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Really need some help composing a complaint against Santander - any help greatfull


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In June 2008 having contacted Santander with regard to our mortgage account. My husband named on the title, having been diagnosed with clinical depression, signed of sick, and concern whether the mortgage payments at fixed rate capital and interest payments could be maintained.

 

Following talks with Santander we were advised that due to the product held being fixed over a term of five years not due to end until 2010 a cost would be required of 3900 should we end the agreement early. The lender went into say that an option could be to vary the product held to fixed rate interest only. Having little other options available we agreed and the first payment made over the phone the same day.

 

A few weeks later we Relieved default notices stating arrears on the account, found to be as a result of the lender charging capital repayments on the account. Raising a complaint believed the matter was resolved sadly not continued from June 08 until oct 10 . We must have signed four agreements over that period due to the lender stating not received. The last agreement signed was returned by signed for. The pressure had drastic effects on my hubbies health due to the distress ciudad and constant threats to the loss of our home. Santander however upon finally going oh yes sorry, back dated the account. However the monthly payments agreed to were being charged at an amount higher than signed in the contract. The difference only small but apparent yet even having raised complaints still unresolved. The amount agreed was £377 the amount charged was 380.38 charged for two years .

 

Sadly after this event we missed some payments and the account fell into arrears and charges and interest applied. To cut a long story short the treatment we Recieved pried to court action not advised of pried to court action due to the third party team failing to send the details when aware of the new address.

 

The courts granted an outright possession order :(

Any way the day before Santander issued the warrant for possession we served the lender with a subject access and raised complaint resulting in the warrant being suspended. After several attempts to arrange a new agreement all of which ignored as the case worker every time we called was at lunch:(

 

The firm aware if the complaint made escalated with the fos sent a letter to the house again when aware did not Live there sent stating the warrant would be reissued due to our daily to make the payments set by the judge. Please note the judge had not put a payment plan in place! It was an outright possession order.

 

Any way my biggest problem is following reciept of the sad request. All the mortgage statement did not match the originals recieved :( looking at the statements closer we found that the amounts paid for over a year were shown as lower amounts causing the account to show arrears amounts higher than should be:( all of which presented to the judge.!

Going through the statements it's like the one's provided in the statement have all been amended were as the originals show completely different capital balances payments made etc.

Even the balance shown a few months previous since being with the fso has changed and amounts taken off the capital balance not mentioned to us as to why or showing amounts on the statement going on and off

 

The adjudicater having made her decision not to uphold our complaint due to us missing payments on the account? We have however requested an ombudsman look at it but sone how having read the report it all is in the banks favour.

 

The adjudicater however has said the issues with the capital balances and statements etc would cone under a separate complaint and to be honest o have no idea how to lay the details out especially with respect to the statements showing all different amounts. I am happy to post the statements minus personal if it will help ? Any help great fully recieved as I am getting in a pickle abs re writing the complaint over and over as not quite sure how to lay it our. I actually have no idea what my capital amounts should be as all the statements contradict one another. Hope I have made some sense? Helpppl please xxxx

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I have been looking threw all the statements and the amounts on some of the statements do not appear to add up at all.! In 2009 were my annual statement shows each payment made being of a Lower amount than actualy paid there also is two payments made not even shown. The arrears for that year is shown as £1250 however having changed the amounts to the actual amounts paid and included the two payments paid and not shown the actual arrears equals to £300 and the capital balance shown is also showing an amount of 300 plus over what should be. Would we be better going in branch do u think? Rather than composing a complaint? Surely this shouldn't be allowed? Feel like I have been well and truly set up:(

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You're wasting your time with the FOS ... i've been through the whole process and in the end their decision was that charges were fairly applied because I was in arrears !!

 

They don't assess whether the amount of a charge is fair, only the circumstances under which it was applied. This is not how the law says charges must be applied.

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