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Santander close account 2010

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Santanderclosed accounted 

2010 - defulted…
2011 -passed to  Robinson way 

Getting stament  every year is for information only, you don’t need to take any action or contact us I reposne to this Credit and debits is blank but says amount owe is 731.04

I Call them they said it’s unlikely to be passed onto a debt agency but it could be passed on again

You could pay back if you want to but don’t have to.

I don’t want to pay back if it’s already delat with, and letter should tell em too if I need to but I don’t want it sold either what should I do.

Comments

  • ThisnotThat
    ThisnotThat Posts: 500 Forumite
    500 Posts Name Dropper
    If you don't want them selling it on, pay it off.

    They can't sell a debt that doesn't exist, otherwise they're free to sell it on as they wish.
  • sim2335
    sim2335 Posts: 588 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    Is it not stattred barred anymore? they sent it to debt agency in 2011, when it defulted

    even the letter they send out every years says you don’t  need to do anything, it’s just for information

    but when I phone them they say they could sell it on but it’s unlikely they don’t know if they’re will or not.
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If it was statute barred, then it remains statute barred. 

    It's irrelevant to you whether they sell it on or not, as the rules don't change.
  • sim2335
    sim2335 Posts: 588 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    How can I find out if it’s started barred?
  • sourcrates
    sourcrates Posts: 31,516 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    sim2335 said:
    How can I find out if it’s started barred?
    If it defaulted in 2010, and you have not made any payment, or acknowledged the debt in writing, for any period of 6 years since then, its pretty safe to assume that its statute barred.

    Robinson Way are a debt purchaser, so it looks like it was sold a long time ago.

    The statements are for information purposes only, and have to be sent to comply with consumer credit act legislation.


    If anyone writes to you asking for payment of this debt in future, simply respond with a letter stating that -


    "An action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued. 

    The time to collect on this debt has now passed, and this account is now statute barred, under section 5, Limitation Act 1980".



    The onus is on the owner of the debt to prove it isn`t SB, you are not requires to prove anything.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • sim2335
    sim2335 Posts: 588 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    Thanks, it’s already defulted, so they can’t defult it twice.
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