Santander / Howard Cohen loan

[patters1978]

Hi

Any help please with the following

few days ago i received this letter



Now this corresponds to a loan we had took out in 2006 it defaulted Dec 2009 i have a statement stating this, we had 2 loans with Santander at the time and both have defaulted and TBH as its gone on for so long was kinda hoping the 6 years would just come and id be done with them and the other's from my "bad year" while i never intended to not pay my debts 8 months from SB seems to grate against me now?!
Note that i have left the last few digits from the account number on show, basically no default on my credit file corresponds to this loan?
My other loan with Santander is present and correct but only one shows on mine and my partners file!?!

picture of my noddle report as you can see the account number isn't the same as the above picture, it is the other loan.



Right another thing that caught my eye while looking over paper work is the following image.



Now both loans from Santander are in the same format but what strikes me is the amount i owe? £0
Now i guessing this is because they have sold it on or something? dunno was hoping i was in the luck and thats them admitting i owe nowt :P

I'm sure that's not the case i'm not that lucky but what do i do with the loan that doesn't appear on my file?
As its not on there i'm not 100% certain it isn't SB or that the DCA are actually trying to get money for the correct thing?

Help

many many thanks

[nemesis45]

Re: Santander / Howard Cohen loan

Hi Welcome to LB.
You are right in your assumption that the zero balance (s) show that the account (s) have been sold on in this case to Hoist Portfolio 2 a debt purchase company, Robinson Way is owned by HP2 and is used to managed and collect purchased debts.

All defaulted accounts are removed from CRA files on the 6th anniversary of the default date Paid or Not, this is not a reliable indication that a debt is statute barred, the two dates are not the same:

Statute Barred in England and Wales = 6 clear years with no payment and/or unequivocal written admission of liability.
Any payment at any time during the relevant six years resets the 6 year clock. If a debt has been passed around the debt collection industry and payment to a DCA also restarts the clock.
nem

[patters1978]

Re: Santander / Howard Cohen loan

Right ok thanks for that info

as I believe this said loans isn't SB so why isn't it showing on my credit file?

and can anyone tell me the steps I should take now?

[nemesis45]

Re: Santander / Howard Cohen loan

Statute Barred and removed fro CRA files are not the same thing.
Defaulted accounts are removed Paid or Not so it is possible for
a debt to either show on CRA files after it becomes SB or to be
removed before it is SB, SB depends on different points for different types
of account.
Debts arising from simple contract: The date of the start of the 6 year " clock" is:
The date a contractual payment was due and not made after which no further payment
or unequivocal written admission of liability was ever made.

For current accounts/overdrafts the date when the creditor is first allowed to claim repayment in full, e.g. the issue of a final demand for payment in full, it has been argued that the default date is the relevant date.

The other option given Santander's appalling record on paperwork etc., that it only reported to 1 or 2 of the main CRA's or in some I've seen over the years not reported at all.

If you have used Noddle or sites such as " Check My File " which use what is basically 2nd Hand Data, it may help to check Equifax and or Experian.

nem

[patters1978]

Re: Santander / Howard Cohen loan

Right ok so basicly it don't matter that's it's not on my file?

just looking really for the steps I need to take now before I get court papers etc
cheers

[patters1978]

Re: Santander / Howard Cohen loan

Right need to sort this adapt so sorry for being impatient!

Do I send off a cca request?

[nemesis45]

Re: Santander / Howard Cohen loan

Yes send the CCA request.

It is payment history that will be key here I think, were payments made account was defaulted, Or was the account left live and not reported at all ??

[patters1978]

Re: Santander / Howard Cohen loan

Who knows

what should they be sending my original agreement?
i will also look at experian

just so im fully right cca letter not signed etc

[Kati]

Re: Santander / Howard Cohen loan

you can sign the cca ... in fact they'll probably send it back if it's unsigned!
If you're worried about signing, you can sign over an anti-tamper strip (see attachment)

[patters1978]

Re: Santander / Howard Cohen loan

right i have been reading

Now does my CCA go to robison way and do i need to do a LBA? to howard cohen..

Re: Account /Reference Number: XXXXXXX

With reference to the above agreement, I require that you provide me a true copy of the credit agreement.

I am aware that section 78(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it”. For clarification I require a copy of the agreement, any terms and conditions from the time when the agreement was executed, the current terms in force or in the alternative the notices of variation of each term as approved in Carey v HSBC Bank Plc and a copy of the cancellation notice if the agreement refers to “Your Right to Cancel” within it. I also require a statement as laid out also within section 78(1)(a-c). If there weren’t any terms and conditions then please confirm this in your response.

I am entitled to receive the information on request. I enclose a payment of £1.00, which represents the fee payable under the Consumer Credit Act 1974.

I understand that Consumer Credit (Prescribed periods for Giving Information) regulations 1983 (SI 1983/1569) at regulation 2 sets out the required time frame for compliance with this request as being 12 working days from receipt.
In the event that you do not consider yourselves the “creditor” I direct you to s189 Consumer Credit Act and the leading case of Jones v Link Financial Ltd [2012] EWHC 2402 (QB) (22 August 2012) which confirms that assignees of an account are the creditor and must comply with statutory duties.

I look forward to hearing from you

Yours faithfully

thanks to amethyst thats the CCA im doing? is that correct?
and anyone got a LBA template if need it?

many many thanks

[patters1978]

Re: Santander / Howard Cohen loan

Anyone this needed to go today?