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Right of offset

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  • Right of offset

    A general question. Many years ago I had an account with Santander. It was defaulted maybe 12 years ago with no acknowledgment since. About every 6 months I receive a statement although it might be longer since the last one. I have been offered a Santander CC ( subject to final checks) but wonder if I did get one, could they then offset payments to this credit card against this supposed debt.

    I can cope without the card - just wondered
    Tags: None

  • #2
    Originally posted by Matty B View Post
    A general question. Many years ago I had an account with Santander. It was defaulted maybe 12 years ago with no acknowledgment since. About every 6 months I receive a statement although it might be longer since the last one. I have been offered a Santander CC ( subject to final checks) but wonder if I did get one, could they then offset payments to this credit card against this supposed debt.

    I can cope without the card - just wondered
    It would be statute barred, providing no payment or acknowledgement in writing in writing over the last 6 years (and no CCJ).
    What exactly does it say in the T's & C's regards offset.
    Say they did, you would raise a complaint and take the matter to the FOS.

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    • #3
      I haven’t yet applied. Of course SB in England still means it is collectible just not enforceable. I will have a further look.

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      • #4
        Offset may be possible. Why not get a card from another provider?
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Guides and handbooks for Litigants in Person - :

        https://legalbeagles.info/forums/for...60#post1701560

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        • #5
          I did apply for a card and it was set up. They gave me my existing user number. When I logged in my old current account was gone but there was an everyday saver in there with a huge 4p balance. Odd how that was never used against the other account. I will decide what to do- I might cancel the agreement as frankly I have a lot of available credit on my various credit cards

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