santander letter before action

[daz1034]

Hi

 

First of great site been such a help reading over the posts.

 

I have a number of complaints on going with santander one of which i have had a final response to they offer me a £100.

 

I have written a letter before action that i want to send to them i do not want to use the ombudsman as to prove my case i need them to provide documents which they refuse to send as part of my SAR request.

 

I have used bits out of a few templates to put my letter together ( i have never written a letter shocking i know ) I am also dyslexic plus not that great at expressing my thoughts on paper and would love your opinions and suggestions on my letter i have added it below.

 

I have never really complained before i tend to find it easier to moan and forget but santander make my blood boil

 

 

 

As it has not been possible to resolve this matter amicably and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct contained within the courts Civil Procedure Rules.

 

The summary of the claim is as follows:

 

Santander failed to handle my visa debit card dispute in an efficient professional competent manner

This has not only deprived me of the £1700 which Santander was asked to dispute but also has cost me 50 hours of my time and £350 in phone bills.

 

I requested Santander to issue a visa debit card dispute on 01/02/2012.

 

I completed the dispute form and returned it to Santander at which point Santander sent out a new form stating the first one was not completed properly. I called to ask what in particular was not completed incorrectly and was informed that no reason was given and only the fact it was not completed correctly. The adviser told me to take the new form in to a Santander branch and ask form a member of staff to help me complete the form which i did the form was completed by the branch manager and fax from the branch. Only to be returned again when I call to find out the reason i was informed again that no reason was listed in the notes.

 

This cycle continued a future 7 times at which point i was asked to fax my completed form to the fraud team to review and pass on to the disputes team I did this and was informed by the fraud team that the form was correctly completed and they would pass it on and there should be no more problems sadly this did not happen.

 

After 3 months of this i was asked to provide proof that the company i made the payment to had promised the refund i sent emails from the company which clearly state this fact the emails all so contained disputed allegations against myself which are just that unproven and untrue but what is clear is the offer of a full refund of monies paid.

 

Santander rejected my claim on the grounds of the company’s unproven and totally untrue allegations without asking for any clarification from me or the company.

 

I also have concerns that a member of your staff ------ ---- has acted dishonestly from the information i have available to me ---- ---- does not work in the disputes department yet over a month be for Santander rejected the claim she informed me that she had called the company and that the claim would be rejected. This concerned me greatly as ---- ---- shares the same surname as the company director involved in the dispute and as ---- informed me handling card disputes was not part of her job or even the job of the department she worked in so i find it troubling she took it upon herself to contact the company and then informed me by phone that she will see to it that this dispute is rejected. (Her words) .

 

You have also failed to respond in full to my subject access request failing to provide any information from both your fraud department and disputes department.

 

 

 

 

I would like to request you make immediate payment in full of £3450.00.

 

The breakdown of how I come to the above sum is:

 

1) £1700 to cover the loss of the disputed transaction.

2) £1250 to cover 50 hours of my time at £25 per hour.

3) £250 to cover phone and fax costs.

4) £250 to compensation.

 

 

In accordance with Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:

 

1) All correspondents between Santander and company name in regards to this dispute.

2) All internal correspondents between staff and departments relating to this dispute

3) All notes, printouts screen shots from both your fraud department and your visa disputes department.

4) All call recordings between Santander and company name in particular between ---- ---- and company name on 17/04/2012.

5) All call recording between me and Santander in particular between ---- ---- and me on 17/04/2012.

 

 

I may request more documents if deemed necessary.

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution in order to avoid the need for this matter to be resolved by the courts and would invite you to put forward any proposals in this regard.

 

In closing I would draw your attention to Rule 4 of the Practice Direction contained within Section II of the Pre- Action Protocol. Rule 4.4 gives the courts power to impose sanctions if you fail to comply with the Direction conduct, such as failing to respond to this letter before issuing a claim would merit such sanctions. Additionally should proceedings begin this may increase your liability for costs. I look forward to hearing from you within the next 14 days, should I not receive a response to my letter within this timeframe then I anticipate that court action will be commenced with no further reference to you.

 

Yours sincerely

Edited August 7, 2012 by Conniff
edited names

[Conniff]

Hi daz. I've edited out the names from the post, but they are fine to be in your letter.

[citizenB]

Just an observation, if this were to go to court, then you would only be able to charge £18.00 an hour for your time.

 

You might want to check your letter for spelling and grammar - other than that, it looks fine to me

 

Have they given you any reason why they are not providing this information within your SAR ?

[daz1034]

Basicy i think there are a number of reasons why they have not sent all the info

 

The main one is my account was subjected to internal fraud which they have admitted and said they corrected only to find it on my credit report also information relation to that is missing.

Plus al info relating to this claim is all so missing.

 

Am not to to concerned about the money to the point am tempted to ask for an amount that was large enough to force them to go to court as i wont the info and i just want to make my self feel better by winning ( i know this is not a good reason to try to take a big bank to court with limitless funds ) am not going to as i don't want my case to be hurt by asking for stupid money which would defeat the object of this process

 

As i said in my post i have and normally do just forget about this stuff but they have got to me and i think its time to draw a line and make a stand lol