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Just read through that, she was a brave woman, but how on earth could anyone afford to take a bank to court, it must have cost a fortune.

 

I am in a position with Nationwide,

in which they have frozen my a/c,

which holds my wtc of £1250 backdated from last year.

 

They want to know my sister's income,

my income and our expenditure,

and then they might let me take some of it out.

 

I don't trust them, and when I think of the harassment that Nationwide has caused me,

as that girl had, maybe 10 - 12 automated messages a day, at all times.

 

Maybe I should just quote that ruling to them, and see what comes of it.

 

I am so frustrated at these banks, the way they treat people.

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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Just read through that, she was a brave woman, but how on earth could anyone afford to take a bank to court, it must have cost a fortune. I am in a position with Nationwide,in which they have frozen my a/c, which holds my wtc of £1250 backdated from last year. They want to know my sister's income, my income and our expenditure, and then they might let me take some of it out. I don't trust them, and when I think of the harassment that Nationwide has caused me, as that girl had, maybe 10 - 12 automated messages a day, at all times.

Maybe I should just quote that ruling to them, and see what comes of it. I am so frustrated at these banks, the way they treat people.

 

The bank rang her more than 500 times, and when she said she didn't want to speak on the phone, they were quite forceful and clearly not willing to listen to her at all:

 

"AR Why am I getting these calls when I keep asking you to stop ringing me?

Caller Is this Amanda I'm talking to, yeah?

AR Are you deaf?

Caller Right, Amanda we won't stop the calls unless we talk to you

AR And do you know that I keep asking over and over again for you to not ring me? And I will contact my bank directly and speak to them

Caller Right

AR Over and over again I keep asking you and you keep ringing me, I'm getting calls at ten past eight in the morning and ten to ten at night

Caller You will do

AR I will do? Over and over again?

Caller Yes, do you want me to stop the calls coming out to you?

AR Excuse me! How many times have I asked?

Caller Right, so we need to have a quick chat then, OK? I just need....

AR No I don't think so! Stop ringing me!

Caller OK, we'll give you a ring later

AR No you won't!

Caller Yes we will!

AR Oh, and you're just going to keep doing it over and over again?

Caller Yes, until you talk to us, OK?

AR And that's how you behave as a business is it?

Caller What? Because we want to talk?

AR You call it talking? I call it harassment!

Caller How can it be harassment if you're not going to talk to us? Have you got two minutes?"

 

They said they're going to keep ringing her until she talks to them, despite her pleas to stop.

 

She had a strong case, and if Santander is treating you even close to this badly, I think you do too!

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It is the cost of going to court that worries me, I haven't a bean and now the Nationwide want their pound of flesh as well.

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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It is the cost of going to court that worries me, I haven't a bean and now the Nationwide want their pound of flesh as well.

 

Harassment is triable in the criminal courts too. If their conduct falls low enough to be tried in a criminal court, you of course would not need to pay any costs.

 

If not, then yes, that is an unfortunate byproduct of taking somebody to court. Even though this lady won her case, she has to pay between £10,000 and £30,000 for three days of court hearings, and still owes the bank £10,000.

 

She was awarded £7,500 in damages, so she's potentially £22,500 worse off than when she started! At least she won though :p

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get your benefit paid into another account.

 

co-op do online account with very minimal checks

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I don't know why they are being so nasty

 

I've got a neighbour here that's having [was] troubles with them

with twice those arrears and no equity in the house

 

sent them the I&E and letter that ellen did for someone else here

 

and they've been as good as gold.

 

can I asuume you've told them about your medical issues

 

as they really should be treating you better here

 

have you looked at MCOBS?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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To be honest, I emailed the CEO, and he said that he would make an exception in our case, and let us capitalise the mortgage,

I am still waiting for the paperwork. But I have still kept my complaint going.

 

I have changed to another bank.

 

But it was just their harassment when I was very ill, my sister suffered, her hair fell out, and I was crying every time they phoned.

 

I will wait and see if I can get any paperwork, but this woman's case should be publicised she took on the big boys, and beat them,

although it did cost her a lot of money.

 

I did tell them at the very beginning what was happening,

so much for keeping them in the picture, and contact them as soon as you know there is going to be a difficulty.

 

Can't wait to get away from them.

 

Watch this space and see how it goes. many thanks

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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This is an update, and asking does this happen and is it legal..... We are £2300 in arrears, so Santander were going to capitalise it, wrong. We got the offer today, and over 14 years, we would be paying £12,500 in interest, and our arrears of £2300. Surely this can't be legal, and the payment has went up by £89.00 a month. Tell me is this right, as I will just sell something out of the house, or sell some jewellery, rather than let these criminals take all that money off me.

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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  • 1 month later...

Decided to carry on with my FOS case. But Santander have now put us on to their ordinary rate, which is another £60 a month, because our 2 year deal was over. Are they allowed to still put charges on our account, even though we are awaiting the outcome of the FOS complaint.

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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have you not put a PENALTY charges claim in yet?

 

just add them on if you have

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

I have come across a court case, here in Northern Ireland, where Santander were going to court to get someone's house.

 

At the court the owner £50 a month extra a month off their arrears, and they were only told at court that £38.41 of this goes on interest.

 

The judge sent Santander packing.

 

I am in arrears, and trying to come to some kind of arrangement,

but the judge said it was unlawful to put charges on arrears and interest.

 

I will see if I can find the link.

 

Seemingly they are the only people that do this?

 

http://www.courtsni.gov.uk/en-GB/Judicial%20Decisions/PublishedByYear/Documents/2013/[2013]%20NIMaster%2015/j_j_2013NIMaster15Final.htm

Edited by Lilythepink
To add web address

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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That doesnt surprise me at all with santander. They will stoop to any depths to get what they want. We've seen some right horror stories here.

 

You could say its because theyre a spanish bank, and spanish businesses arent exactly reputable.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I suppose I shouldn't be surprised, but I am going to ask for all my charges back. FOS complaint, but don't think they will do much.

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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  • 2 months later...

I complained to the FOS about my mortgage arrears, and trying to deal with Santander, whilst I was ill last year.

FOS got my charges back, and they took them off my arrears.

 

FOS said to ask immediately for a new deal, as we had missed out on any new rate, because we were in arrears.

 

 

Santander say they cannot give us a new deal because we have a bad credit rating,

which I explained was caused by them, and Nationwide putting late payment, and a default on our account.

Thankfully I am back on my feet, and back to work.

 

Can I try and change my mortgage to another company, and if not now, when,

as I want to get away from Santander, as it has been a very stressful and time consuming exercise

over the past two years, and phone calls day and night.

 

The default will not fall off for six years, so I presume I am stuck.

 

 

Any advice?

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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You don't tell us the basis upon which you got your charges back.

 

 

However, the best thing you could do as far as Santander is concerned is to go somewhere else.

You have been a problem to them and you continue to be.

If you go to another lender you no longer have any leverage and Santander have a quiet life.

 

Tell us why you got your charges back.

the fact that the FOS found in your favour tends to mean that there was some unfairness.

If your arrears and credit record have been affected by the banks unfair conduct

then I think that you have a lot of leverage under MCOBS

and it might well be possible to force them to repair your credit record.

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My charges were refunded because the FOS stepped in, and said that I had been treated unfairly,

I also had complained to the CEO.

The charges were only for £160, but now the mortgage is dearer than ever.

 

 

The house is worth around 3 times the remortgage.

 

 

Would we not be penalised for leaving them, whilst still in arrears,

or because we recapitalised the arrears of just over £2000,

is that considered as it paid off.

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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You don't say in what way they were unfair.

 

Secondly, they were only £160. Can you prove that the arrears and the credit file entry was caused purely by the imposition of only £160 charges.

This is very important. If they can say that the £160 charges is not the whole story - then you will have problems.

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I was treated unfairly by the way that they wouldn't listen to me, told me I was going to lose my house.

 

 

I kept them informed from the moment I took ill, and we paid half the mortgage,

but they kept threatening us with phone calls and letters.

 

 

Each time we rang them, we had to repeat over and over again our income/expenses,

and they told us not to pay our household bills.

 

 

We went to Stepchange, and they told us to go to the FOS.

 

 

It was just dreadful treatment we received, and they would not let us go interest free.

 

 

The FOS was on our side, because they communicated with Santander and knew the way we had been treated.

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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Did the FOS actually make a decision or did the bank simply back down?

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A person from FOS rang me to talk through the problem, I have a letter from him, telling me what Santander were going to do, and an apology from them, so I don't know who did what?

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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It sounds to me as if there was no decision or finding by the FOS.

This is a typical fudge job.

 

 

The FOS gets a deal done whereby the bank puts their hands up - but it is all as a gesture of goodwill.

They avoid adding to the list of successful complaints against them.

They get the FOS off their backs and the customer as well.

 

What they have done is to throw obstacles in your way in order to discourage you.

However, yo have persevered so they thrown in the towel.

These people are so dishonest that it makes no odds to them that they spent £400 for their FOS fee

in order to try an put you off claiming your £160.

 

However, the result is that you get your £160 - but you have no piece of paper

condemning the bank for treating you unfairly and so you have no basis for challenging your credit file.

 

Sorry, but you are just a pawn and no one cares about you - especially not the bank.

 

I'm going to say that you have done well on getting back your charges in these circumstances

but without a clear finding from the FOS I doubt whether you can go any further on this.

 

If you have the energy, you may as well begin another complaint against the bank to the FOS on the basis that

a) their charges caused the credit file entry and

b) their charges - now refunded are being used as a basis for refusing you a better value product.

 

 

Don't hold your breath but it's no skin off your nose to make the complaint

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I have just noticed that Santander gave you an apology. This is unusual and will give you more leverage in another FOS complaint

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Already started my complaint about Santander not offering me the new deal, because of credit rating, to the FOS.

 

 

I can't let them away with this

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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Good luck.

 

Post your complaint here if you want comments on it.

 

I'd like to see the wording of their apology

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