Robinson Way - Home Visit

[kelike28]

Re: Robinson Way - Home Visit

As peterbard said above, any written repayment offer, whether of a lump sum settlement or a monthly installment, would reset the statute barred clock which, if I got this right, has only about a year left to run.

At this point do I have any other options really? I don't suppose I can ignore them now as I'm sure a claim would drop through the door any min. I don't know how I could stall them or find out an exact date of last payment etc to work out the SB date.
Thanks again. Look forward to hearing back from someone. Xx

[nemesis45]

Re: Robinson Way - Home Visit

At this point do I have any other options really? I don't suppose I can ignore them now as I'm sure a claim would drop through the door any min. I don't know how I could stall them or find out an exact date of last payment etc to work out the SB date.
Thanks again. Look forward to hearing back from someone. Xx

There is a simple way to find the date of the last payment and that is to
phone Santander and ask.

Do you know the date this a account defaulted?

nem

[Guest]

Re: Robinson Way - Home Visit

At this point do I have any other options really? I don't suppose I can ignore them now as I'm sure a claim would drop through the door any min. I don't know how I could stall them or find out an exact date of last payment etc to work out the SB date.
Thanks again. Look forward to hearing back from someone. Xx

Not as simple as that on an overdraft, the SB date would commence on the first demand for full repayment of the OD. usually the date the account is closed is a good guideline.

[kelike28]

Re: Robinson Way - Home Visit

There is a simple way to find the date of the last payment and that is to
phone Santander and ask.

Do you know the date this a account defaulted?

nem

Hi Nem

July 2010 according to my credit file. I may have made some payments towards it after that though so unsure when last dealing were or for how much.

- - - Updated - - -

Not as simple as that on an overdraft, the SB date would commence on the first demand for full repayment of the OD. usually the date the account is closed is a good guideline.

ok so i could do with finding out when the account got closed...

i am just worried about thinking too long about what to do and not replying to them in 14 days like they said lands me in the poop! :tinysmile_hmm_t2:

[Guest]

Re: Robinson Way - Home Visit

Yes, an overdraft is a credit facility rather than a credit agreement, there are not usually set repayment periods. You could draw on it, then few months later pay some off, then it may be 6 months before you use it again, so how would there be any breach of the agreement due to a missed payment. In the statute of limitations it comes under section 6 not section 5, and commences on demand of the full amount due or when the overdraft is recalled.

[kelike28]

Re: Robinson Way - Home Visit

Yes, an overdraft is a credit facility rather than a credit agreement, there are not usually set repayment periods. You could draw on it, then few months later pay some off, then it may be 6 months before you use it again, so how would there be any breach of the agreement due to a missed payment. In the statute of limitations it comes under section 6 not section 5, and commences on demand of the full amount due or when the overdraft is recalled.

ok i get it, totally makes sense now.

Thank you.

[kelike28]

Re: Robinson Way - Home Visit

ok i get it, totally makes sense now.

Thank you.

Do you think i should write to RW to say im seeking info from Santander and will be in touch? Or something along those lines?

[FlamingParrot]

Re: Robinson Way - Home Visit

July 2010 according to my credit file. I may have made some payments towards it after that though so unsure when last dealing were or for how much.

ok so i could do with finding out when the account got closed...

It wouldn't make much difference if you were still using the account in 2010, it wouldn't be SBd regardless of what the answers to these questions are.

i am just worried about thinking too long about what to do and not replying to them in 14 days like they said lands me in the poop! :tinysmile_hmm_t2:

Although it's usually good practice to respond to letters, it's not essential to meet their deadlines. If it was a letter before action from solicitors then you should really reply within 14 days because that's what the pre-action conduct PD states, however, you don't have an obligation to do as a DCA tells you to.

Yes, an overdraft is a credit facility rather than a credit agreement, there are not usually set repayment periods. You could draw on it, then few months later pay some off, then it may be 6 months before you use it again, so how would there be any breach of the agreement due to a missed payment. In the statute of limitations it comes under section 6 not section 5, and commences on demand of the full amount due or when the overdraft is recalled.

In fact, when the overdrawn amount is small, they may keep the account running and also keep applying charges to it without recalling the overdraft or terminating the account. That was the case with a business account I have, which I didn't use for a couple of years. The account doesn't have an O/D facility but it went into the red with the bank's own charges and charges on top of more charges, up to nearly £400. I did not make any payments into the account for nearly a year, yet the account is still live and I'm still using it.

Do you think i should write to RW to say im seeking info from Santander and will be in touch? Or something along those lines?

You may want to look at this post: http://www.legalbeagles.info/forums/...781#post376781

[kelike28]

Re: Robinson Way - Home Visit

It wouldn't make much difference if you were still using the account in 2010, it wouldn't be SBd regardless of what the answers to these questions are.


Although it's usually good practice to respond to letters, it's not essential to meet their deadlines. If it was a letter before action from solicitors then you should really reply within 14 days because that's what the pre-action conduct PD states, however, you don't have an obligation to do as a DCA tells you to.


In fact, when the overdrawn amount is small, they may keep the account running and also keep applying charges to it without recalling the overdraft or terminating the account. That was the case with a business account I have, which I didn't use for a couple of years. The account doesn't have an O/D facility but it went into the red with the bank's own charges and charges on top of more charges, up to nearly £400. I did not make any payments into the account for nearly a year, yet the account is still live and I'm still using it.


You may want to look at this post: http://www.legalbeagles.info/forums/...781#post376781

ok i see, i wont worry too much just yet about their 14 days to reply. Would this letter on the link be sent to Santander or RW??

think ive re read properly and it is to Santander, with possibly a copy to RW just for info. I will get on to that tomorrow.

Thanks for you all inout peeps

[kelike28]

Re: Robinson Way - Home Visit

It wouldn't make much difference if you were still using the account in 2010, it wouldn't be SBd regardless of what the answers to these questions are.


Although it's usually good practice to respond to letters, it's not essential to meet their deadlines. If it was a letter before action from solicitors then you should really reply within 14 days because that's what the pre-action conduct PD states, however, you don't have an obligation to do as a DCA tells you to.


In fact, when the overdrawn amount is small, they may keep the account running and also keep applying charges to it without recalling the overdraft or terminating the account. That was the case with a business account I have, which I didn't use for a couple of years. The account doesn't have an O/D facility but it went into the red with the bank's own charges and charges on top of more charges, up to nearly £400. I did not make any payments into the account for nearly a year, yet the account is still live and I'm still using it.


You may want to look at this post: http://www.legalbeagles.info/forums/...781#post376781

I have just amended this slightly as this sounds as if the account was still with the bank and open so they should have been sending the yearly info etc, is that correct? I am wording mine in the past as it is now with a DCA so am i right in thinking the bank/DCA wouldnt need to provide me with any info. Does this make sense or am i reading it all wrong.?? Ta v much

- - - Updated - - -

do you also know if i can ask them to address any future letters to me in my maiden name (i can send proof of name change)

[FlamingParrot]

Re: Robinson Way - Home Visit

The new account owner should provide you with information about the account, however, they will have to go back to the bank to obtain it as accounts are sold without a lot of details of paperwork. What name was your account under?

[kelike28]

Re: Robinson Way - Home Visit

The new account owner should provide you with information about the account, however, they will have to go back to the bank to obtain it as accounts are sold without a lot of details of paperwork. What name was your account under?

my married name, i then changed back to my maiden once divorced and had new account elsewhere in my maiden name

[kelike28]

Re: Robinson Way - Home Visit

Morning FP and all.

Wrote to RW and they replied yest stating that Santander assigned all of its rights to Hoist in October last year.
They included a letter which is headed Santander dated a few days ago saying we are writing to let you know your account has been sold to hoist and enclosed is a notice of assignment. There is no notice of assignment nor do I recall ever receiving one.
Any ideas of my next step?
Ta v muchly


Actually just re reading the other letter it came with and this may be the notice of assignment. It doesn't say it at the top but in the details they write about the balance and the date it was sold and that under the data protection act they are now the data controller of the account

[nemesis45]

Re: Robinson Way - Home Visit

Morning FP and all.

Wrote to RW and they replied yest stating that Santander assigned all of its rights to Hoist in October last year.
They included a letter which is headed Santander dated a few days ago saying we are writing to let you know your account has been sold to hoist and enclosed is a notice of assignment. There is no notice of assignment nor do I recall ever receiving one.
Any ideas of my next step?
Ta v muchly


Actually just re reading the other letter it came with and this may be the notice of assignment. It doesn't say it at the top but in the details they write about the balance and the date it was sold and that under the data protection act they are now the data controller of the account

Sounds like you now have the correct NOA, (Hoist's paperwork is pretty sloppy.

nem

[kelike28]

Re: Robinson Way - Home Visit

Thanks Nem. It isn't dated that actual date though. Just days a few days ago. Should it be the original they send me which would be dated last year on actual assignment or not? Confused lol. Also do you know whether it would have gone straight from Santander to these people or passed around for years then ended up with these lot? Or does it go from originator to DCA if they have no joy back to originator then the same again and again back and forth? I just want to dig for more info as I tried to claim unfair charges donkeys years ago but they refused me. Id like to think I could try again and maybe offset this debt of I can agree a full and final offer. I've not agreed or even accepted this debt is mine as of yet. Thanks