Cahoot

fermi

I would. At least then they know that you're not going to sit around for ever while they mess around. They then have a deadline after which they know you can take the complaint on to the authorities if not sorted by that point.

yellowlawn

Okay have emailed your points across to Cahoot. Incidentally the default was started on 23/03/2011 according to my Credit File with Experian.

yellowlawn

Okay update from Cahoot:

Dear

I am writing to you in response to the email received, dated 10th April 2012. I am taking ownership of your case in order to provide you with a response to the issues raised.

After reviewing the information provided and checking the notes on your account I can see that your complaint is in relation to a debit balance that has accrued on the account and the data recorded on the credit file as a result. You believe this is inaccurate and that you requested the account closed which was not actioned

Having checked the internet history of the email addresses we hold on file, and calling our collections department, we have not found any request for the account closure. In addition, to close an account we require there first be a zero balance. This was never achieved so we would never haven in a position to close the account.

The result debit interest was generated by a payment made on the account taking the balance into the overdraft, which was never corrected, and resulted in further debit interest and charges.

As such, we believe the data held on the credit file is accurate and is a true reflection of the management of the account and will remain.

I hope I have resolved the issue(s) you raised with us. If you are unhappy with my decision, you can refer your complaint to our Central Complaints team.

You can either write to: PO Box 5129, Santander House, Grafton Gate East, Milton Keynes, MK10 1PQ,
Email: [EMAIL="complaints@santander.co.uk"]complaints@santander.co.uk[/EMAIL] or,
Call: 0845 600 6014 (please press option 2, followed by option 6) or Type talk on: 18001 0845 600 6014.

If you are still unhappy with our outcome you may have the availability of referring your complaint to the Financial Ombudsman Service.

If we do not hear from you within 8 weeks we will consider your complaint closed.

Kind regards,

Michael Brown

fermi

:rotfl::rotfl:

What a pathetic response.

Did they provide details of when the account went OD and how?

As for the rest of the points they claim to have addressed, they have failed completely.

They know that if they are to record a default on the account, then it must be done within 6 months of any "breakdown" of the relationship between the account holder and creditor.

See: https://forums.moneysavingexpert.com/discussion/3172602

If their claim of an unpaid unplanned OD is true, then waiting 7 years to file a default cannot possibly be considered fair.

The claim that it is an accurate reflection of the account conduct is likewise a ludicrous claim. :rotfl:

I would certainly be taking that complaint onwards as suggested.

As a last chance for them to sort it. FOS and ICO can be a lengthy process, so would still be simpler if it could be sorted direct.

Then on to the ICO and FOS as required if they don't sort their mess out.

As before the complaint taking the 2 strands of.

(a) Have they proved that this debt actually occurred and that you are liable? If not, then any demand for payment are against OFT guidelines, and the recording of a default is inaccurate.

(b) If the debt is valid, then the previous points.

With a bit of clarification, as Santander staff are obviously a bit undereducated on requirements of defaults and the DPA.

i.e

- You have had no dealings with cahoot for xx years.
- On the details they have provided, even if the debt was valid (which you dispute) the debt would be statute barred.
- As such, any further demand for payment will be treated as harassment and reported to the OFT and trading standards.
- The recent default they have registered on your file is in breach of the Date Protection Act as it is inaccurate. It is inaccurate because default date of 2011 would not be an accurate reflection of the account history Cahoot claims, and would be in breach of ICO guidelines on the recording of defaults.
- You require that they remove the false/inaccurate default information immediately.
- That if they do not you will be making a formal complaint regarding breaches of the Data Protection Act by Cahoot to the ICO and as suggested to the FOS.
- That you require a final response from Cahoot that you can take on to a formal complaint with the FOS.
- That as recording a false default is an act of defamation, you will consider other formal action for reparations.

fermi

Can't honestly say I'm surprised though.

Santander have an appallingly hopeless customer service and complaint response.

I would say that usually they "can't find their arse with their hands", but most of the time I don't think they are even aware the have hands in the first place. Or an arse.

You usually have to just keep beating them round the head with the complaint until they either sort it, or you lose the will to live and go to the ICO/FOS.

yellowlawn

The emails I have included are the only responses I have had from Cahoot. With a little tweaking I sent the email you advised me to send last time. The 2 replies I have had I have posted here. I have recieved absolutely nothing else either by email, postal or whatever. Now you understand my surprise and frustration I have had dealing with them. Arrrgggghhhhhhhhhhhhh

fermi

Par for the course with Santander I'm afraid. :wall:

yellowlawn

Well I haven't got the time to argue with them, I have enough daily hassles to keep me on the loopy juice for some time.

Am contacting the ICO, I have time to wait. If the ICO rules in my favour can I also prosecute?

taffy056

You need to fully exhaust the appeal with them, you need a final response otherwise ICO may not do anything.

Hatecreditors.com

I may be playing devil's advocate here but are we getting the full picture here? Cahoot made absolutely no attempt at chasing you for the debt including letters, e-mails, phone calls?

Why was the bank account not closed down? As Cahoot have advised, there would have to be a Nil balance before account closure.

Not trying to be awkward here but I'm struggling to comprehend that Cahoot's automated statements failed every month.

I may be wrong but apologise in advance for any ear bashing I receive.