No record of receiving a default notice letter from bank

55chevy

I hope someone can help a newbie by answering a simple question. On checking my Experian credit rating I found out that Santander have attached a default notice against my record for an unpaid overdraft that was on an account that was on hold due to the recent court issue of unfair bank charges. I have written to Santander who replied that they had sent me a warning letter in Jan 2010. Unfortunately I have not received any such letter from them. Are they required to send default notices by recorded delivery in order to prove receipt or should I appeal to them remove the default notice and I will repay the overdraft (which I do not dispute). Thanks in advance.

DarkConvict

Santander is required to send you a default notice, but only by normal post. Legally any letters sent are assumed to have arrived, is the view of the courts.
If it was lost in the post then atleast in all probability the actual default letter should arrive, have you had any trouble with the post lately?

If you pay the amount the default will not be removed, it will just be marked as settled. The default will stay on the credit file for 6 years.

Your only hope here is if Santander as saying they sent a default notice is to either SAR them and see if they really did (although a default notice can be typed up tomorrow so it doesn't really work). Or contact Santander and say you never received the letter the account was no longer on hold so are willing to pay the amount in full within 14 days if they will remove the default notice from your file.

Always communicate in writing.

55chevy

Thanks for the response. I am not aware of any postal problems locally and have responded to Santander pretty much as you suggested. I just hope they are in an understanding mood when they respond. (PS what is SAR?). Many thanks

DarkConvict

Sorry, A SAR is a subject access request. Basically you want copies of all information they hold on you. The idea here is to trip them up and see if they send you the default notice. http://forums.moneysavingexpert.com/showpost.html?p=30356311&postcount=22

Santandar may take the line that the OFT case in November was splashed over the papers for nearly a week so that should have given an indication of changes to come, in addition to the letters they had sent.

55chevy

Thanks DC. I will wait and see how they respond to my "nice" letter pleading truthful ignorance and then decide what to do next. Will keep you informed. Many thanks again.

55chevy

I know I am a newbie but does a bank overdraft fall under the CCA? Thanks again for your help.