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Santander/Wetcott and an unpaid overdraft
55chevy
Posts: 11 Forumite
Please stay with me whilst I ramble (sort of).
I have an unpaid overdraft of £7415 with Santander who in Feb2010 posted a default notice on my credit file. At no time have I received any final demand or notice of further action from Santander so I wrote and said that if they removed the default I would willing agree to an arrangement to settle the debt. They replied that they had sent me the required letters etc and they would not consider removing the default notice. Last week I received a demand from Wescot for the debt on behalf of Santander. I replied that I would negotiate a settlement provided that the default was removed. At the same time I wrote to Santander using the advanced SAR letter in order to hopefully challenge their claim that they had sent me a Notice of Default letter.
Between Feb and now I have sold my house and moved into rented whilst I try to buy a house abroad. Throughout I have used my previous address as I have a 12 month re-direct on all post. Wescot are now asking me for my last three addresses together with dates vacated quote "In order to prevent a breach of the Data Protection Act and to continue with your enquiry".
My questions are these:
1) If Santander cannot provide copies of the final demand letters, can I go to the Financial Ombudsman and demand that the Default Notice be removed and,
2) whilst I am communicating with Santander (although to date their Collections department have not answered my recorded delivery letters) can I request that Wescot suspend activity as they do not own the debt; they are merely acting on behalf of Santander and,
3) Am I legally obligued to reveal my new rental address or is my last address sufficient for communication purposes?
Again, apologies for the length but I would like to resolve the default action to my advantage.
Many thanks in advance
I have an unpaid overdraft of £7415 with Santander who in Feb2010 posted a default notice on my credit file. At no time have I received any final demand or notice of further action from Santander so I wrote and said that if they removed the default I would willing agree to an arrangement to settle the debt. They replied that they had sent me the required letters etc and they would not consider removing the default notice. Last week I received a demand from Wescot for the debt on behalf of Santander. I replied that I would negotiate a settlement provided that the default was removed. At the same time I wrote to Santander using the advanced SAR letter in order to hopefully challenge their claim that they had sent me a Notice of Default letter.
Between Feb and now I have sold my house and moved into rented whilst I try to buy a house abroad. Throughout I have used my previous address as I have a 12 month re-direct on all post. Wescot are now asking me for my last three addresses together with dates vacated quote "In order to prevent a breach of the Data Protection Act and to continue with your enquiry".
My questions are these:
1) If Santander cannot provide copies of the final demand letters, can I go to the Financial Ombudsman and demand that the Default Notice be removed and,
2) whilst I am communicating with Santander (although to date their Collections department have not answered my recorded delivery letters) can I request that Wescot suspend activity as they do not own the debt; they are merely acting on behalf of Santander and,
3) Am I legally obligued to reveal my new rental address or is my last address sufficient for communication purposes?
Again, apologies for the length but I would like to resolve the default action to my advantage.
Many thanks in advance
0
Comments
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I'm afraid I don't know the answers to most of your questions. However, I would have thought that you wouldn't have to provide your rented accomm address as it's in effect temporary and you are getting your post redirected.
Hopefully folks with more knowledge than me will be along shortly
Jan10: 28,315.81 Jan11: 18,015.32 Jan12: 7,682.58 Jan13: 2,987.73 Current debt: 1,225.55
HFC [STRIKE]1896.10. [/STRIKE] 225.55 SLC2 [STRIKE]5123.34[/STRIKE] 0 Others [STRIKE]2085[/STRIKE] 1000 Bcard [STRIKE]1172.60[/STRIKE] 0
Mike's Mob0 -
Thanks for your response niccatw. Every little bit helps. Are there any legal eagles out there that can advise me please.
Thanks in advance0
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