Santander want to default me twice for the same debt !

Dannydebt

I really need some help. I had a current account with A&L which was defaulted 11 years ago, I had a payment plan set up with A&L which I stuck to and they were happy with, now Santander have taken over and they wont accept a plan and want full repayment, and have today sent me a Default notice !.

I am panicking as I did not think you could be defaulted twice for the same debt ?, in fact this account no longer shows on my credit file as the original default for it dropped off 5 years ago !.

Can they put another default on my credit file for the same debt, so my six years would start again ?. I have tried to come to a arrangement with them but they have ignored all my letters.

The default letter I got today does not mention a default on my credit record, but only that full repayment or the debt can be passed to a debt collection agency if I don't pay in full within 14 days.

Thanks for reading.

Dannydebt

Bump !

Anyone

Dannydebt

Anyone Please ?

fermi

Have you records showing the previous default on your credit reference file?

Issuing a default notice and recording a default on your credit reference file are not the same thing.

Unfortunately they both use the word "default" which means the two separate things are frequently muddled up.

It's possible to be issued with more than one default notice if you responded to the previous ones and brought the account payments back into line within 14 days.

However, if you did that then arguably a default should not have been registered on your credit reference files. To justify a default on your credit files, you would need to not make payments required for much longer than is necessary for a default notice to be issued.

In other words, if you agreed an arrangement that was good enough for the creditor to consider the previous default notice as satisfied, then they shouldn't have put a default on your credit files.

They did, and now are threatening you with another default notice, so their behaviour and logic is contradictory and arguably wrong.

However, the bottom line is that if you have previously had a default recorded on your credit reference file then they are not allowed to record another default on there. If they do, and you have proof of the previous default, then you can demand it's removal.

Dannydebt

fermi wrote: »

Have you records showing the previous default on your credit reference file?

fermi wrote: »

Issuing a default notice and recording a default on your credit reference file are not the same thing.

Unfortunately they both use the word "default" which means the two separate things are frequently muddled up.

It's possible to be issued with more than one default notice if you responded to the previous ones and brought the account payments back into line within 14 days.

However, if you did that then arguably a default should not have been registered on your credit reference files. To justify a default on your credit files, you would need to not make payments required for much longer than is necessary for a default notice to be issued.

In other words, if you agreed an arrangement that was good enough for the creditor to consider the previous default notice as satisfied, then they shouldn't have put a default on your credit files.

They did, and now are threatening you with another default notice, so their behaviour and logic is contradictory and arguably wrong.

However, the bottom line is that if you have previously had a default recorded on your credit reference file then they are not allowed to record another default on there. If they do, and you have proof of the previous default, then you can demand it's removal.

Thank you for your kind reply. I have checked my credit reports and that account does not show on any of them, so I am unsure how they could default me again as the account is not present on my reports.

It is confusing and worrying, but this whole muddle seems to have presented itself after Santander took over A&L, before that everything ran smoothly.

I do remember receiving a default notice from A&L in 2000, and setting up and maintaining the payment arrangement with Security Investigations, which I understand was there in-house collection agency.

I am grateful for your help, as although I did not think they could issue two defaults I was not 100% sure.

The only good thing (I think) as this account no longer shows on my credit reports as the original default would have dropped off around 2006.

Thanks Again.

calicarrie

Hi just wanted to add look at the myfico forums Santander is breaking the law but they don't care! There are at least a dozen people in the same boat as you.