Taking robbersway to court over santander 'debt'

[doomc23]

I am looking to bring a debt recovery agency to court

on the grounds that they have no proof of a debt that i held.

 

 

I asked for documentation to prove the the debt which they are yet unable to produce.

 

 

Below is the full story. I would really love some advice and information

 

My reasoning for bringing them to court is because there is no accountability with this debt.

No paper trail, no nothing.

 

 

When i asked the company 5 months back to show me where this debt had come from

they were unable to produce the documents"

 

it came from a santander account i closed 4 years ago at £0.

I was then sent a letter (8 months later) saying that i owed santander £688.

 

When i contacted santander to ask why this was

i was informed that it was down to a sky bill that was due to come out of my account.

I did pay thatbwill so im not sure how this happened.

 

 

supposedly this was just a £30 charge and it kept snowballing as i didnt pay the £30 (I knew nothing about)

and so on and so on.

 

When i called into the bank to speak with the manager they informed me that i had to pay the fee.

I asked why i was never told when i was closing the account that these would still be direct debit

or why wasnt i informed sooner before it reached this unpayable amount.

 

If i got a loan from the bank i would have felt morally obliged to pay it but i wasnt paying back something that i never borrowed.

 

It was then passed on to robinson way where i left it until the past 6 months as i now am applying for a mortgage.

 

I was young and never taught how a bank operated, to screw the people.

I always just thought it was there to store my money.

These are things that should be taught in school.

 

 

i now have a bit of insight and i want to fight this.

Any advice would be much appreciated.

The road i have taken is for this company to show documents which until this day the cannot.

 

Thanks all

[maroondevo52]

Hello and Welcome,

 

Did you send a Subject Access Request to Santander.

[doomc23]

thanks very much for this helpful reply my friend.

 

Do i address it to santander or to the debt recovery agency?

[silverfox1961]

Hi

I would suggest you don't take court action. To do that, you will need to find the proof that the bank messed up however if they issued, they would have to prove they did everything right which would be hard IMO.

 

Tell the DCA in no uncertain terms to go away and deal with Santander directly by sending the SAR as advised and raising a formal complaint in writing so that if they did reject your complaint, you can them go to the Ombudsman.

 

You do have to wonder why Sky took a direct debit when the bill had been paid so it may be worth contacting them to see what they have to say.

[unclebulgaria67]

A lot of people don't realise that if you have a payment going through the banking system, it can reopen an account you recently closed. The Bank should look at the normal date of payment for any Direct Debit and if it is outside of the normal date, they should consider the fact that you having closed the account, meant you did not want any further DD's to go through.

 

As advised you need to SAR Santander for full information, including all statements of account. If you find that Santander made a mistake allowing a payment through, then you might be able to get the debt written off.

 

If there is any debt on your credit record, you can contact credit reference agencies to post a note of dispute against entries.

[Bazooka Boo]

Certainly as UB says, check your credit file and see if this appears on there, this would be the ONLY way of taking any legal action against satans bank, NOT the DCA, for defamation if you can prove that you have been financially disadvantaged by this incorrect data being on there, that is if it is incorrect.

 

SAR (£10) to satans bank.

 

IGNORE the powerless, toothless DCA who is??

[dx100uk]

are you saying

in your round about way

 

 

that you've discovered a defaulted account

once a santander bank account

that was defaultted by them

and latterly sold to Hoist

and now you've found the default

and its prevented you from getting a mortgage?

 

 

and what you really need doing, is to get the default removed

and though court was the way to do it?

[doomc23]

are you saying

in your round about way

 

that you've discovered a defaulted account

once a santander bank account

that was defaultted by them

and latterly sold to Hoist

and now you've found the default

and its prevented you from getting a mortgage?

 

and what you really need doing, is to get the default removed

and though court was the way to do it?

 

reading a few other forums

i was advised to seek proof that the debt really existed and try to have the default removed this way.

 

 

As stated its not something ive ever had on my file and wondered what was my best step to get the default removed as i feel its unjust.

 

 

I will reiterate that debt is something i have never been in and i always pay back my loans.

This i feel is unjust and want it removed for the reasons of

A) yes its affecting my ability to get a mortgage and

b) that it is clearly wrong that a bank can just do this.

 

if you have a better approach i would greatly appreciate your advice

[dx100uk]

get the info first

so SAR satans bank

and find out what the debt really is

if its all penalty charges and the interest those have caused

then you have a very good case to demand satans bank remove the default.

 

 

what date is the default please.?

[Bazooka Boo]

I will reiterate that debt is something i have never been in and i always pay back my loans.

This i feel is unjust and want it removed for the reasons of

A) yes its affecting my ability to get a mortgage and

b) that it is clearly wrong that a bank can just do this.

 

Well if you can prove that this is having an effect on you getting a mortgage, then make sure it's well documented, and then should they fail to remove the adverse data, you will be able to sue them for defamation and add the price tag to it.

[doomc23]

The date of the default is Feburary 2012.

 

I will send this letter to santander asap.

 

The only thing it can be is penalty charges

 

Thanks folks

[doomc23]

Just an update for you helpful posters. I went into my local bank to personally hand the letter in and my cheque for £10. I was then asked to fill out a form for these documents. They are sending it off to head office for the details. they handed me back my letter and sent off the other forms which i have a receipt for. Im just kicking myself that i didnt tell them to also attach my letter so they know the importance of the matter. What happens if they dont respond within forty days?

[Bazooka Boo]

If they dont respond within 40 calender days then you report them to the ICO for failure to comply with your legal request.

 

What you may find is that it is sent out to you in dribs and drabs, if after the 40 days are up, and you feel there is more documents they've failed to send you, then you can send them a letter asking if they have satisfied the SAR or is there any more info to come.