Help understanding SAR/Last payment

Spaceboules

Good evening,

I finally received a SAR from Santander and have been trying to workout when I last made a payment (overdraft which then built up interest). I have the CACS history and from what I can see last payment was made in 2009 (PY - Payment cleared, I assume) The CACS KEY then just shows abbreviations from 2014 - 2009 such as TA, DE, IR, OA, RA, SA & AG. I can see a debt was sold in 2014.

If this is the case, is it worth me sending a SB letter to both Resolvecall (who actually left a calling card..) & Robinson Way who have both been sending me letters about once a month? From what I can see any dealings with the bank was back in 2009.

I thought all my debts were clear as I cleared a few and my report was/is clear of anything. Until I received the letters from the above DCA's of course.

Thank for looking.

fatbelly

For an overdraft debt the cause of action date is the date the account was closed, which can be many years after the last payment in.

It would obviously have to be closed before it was sold (presumably to Hoist). I don't know if you can work that out from your information. Is there a 'default' date being reported on your credit file or does it just not appear (on any of the three agencies)?

If you're saying it does not appear then I think it is OK to assume that the account was terminated over 6 years ago and so I would send the SB letter.

Edit: Just saw your image - clearly terminated before DML were involved so 10+ years ago. Hoist have just sat on it for 5 years. Send the SB letter.

Spaceboules

Hi Fatbelly,

Interesting, thank you. There's nothing showing on any of the big three agencies. All I can see is that one year after last contact the debt had start being passed around to various DCA's

In terms of the SB letters, shall I send to both DCA's or are they both one big agency?

Thank you once again.

fatbelly

Robinson Way are part of the Hoist group and I'd just send it to them. They can call off Resolvecall.

Spaceboules

Thank you Fatbelly,

That makes is easier. I'll update with a response, I'm sure they'll want to send me one.

Spaceboules

Hi guys, I've still not posted the letter yet. Just double checking everything.
Going over the SAR, does 'Debt sold date' effect anything? I can see this was sold in 2014 to Hoist. Do DCA's usually try to use this date to come up with their own '6 year start date'?

You can see this in the photo dated 15/10/2014 right at the top.

'IR - information received/requested/updated' What exactly is this on a SAR?
And 'PY - Payment made to account' I'm guessing these are when it shows my paying towards the account.

Thank you.

fatbelly

I can't see any payment made my you in the past ten years on that image. The account was clearly terminated before that.

It's impossible to predict what nonsense they may come back with but you may find they hold their hands up and agree it's SB, which it definitely is.

mjm3346

Looks like when the debt was sold it was not statute barred so there was a short time when any acknowledgements/payments made by you to the buyer of the debt would make it still "live" today.

WhenIam64

Looks like when the debt was sold it was not statute barred so there was a short time when any acknowledgements/payments made by you to the buyer of the debt would make it still "live" today.

Isn't the issue the default date? Or when the agreement/contract might usefully be viewed as in default (as some creditors deliberately withhold defaulting)?

fatbelly

It's an overdraft so the relevant date (the 'cause of action') was when the account was closed and the balance 'called in' - probably some time in 2009.

On other consumer credit act debts the cause of action is the default date, since PRA group v Doyle

mjm3346

WhenIam64 wrote: »

Isn't the issue the default date? Or when the agreement/contract might usefully be viewed as in default (as some creditors deliberately withhold defaulting)?

[STRIKE]Generally 6 years (England) from the last acknowledgement or payment by the debtor - default date does not change the date when/if a debt becomes statue barred.[/STRIKE] Load of things