Fraud with Santander- **SUCCESSFULLY RESOLVED**

[me01273]

Hi everyone, I'm at my wits end with Santander now.

About 2 years ago, someone opened and account at Santander (I think Abbey at the time) in my name and somehow put the account roughly £500 overdrawn.

 

The first I knew of this was about a year ago, when I got a statement through the post showing the amount owed.

 

I immediately went into branch to query, and they told me the account was closed and to contact the Fraud dept.

 

I called the fraud dept who asked for copies of the statements, drivers license etc.

I had no reason not to comply,

surely the Fraud dept would take me seriously!

They had all my contact details, even my correct phone number! I don't know how.

 

I was told the account was closed and had already been through collections.

 

The funny thing is that I've never heard anything from them.

 

Surely if they had my address and phone number for a year and the account had gone through collections, I would of heard something, a letter, a phone call, debt collectors, anything.

 

Here's where the fun starts,

I've recently moved and attempted to give them my new address.

 

They told me that as the account is closed, no personal details can be amended!

I was gobsmacked to say the least.

 

On top of that, they said that all correspondence will be by post and they can't give me updates on the Fraud investigation over the phone.

 

I have been calling them every few weeks since then to dig for as much info as I can, but in the last call, they told me that the Fraud investigation had been closed

because I hadn't responded to their letters.

 

And to complicate things further, I have recently changed my name via Deed Poll, so I am a different person calling pretending to be my old name! I really don't know what to do.

 

I could just leave it, their not contacting me, but I'll have a default on my credit file for the next 4 and a half years if I do that (albeit in my old name).

 

Someone please help me, I'm really lost with this one.

 

Kind regards David

[citizenB]

So you have contacted Santander to give them a new address in order to be updated on the Fraud enquiry, yes ?

 

I suggest you do in fact keep all communication regarding this matter in writing as at some time you might just have to issue a claim against them for misreporting on your credit files.

 

I would advise, as a matter of urgency, that you rustle up a copy of your credit files from the 3 main agencies. Just to ensure that your Credit files arent being trashed. It will cost you £2.00 for each CRA, althernatively you can do it online, on a 30 day freebie.. but do ensure you cancel well in time.

 

Company Secretary

Equifax Limited

Capital House

25 Chapel Street

London

NW1 5DS

Company Secretary

Experian Limited

Talbot House

Talbot Street

Nottingham

NG80 1TH

Company Secretary

CallCredit Limited

1, Park Lane,

LEEDS

West Yorkshire

LS3 1EP

[me01273]

Thanks for your reply citizenB, I already have a copy of my credit report from Experian (Would I benefit getting it from Equifax and CallCredit as well?), which shows an unsettled debt in default and has severely brought my credit score down. I was thinking of sending a letter along the lines of a CCA request but I have been told that the account was a current account, so would a credit agreement apply in this case? Can I make a complaint to the OFT or some other organization that might help resolve this matter? Kind regards David

[citizenB]

Yes, there is no point in requesting a CCA for a current account.. I would think your only option would be a Subject Access Request, which will cost you £10.00 but should give you access to all information regarding your personal finances with the bank.. there is a template in the CAG library for this.

[me01273]

Thanks for your advice. SAR went out last week recorded. Received by them on 31/08, so now just to 40 day waiting game. David

[me01273]

Hi, I got a reply to my SAR. It appears that they are only holding basic information on me (name, address, phone number, occupation), some of which is incorrect. Crucially, there is no account information on file and no ID is held on file either. What are my options here? Foremost, I need to get the Default removed from my credit file, but this has caused me a massive headache, not to mention making it impossible for me to get any form of credit. Based on that, would it be acceptable to go after compensation? Any advice greatly appreciated. me01273

[citizenB]

TBH, I really dont know. It would appear that you have been a victim of identiy fraud, but without them engaging with you, I just dont know how this can be resolved. I have flagged your thread for the site team, perhaps someone else will have some ideas

[me01273]

Thanks for replying CitezanB. I really hope that someone out there will have some advice on what I can do. I really am at a dead end and none of this is of my fault

[citizenB]

The only other thing I can suggest is that you make a complaint to the Financial Ombudsman in the first instance. Advise that the bank is refusing to respond to your letters, even though you have proof they have been delivered. I think they have the option to make the company compensate you for any damage to reputation etc.

 

As for the lack of information within the Subject Access Request. What do you think you should have received, perhaps information regarding the fraud investigation.. I dont see that mentioned? In which case you have a perfect excuse to make a further complaint to the Information Commissioner's office. They will also be able to order the company to remove the default if it has been applied incorrectly. Although I am not sure whether you would obtain compensation from them. However, if they were to find the company was at fault, you could then start an action against the bank for compensation.

 

 

 

HTH

[me01273]

Hi,

 

Right, I might actually be getting somewhere. I wrote another letter, this time to central complaints. They opened up a fraud case and have now concluded that. Unfortunately, it wasn't a positive response, which I suppose was to be expected.

They are using the this logic:

"Because we can't prove that the account was opened fraudulently, we are still holding you [me] liable."

I don't feel this is very fair. I could now go to the ombudsman, but I've not heard good things about them. Do I have any case to take this to court? I really want to clear this up soon, I'm trying to get a mortgage.

 

They don't hold any ID on file for me, so it should be obvious to anyone looking at the account that it was opened fraudulently.

 

Ideas?

 

David

[citizenB]

Will flag this for site team for you.

[BankFodder]

I think that you need to lay out everything that has happened in bullet pointed form in chronological order.

 

Make sure that it is precise and factual - in other words, don't go on and on.

Let us see a copy here if you like.

 

Go to a solicitor and have it sworn as an affidavit. This means that it is a sworn statement and that you would be committing perjury if it was untrue.

 

Get several copies all stamped in the original from the solicitors.

 

Send a copy to the police with an explanatory letter and reporting it as a crime.

Send a copy to the CRA and tell them that you want your credit file entry removed

 

Send a copy to the bank. Tell the bank that if they don't act on it immediately that you will either go to the FOS or to court.

 

If you go to the FOS it will take up to 2 years and they will probably do very little.

 

If you go to court and allege a breach of the Data Protection Act you will start to be taken seriously by the bank and they will deal with it properly. If they don't then they will be required to provide all of their evidence to a judge who will be very demanding about the standards they are using. You can also include a cliam under BCOBS for unfair treatment in that they have not addresed your concerns correctly or fairly.

 

Decide which route you want to take - but don't bother to bluff, you won't get anywhere

[me01273]

Thanks for your last reply BankFodder.

 

Here's the position I'm in. The police have said they won't touch it as it's an issue with the bank (Madness!). The CRA's are still doing stuff (communitcating with Santander probably or just wasting time), been a while since my last letter from them. Santander still haven't acknowledged that anything has actually happened and so I need to push this to court now. I'll be sending them an LBA in the next few days, but I need to know what the particulars of my claim will be. I'm a little unsure of what exact laws they have broken so what do I take them to court for? I can't just say breach of DPA.

 

Really apreciate your help

[me01273]

Bump. Anyone?

[me01273]

I have started to look at the legislation myself and I have written a LBA that I think will be OK, but hoping that someone may be able to let me know if I'm about to make a pratt of myself.

 

Here is the letter I've written:

 

LETTER BEFORE ACTION

I refer to our previous correspondence with regard to a bank account that you hold that I did not open. I have given you plenty of time to resolve my complaint, but now I feel that you are just delaying investigating this matter to cost me time.

Please take note that unless I hear from you within 14 days with your proposals to settle this matter in full, I shall be issuing proceedings against you in the County Court of X for breach of Schedule 1, Schedule 2 and Schedule 3 of the Data Protection Act 1998 together with a claim for damages and distress under section 13 of the Data Protection Act 1998 plus costs.

Yours sincerely

 

What do you think?

[me01273]

YAY! Success. I had to start a claim in the small claims court. They settled with £200 compensation 6 days before the court date and agreed to drop the debt and remove the default, which has now happened.

 

Thanks for your help citezenB and BankFodder.

[citizenB]

Well done you for persevering with this. I have amended your thread title to reflect success.

 

Excellent news