ABBEY/SANTANDER Default Notice Problem

[Northstar68]

HI Everyone,

 

Please can someone advise me as to what I should do next.

My husband and are have started a Debt Management Plan with the CCCS and we are about to enter month 3.

One of our creditors are Abbey/Santander.

We have a joint account with them with a £1300 overdraft. Since last summer when we started making token payments we have written to them explaining the situation and giving them notification of DMP letters etc sent by recorded delivery and I have the proof that they received them from Royal Mail.

They phoned back in early January to say that they were continuing to charge interest and charges because they have not heard from the CCCS.

I told them to please put everything in writing but I also said that I have proof that my letters had got through to them back in November and that I had a letter from them saying that as long as they hear from the CCCS they will stop all charges and interest on this account.(I got that on 24 December)

The woman insisted there was 'nothing' on the system.

 

In the meantime, 2 payments have been sent to Abbey/Santander but these are not showing up on the account.

The CCCS tell us that it is because of the changeover from Abbey to Santander and so many payments are being held up and we shouldnt worry.

However a letter came on the 23 January 2010 from Abbey again saying that they had not heard from the CCCS so charges will be added still.

I again contacted the CCCS, they said the same thing, dont worry.

 

My first problem is where have our 2 payments gone if they are not showing up on our account.

 

No news then until TODAY. We get 2 letters in separate envelopes.

1 dated 15 Feb 2010 and the other 16 Feb 2010!!!!!!!!!!

They only arrived on my doorstep an hour ago. ON the envelope is a barcode type thing and some letters and numbers no postmark.

 

the 15 Feb letter says

YOU HAVE BROKEN THE TERMS AND CONDITIONS OF YOUR SANTANDER BANK ACCOUNT.

By not repaying the Instant Overdraft on your account on demand, you have broken the T & C. (Back in early Nov we were told our overdraft was being removed and we had to pay it by the 1st December, impossible for us so we added it to our DMP)

The letter goes on :

I have already written to you informing that failure to pay off any overdraft amount would result in furtehr restrictions being applied,. As you have not taken the requested action (we have effing tried but they keep saying they havent received it!!!) restrictions have been applied with immediate effect. (not bothered cos we moved everything out in Nov 2009)

-Your advance overdraft limit has been cancelled.

-All other facilities and servies have now been removed

-You will shortly receive a Default Notice erved under Section 87 (1) of the Conusmer Credit Act 1974 which will explain our next actions.

You may not use your card blah blah, cut it up blah blah

and I would like to remind you that we are here to help where we can!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Then in the next envelope lo and behold is the Default Notice, dated 16 Feb received today:

 

This is a Default Notice served under Section 87 (1) of the CC Act 1974.

 

It says all the account details then :

PROVISION OF AGREEMENT BREACHED

SANTANDER BANK ACCOUNT TERMS AND CONDITIONS

 

NATURE OF BREACH: Management of account not in accordance with T&C

Action required to remedy: Payment of full overdrawn balance plus pending interest and fees to us within 14 days of service of this notice.

I only received it today, it was dated the 16th.

If the action required by this notice is taken before the date shown (?) no further enforcement action will be taken in respect of the breach. If you do not take the action required by this notice before the date shown then further action may be taken against you,

We may take legal proceedings against you for the recovery of this balance or we may refer your account to debt recovery agents.

Then it goes on to say about seeking advice blah blah..

 

So, where are my 2 payments? Should I write and ask them?

Also is there anything I can say to them about these 2 letters I received today?

Huge thanks for any advice.

(so sorry for long post!)

[Northstar68]

My apologies, is there anywhere else I should be posting this?

Many thanks

[dx100uk]

DN is defective anyhow

they must state an actual date DD/MM/YYYY and 14 days is not long enough anyhow.

 

now i'd stop being the piggy in the middle here and get CCCS to contact sant direct. let them sort it, thats what they are there for.

 

dx

[Davew2811]

DX, I have a similar problem with Santander...

 

Can I ask you a question? in a previous post you said overdrafts are NOT covered by the CCA?

 

If this is the case then why are Santander stating in the letter to this lady..

 

This is a Default Notice served under Section 87 (1) of the CC Act 1974.

 

D

[dx100uk]

its a ploy.

http://www.fisa.co.uk/downloads/CCA%201974.pdf

that section deals with what is a compliant default notice under that act.

 

bit like the bull dca's write you. we are solicitors, when infact one person that works in our indian office was once one.

 

the default notice might well comply to or be served under the act, but what they are chasing has nothing to do with the act whatsoever.

 

though there are some overdrafts that are under the act.

99% are not.

well thats what i have come to find after reading here for 3yrs.

 

your call

 

dx