Cool, I'll keep an eye on it. Thanks as always

Thanks DX. Two questions. 1. The account shows as healthy, all green, payments up to date etc. Is it more hassle to chase it and remove it? Or are they likely to try and re-default it at some point in the future given they view the account as still having a balance? 2. If I write, should I also remind them their agents acknowledged the account as SB so they shouldn't chase etc. Is there a template letter? I don't have any proof other than RW's acknowledgments as the old account dropped off my credit file some time ago.

Sorry to resurrect an old thread but… I’ve noted today that Santander have put this account back on my flipping credit report despite it being long statute barred! To save going back through the thread the date of default was March 2008, Robinson Way came to chase and in May 2014 acknowledged the account is SB. Why have they now added this account back onto my credit record? It states the balance is currently zero, the account has a start date of 2007 but only has records of payments being “up to date” from June 2014, which is a month after their DCA agreed the account was not enforceable! It is almost as if they are treating it as a new account. Any advice? Would explain their continued sending of “Transaction Summary Statements”.

Possibly. I would have thought them passing it on to a DCA would have meant it was closed. Robinson Way were supposed to tell them it was SB, obviously they neglected their responsibilities... I'll send the SB letter.

Ah, that's what I was unsure of (whether it was considered harassment or not). Given it is still a debt (even though it's unenforceable) I wasn't sure if they were allowed to continue with this type of contact, but will send them this.

Yep, nothing on there.

Hello all I had a hubbub with Robinson Way over a statute barred Santander overdraft. This concluded in December 2013 with Robinson Way finally acknowledging the debt was SB and them "returning the account" to Santander . Today I have again received a Transaction Summary Statement from Santander, stating the account has a balance of circa £1000. They have, this year, sent it with an explanation of what this statement actually is (I ignored them for years) and it is in essence how much they say they are owed, and they send them at least once a year while there is a balance outstanding. This is a complete waste of paper for them given this debt is well over the SB limitation and while they are within their rights to send them (I assume) I am interested to see if there is any way I can stop this as it is irksome. It fell off my credit file at least 3 years ago. Thanks P

Another question - if I apply for mediation and the other party rejects it, does the case automatically go to court? I am liable for the fees, correct?

Sorry - The particulars of claim state (in short) that as the company had at least 24 hours to notify me that they could not make the delivery on the original day I took off, they are liable for the additional day that I took off to take delivery of the blinds. I did make clear that if they had bothered to tell me that they wouldnt be able to deliver the day before, there wouldnt be a need for the claim. I read that they are only liable for the second day you took off, as you took the original day off anyway, hence the claim for the second day as opposed to the original.

Thanks for your replies thus far. For those asking, my claim is as follows: £147.50 for the day off I was forced to take, this was calculated by dividing my salary by the number of working days last year – I can prove this was taken off with a signed letter from my employer £10 for phone calls I had to make to the company to resolve the delivery specifically £50 of additional costs for my time filing the claim with the court, putting together a defence, correspondance etc and potentially attending court Plus costs. The only relevant part of their terms and conditions I can find reads as follows: If we give you a specific date on which we expect to deliver the Goods, whilst we shall use our reasonable endeavours to meet that date it is an estimate only and is subject to change. We do our best to secure delivery within the period quoted but shall not be liable for loss occasioned by delay in delivery or arising out of any cause beyond our control. We advise you do not book or arrange for a fitter to install your blinds or curtains until the order has been delivered and you have checked it is complete with no items missing. We also advise not to not to take specific time off work to wait for a delivery, on occasions and specifically during busy times our couriers can get delayed and not able to make delivery on the designated day. The option to deliver to a work or alternative address is available. While these conditions appear valid I think them emailing on the day saying they can’t meet the agreement we made takes the absolute mickey. The second highlighted line is not relevant given the courier was able to make the delivery, they just didn't bother telling me that the blinds had not been made. I will go through mediation but will the court be able to overrule the above statement?

Hello all, just after some opinions if you will. I placed an order with a company for some blinds that were advertised as next day delivery. This ended up being two days later as I placed the order late on the first day. I heard nothing from them on the first day, and on the day of delivery they contacted me at 2pm telling me that the blinds were out of stock and they wouldn't be able to deliver them for another 3 months (!). I was told to order another product, which I did, that was eventually delivered some time after the initial delivery was expected. I told them in my initial complaint (over the phone) that I was very displeased as I would have to take another day off work and they provided no satisfactory explanation as to why they felt it was OK to not bother letting me know they couldn't deliver until the day of delivery, when they would surely have known that they couldn't complete the request the day before. With this in mind I asked them to compensate me for the additional day off I had to take due to their failure to deliver. They refused despite me telling them they were liable for this. As such I have filed with the small claims court for the amount I would have been paid that day. They have filed a defence, citing the following: 1) At no point did I refer to time being of the essence (surely ordering Next Day means this was obvious, but I did tell them clearly when I made the first complaint before I ordered an alternative product) 2) I did not inform them of my intention to take a days annual leave (I told them I needed them urgently and time was of the essence, the earliest delivery date was a weekday, and I told them I would have to take another day off and could they assure me they could deliver on this date, which they did) 3) They could have delivered to my place of work (they couldn't, as I work in a secure government building and in any case expecting me to move two very large blinds 45 miles home on a rush hour train to suit them is not reasonable) 4) They state in their terms and conditions that the delivery date is an estimate only and subject to change (is it reasonable that they do this on the afternoon of the day they are expected to deliver? I don't think so) 5) The option to cancel was available to me when they said the order was delayed (I still required the product so I do not view this as relevant, my time had already been wasted). The court have suggested that I attempt to mediate, I could do this but my question is whether or not I am likely to succeed if I take it in front of a judge. I think my chances are good given they didn't bother telling me until the day they were due to deliver that they couldn't satisfy our agreement. Thoughts please, however critical... Thanks!

Just as I thought, thanks for the advice!

Hi, silly question.Had an old account with Santander that was SB in May of this year and has dropped off my credit report. We are looking to make an application for a mortgage shortly, question is as they have the old account on their records but it is not legally enforceable will they use this in their decision making as to whether or not to approve our mortgage.I suspect the answer is yes but just wanted some clarity.Thanks!psyduck

Just to let you know I today received a letter from Robinson Way apologising for the field agent's visit and informing me they have returned the account to Santander as it is statute barred. Hopefully a resolution finally - thanks for all your help chaps.

I've written a strongly worded letter to RW today and copied my complaint to the OFT.

Unfortunately I am back, I received a letter on the 1st May...well a card concealed in an envelope. Handwritten parts are in brackets: ** ROBINSON WAY For the attention of (Mr PSYDUCK) Date: (1/5) a/c number (blank) Client: (Santander) Balance: (Payment plan available) Despite numerous visits by our agent, we have been unable to make contact with you. Please contact our agent on (Phone number provided) to arrange a convenient time to visit. Agent's name: (Mr. Weaver) Alternatively you may contact one of our customer advisors on: (7 day notice) who will be pleased to discuss repayment options win you and will be sympathetic to any special circumstances you may have. ** Now I was told 6 weeks ago collection activity was on hold, haven't heard anything, and now this. I also haven't had anyone knock on the door and given th envelope has a stamp and has been posted this is very odd. The way the form is completed is also strange. Given the account is apparently on hold and they haven't been able to prove it's not SB does this warrant a formal complaint now? What do I need to say? I said very clearly in my letter to htm that they are not to send anybody to my house and to deal in writing only!

Letter dropped today - Date: 17 March 2014 Dear MR PSYDUCK Due to: Santander BANK PLC Account Number XXX Our Reference XXX Amount Due: £XXXX.XX We write to confirm that we have noted the dispute/query you have raised. We will make the necessary enquiries and let you know the outcome in due course. In the meantime we will stop all collection activity on this account. Please let us know if we can assist further. ------ They can assist by simply phoning Santander to confirm it is SB....

Thanks as always Brig!

I know, what I meant was would it show up as an open credit account, like your bank accounts, credit cards, mobile phone and loans etc do.

I didnt think so, just didnt have a definitive answer.Thanks!

Very quick question, somewhere I know I will get an answer -If I pay my car insurance monthly, does it create a record on my credit reference file as having taken out a loan? What does it appear as?Long story short I need to pay my car insurance monthly for 2-3 months and will settle the bill afterwards, just wanted to know if this would adversely affect my credit.

I'm not to be honest, but if I don't receive a response I will be writing to tell them that I consider this matter closed.

You need to send the CCA request ANYWAY to confirm that they have the right documentation and that the debt is enforceable. Why add another debt onto your pile when you may not have to pay it?You can contact DMP and send a CCA at the same time, it's not illegal to multi task!

Short update, still haven't received any response from RW. I gave them a very reasonable 10 working days to respond so I expect to hear something by the end of this week at the latest.

You're not still paying them, are you?