Partial success with Santander(ex Alliance and Liecester - miss sold overdraft)

[pa38]

Hello to everyone this is my first posting,

although I have used this forum as a resource.

 

Santander (ex Alliance and Leicester) have offered me a nice sum for miss sold overdraft cover, a version of PPI but only going back six years.

 

Although I have had an account there for at least twenty years!

Is this correct?

 

They state that they only hold six years statements (very convenient) and can go back no further,

I am sure I read somewhere that they can estimate the redress due even though no statements are available.

 

I might have one or two old statement in my shed but nowhere near over fourteen years worth…

 

Will I have to accept the very generous offer or can I push harder and get proper redress?

[dx100uk]

you they / should can guestimate

its on the fos site

 

hae you sar'd them

 

I don't believe them for one minute

they don't exist

 

dx

[pa38]

I have turned my shed upside down and found a statement just 1 dated Dec 00, and it shows a direct debit for OD protection, this shows I was paying it in 2000.

I wonder if some of the wiser people on here could point me in the right direction re wording a letter saying "your a pack of lying ****" but in a nice legal way ;-)

[dx100uk]

you can't really complain until you have requested

the data legally & been refused.

 

however, you 'could' write back rejecting their off

and including your statement found

 

as 'an example' of the data you hold.

 

and then sar them by sep cover

 

dx

[pa38]

While hunting for old bank statements I found a statement for an Alliance and Leicester (now Santander) account it was called Flexiplan and was a sort of rolling credit.I had forgotten all about this because it’s dated 20th Oct 2000, I have the account number, and was paying PPI on it.I have already had success claiming against Santander for my current account overdraft protection, is it worth pursuing and do I have enough with one statement to claim for PPI on this account, as it was so long ago, will they scream it’s over 6 years so we have no records???

Edited April 12, 2013 by pa38
Wrong year in title

[ims21]

Always worth a go in my opinion.

 

They may indeed throw up the 6 year bit and if the account was closed more than 6 years ago then they may be telling the truth.

 

Nothing ventured, nothing gained.

[pa38]

I was made an offer in April by Santander of £1,200 on my overdraft cover, Santander stated that was for the last six years as they had no records beyond six years.

They stated that if I had any statements beyond six years they would look at my claim again.

Unfortunately for them I found several dating back to 1999, that showed cover payments and sent them off (copies).

I am still waiting for a response, do I allow 8 weeks for the re-investigation or do I keep the pressure on ;-)

[ims21]

Keep the pressure on.

 

They know very well that they have records beyond six years but are trying to minimise their cash payouts.

 

If they claim not to have these records then you should tell them that you want your award worked out on an average payment for the missing months/years.

 

These people were all too quick to relieve their victims of money but will will do all they can to continue in their untrustworthy antics to frustrate claimants.

[pa38]

Is there a specific of case law relating to an average payment,(how do I word the letter) and is it back to start of the account, its over 20 years.......

[ims21]

This isn't a matter of case law but the regulators suggest that an average payment can be calculated where it is clear that premiums have been paid.

 

When you say you found "several" statements, how many are we talking and for what period of time?

 

Would you say that your overdraft amount remained fairly constant for the missing period?

 

Have you ever sent them a subject access request to get as much data from them as you can? If not, it might be worth it.

 

Doesn't matter about the 20 years...there is no time limit as such on PPI claims.

 

If you can provide the above information then we can help you with your letter and some calculations.

[pa38]

I have added a copy of the letter I received from Santander, I have five statements ranging from April 99 to April 01 and on each payment to protection plan is £2.16 per month.I can’t remember when the premium started to be charged, but I am sure it was at the same time the account was opened in the mid 80’s.I haven’t sent a SAR because they claim several times they have no records beyond September 06.I wonder if someone more informed than me could give me an estimate of what to expect back, and could it be backdated beyond April 99?

[ims21]

O would write back to them saying that you are not satisfied as to the accuracy of their figures at the moment and that you want this looked at further in view of the copies of older statements you have provided.

 

Tell them that you do not believe them when they say they have no records further back than six years and you feel that they are attempting to frustrate a legitimate claim.

 

Tell them that you are quite prepared to involve fos in this matter in order that a fair outcome is achieved and not one that is biased towards towards the bank.

 

I notice they have come clean and offered a refund of overdraft fees etc. which is a step in the right direction.

[pa38]

Thanks for the reply, I did write back it wiil be 8 weeks on the 21st of June, I included the copies of statements I had, and asked them to look at may claim again.Do they have to reply within 8 weeks as it is an ongoing complaint? As the account is still open and active I can't belive they have no recored any further back, if they don't how could they defend complaints without the original paperwork?

[ims21]

It is an ongoing complaint but you need to keep the pressure on them.

 

Don't forget that the banks will do everything they can to avoid repaying people and if you expect fair treatment from a bank you need to adjust your thinking.

 

We know and they know that they have data going back more than six years....there are many threads on here where old stuff has mysteriously been found when the banks are pressed.