debt now statute barred? can they do anything to get this back? bearing in mind i havent really heard ANYTHING from them unless i contacted them myself.

The Statute Barred clock gets reset by payments made by you or written acknowledgments of the debt on your part, it doesn't matter whether they contacted you or not.

For the purpose of SBd, the date when they registered the default is irrelevant, some people keep making reduced or token payments for years in which case the debt doesn't go SBd even after dropping off the CRAs. As this was an overdraft, any money going into that current account could constitute a payment.

If I was you I certainly wouldn't be contacting them at this stage or making any settlement offers! :nono:

[dad]

Re: Santender current account default passing 6 years

Wilcouk,

Current accounts are a special case. The statute barred clock only starts running from the date of a formal written demand. This has to be preceded by a valid s87 default notice.
As above if you have made payments you may have reset the clock.

Dad