Santander default

[ncf355]

Hi,

so moving out a seperate thread from my over arching CRA thread, I'm starting this relating to a Santander/Cahoot Flexi Loan

Last payment made end 2006, so in theory should be marked as "D" from June 2007 (maximum) as ICO guidance states 3-6 months maximum to register a default

Santander actually have:

"5" late payments June 2007 - Feb 2010

"6" late payments March 2010 - June 2010

"S" (settled) July 2010

Having complained via letter numerous times and received nothing, I placed a complaint to the CEO email address and got a response from the exec complaints team, they took just under 1 week to come back and state they have now changed the file to:

"Default" from APRIL 2010!

[ncf355]

Re: Santander default

Their position on this, is that I took court action against them regards enforceability (or in their speak "took legal advice - untrue, I was LIP!), and whilst I did so, it was "on hold"

Hence, they claim they are correct to only register the default in April 2010, despite this date being sometime after my court action finished (I lost)

My argument is that irrespective of the court action I took, the actual point of default is 6 monthhs (maximum) after the date of last payment and it is not up to them to dictate this at their whim, thus artificially extending the life of the claim

A complaint has been passed to the ICO and I'm waiting for assignment to a caseworker (called yesterday and going on current timescales I've prob got about 2 weeks to wait for that, so 1 month in total)

[ncf355]

Re: Santander default

I'd like opinions here as to whether people believe my take on this is correct and that the default should have been started June/July 2007 (6 months after last payment) and therefore be dropping off about now

[ncf355]

Re: Santander default

On top of the ICO complaint I'm looking into direct court action

[FlamingParrot]

Re: Santander default

I'd like opinions here as to whether people believe my take on this is correct and that the default should have been started June/July 2007 (6 months after last payment) and therefore be dropping off about now

Yes, you are correct. Presumably you took court action as the claimant, to challenge the agreement in an attempt to have it ruled unenforceable, even if you lost, that shouldn't change the date you defaulted on the account. The only event that could change things is if they had obtained judgment against you and recorded a CCJ.

[FlamingParrot]

Re: Santander default

On top of the ICO complaint I'm looking into direct court action

If you are considering court action for a wrongful default, I'd strongly suggest having a chat with Celestine first. :thumb:

[ncf355]

Re: Santander default

Cheers FP for confirming my thoughts

I've seen Cel's battle, though I'm going to go for minor damages under DPA (Sub £2k), along with a court order that the data be corrected/removed

[Lord_Alcohol]

Re: Santander default

I don't believe a lender has entitlement to record anything once an agreement has come to an end - the conditions for processing no longer apply, leaving only the entitlement to share existing data for 6 years.

It would therefore be a violation of DPA schedule 2 to record anything new after that date;

http://www.legislation.gov.uk/ukpga/1998/29/schedule/2

The lender would have to demonstrate that the agreement remained open between 2007 and 2010. If he cannot, then the D must be removed in order to comply with DPA.

[Nibbler]

Re: Santander default

If you haven't done so already, I would make complaint via the FOS as well. Both the FOS and the ICO can consider complaints about incorrect, inaccurate or inadequate information on your credit file. Albeit form a slightly different perspective. From what I've seen Santander can pay more attention to the FOS complaint, as it costs them £500+ if it goes to an adjudicator.

[ncf355]

Re: Santander default

Hi,

thanks Nibbler

I actually thought what the heck as they are being so obstructive I've sent a complaint to FOS as well