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Santander PPI Claim Calculation Advice


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Hi,

 

I have had an claim ongoing against Santander for some time now & it has been before the county court for over a year now. To cut a long story short they have lost the case & judgement has been made against them but they disagree with my calculations but surprise surprise I disagree with theirs.

 

The matter claim is now for the court to decide but I was wondering if there was anyone on here that could give me the benefit of their experience & look at my calculations & what Santanders solicitor has put to the court & give me some advice on the matter.

 

I can post the details here or can send them privatley to someone if that would help.

 

Thanks in advance for any help someone can give me.

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Hi

 

Post them up (MINUS ANY PERSONAL INFORMATION) and we can have a look

 

Dx100 – Instructions on uploading pdfs

 

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

 

ims

 

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Hi ims,

 

Thanks for you quick response to my query.

I've attached two files one containing my calculation & one containg the one from Santander's solicitor. The funny thing is it's taken them almost a year to even come up with these calculations even after they had a judgement made against them they still kept offering me a total figure of £1500 which they claim included a goodwill payment of over £300 now when it comes to submitting it to the courts it's almost £350 higher with no goodwill payment funny how the calculations have changed.

 

Anyway if someone can just have a quick look through the calculations & let me know if their calculations & approach is valid, I know that I simply calculated it using the base interest so knew that it would probably be higher but then I dind't have access to a simple way of reconstructing the account.

 

Thanks again in advance for you help.

My Calculations.pdf

Bank Calculations.pdf

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  • 3 weeks later...

Hi ims,

 

Thanks for you quick response to my query, Sorry I think I messed up my last post I have a feeling that i didn't reply to you so I'll try again.

 

I've attached two files one containing my calculation & one containg the one from Santanderlink3.gif's solicitor. The funny thing is it's taken them almost a year to even come up with these calculations even after they had a judgement made against them they still kept offering me a total figure of £1500 which they claim included a goodwill paymentlink18.gif of over £300 now when it comes to submitting it to the courts it's almost £350 higher with no goodwill paymentlink18.gif funny how the calculations have changed.

 

Anyway if someone can just have a quick look through the calculations & let me know if their calculations & approach is valid, I know that I simply calculated it using the base interestlink3.gif so knew that it would probably be higher but then I dind't have access to a simple way of reconstructing the account.

 

Thanks again in advance for you help.

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Hi

 

 

Sorry missed your post for some reason.

 

I've unapproved the attachments in post #3 as they contain personal information. You should sanitize them and repost please.

 

The bank have used the fos based system of redress. In order to establish whether the figure they come to under that regime you will need to complete the attached sheet. When you've done that you should be able to compare apples with apples.

 

ims

 

FosRunningPPI v101.xls

 

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Thanks for you help ims & for spotting that I did edit the files & them posted the wrong ones into the PDF when I created it :o(

 

I have reattatched the cleaned versions along with a completed version of both the Compoun Interest Spreadsheet & the FOS one that you attatched. On the FOS one I completed it & them copied it into a new sheet & made some modifications to allow it to calculate at three interest rates.

 

Santander FOS Running PPI v101.xls

 

Santander CI Sheet v101.xls

Bank Calculations Edited.pdf

My Calculations.pdf

 

Thanks again for your help

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Hi

 

OK that's all ok now.

 

So your fos based spreadsheet gives a figure of about £260 higher than theirs.

 

Given that we cannot be as accurate as a bank's system we have to allow for a tolerance there.

 

Much will depend on whether you want to continue to push for this. You could suggest that using a fos based redress spreadsheet your figure is £260 higher and if they agree to pay that then you will accept and see what they say. This is going to come down to a bit of negotiation I think.

 

ims

 

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Thanks ims, I have to admit that they are starting to wear me down on this one I would not until this ever have considered the lengths that Santander would go to rather than simply settle the claim. This one has been before the court for over a year & their first defence was simply the limitation act, a hearing was scheduled to hear this & days before after receiving all of my documentation they wanted to withfraw that defence & submit a new defence basically admittting to it all but not agreening with the sums claimed that was last June.

 

After months of them trying to fob me off with £400 interest plus the PPI & a good will payment giving a total figure of £1250 (all with no calculations being supplied) the court made a judgement against them in November with an order to submit our calculations, this was when they engaged DWF at probably close to £1000 per hour for their lawyers. So basically to save themselves no more than a couple of thousand they have wasted months & racked up legal bills that probably are between £5,000 - 8,000 so much for proportionate costs.

 

I'm just going to send their lawyer another email (guess that'll cost them £250) to say that if they correct a couple of errors when that have attempted to take more interest rather than refund it & agree to meet all court & legal fee's them I am prepared to consider settlement prior to the case going to a further trial.

 

One quick question, once we have agreed terms is it worth asking the court to put the agreement before the judge since a judgement has already been made or would I simpley inform the court that we have agreed terms.

 

Thanks again for all your help mate it's much appreciated.

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This type of thing is usually done with a Consent Order. I will try and find someone who will understand them and perhaps even be able to help you draw one up :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part40b#IDA4BC2

 

There is some information regarding Consent orders in the government link above. One thing that concerns me is that I dont think you, as a LiP can draw up a consent order. I am sure andyorch, will pop in and explain more when he reads the S.O.S. message.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi Womble

 

What does it state on the Order of Judgment is there a figure or just a judgment.If you have the judgment already scanned perhaps upload it, lets see what options we have.You may just be able to go for execution or make application for them to be summoned for questioning EX140 CPR 71 (2).

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Hi andyorc,

 

Thanks for your reply I have scanned the two judgement orders as requested & cleaned them to remove personal details.

 

The first was issued in November & is basically just stating that Santander have lost & it's for the court to decide costs. The second are the instructions to both parties regarding the calculations to be supplied & the dates that they are to be submitted to the court.

 

 

HMCS Medway Judgement 24-11-11 Cleaned.jpg

 

One interesting this is that I think that I have discovered what I believe to be a fundamental error in the way in which the bank have made their calculations which effects the accuracy of the figures.

During certain periods the account has had several different interest rates applied during one single month to different parts of the account balance for example a promotional 0.0% rate or 18.287% for a balance transfer etc.

I believe that the bank have calculated the revised interest figures highest prevailing interest rate applicable & have not taken into account any of the lower rates applied to parts of the balance. This has the effect of increasing the revised interest figure & lowering the refunds sum. Since all they have done is to calculate the revised interest & deduct this from the original interest sum giving the refund. One example of this are the figures supplied for 14/01/2010 the original balance was £2,699.69 & interest has been applied at £42.59, in the recalculated figures the balance is calculated as £1,803.83 yet the interest has been calculated as £34.16 giving a refund of only £8.43 when in reality a difference of £895.86 (£2,699.69 - £1,803.83) would have incurred a refund £16.97 if calculated at the rate of 25.249%.

 

The only simple way that I can see to recalculate this is rather than calculate the revised interest & deduct this from the original interest sum giving the refund is to calculate the refund since this is at a know percentage on a known sum & deduct this from the original interest giving the revised interest.

I have today informed the banks solicitor of this what I beleive to be error so she will now be aware that I will being it before the court to challenge the accuracy should it go that far.

HMCS Medway Judgement 18-01-12 Edited.jpg

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Hi Womble

 

Unfortunately your uploads are too small to decipher, can you convert them to PDF and upload again.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Hi Womble

 

Ok Judgment amount to be decided by the Court on compliance of the Order. None compliance needs to be reported to the Court and request the amount be set by the Court.(You the Claimant point 3 of the Judgment) by the 18th April 2012.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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