Default made of solely bank charges and whilst on benefits **WON**

[stenson19]

I stopped using my Santander a/c back in May 2010 as they removed my overdraft without making me aware they were doing so.

 

I cleared the overdue balance and my a/c had a credit balance of just over £1 when I transferred everything to Barclay's

and presumed the ac would close as a result of the transfer.

 

I had not been made aware of this debt other than a letter I received was in 2012 which looked like my a/c was in credit

 

so I went to store with the letter and the cashier advised the balance is a negative balance

and to await to hear from collections as the a/c is now closed.

As i never heard anything I just left as per the advice from the cashier.

 

Last month I got a copy of my credit report and all was fine,

 

this month I got another copy and

 

Santander have defaulted me on my current a/c in December 2010 on a balance of £513.46.

 

I emailed straight in to the CEO and it was picked up by a complaints manager the next day.

 

I explained I have not received a default notice and the only letter I had ever received was the one mentioned above.

 

The email I sent requested a copy of the default and a statement confirmed the balance on the a/c.

 

They emailed back today saying the default was correctly processed on 2nd September 2010 and they would not be remove the default.

(The default date on my credit report however is December 2010).

They have not provided a true copy of the default notice as requested as nowhere in the response does it suggest that will be providing one.

 

They also sent me a copy of the statements which confirms the whole of the balance is due to unauthorised overdraft fees and then fees on fees.

 

They have agreed as a gesture of good will to reduce the charges by £371.90 to £141.56 without me querying the charges directly (which I find unusual).

 

Am I right in assuming they must provide me with a copy of the default within 14 days of my request

and if they don’t then they are acting unlawfully?

 

Why would a business such as Santander remove charges without them being questioned?

I believe they would have this all stitched up in their T&C but i believe this due to the fairly new banking code of practice

which confirms bank charges on bank charges is unfair and now unlawful too.

I also believe this is case law now due to a recent case against RBS.

Edited April 17, 2014 by stenson19
Grammer error.

[dx100uk]

they don't have to produce any DN under any timeframe.

 

you could SAR them.

 

then there must be 'some' mention that a default was sent.

though they don't have to provide a dn copy.

 

however.

 

under ICO guidelines and BCOBS [which refs to the case you mention , click bcobs]

 

the sum on a default notice makes it invalid if it was solely made of PENALTY charges.

[stenson19]

under ICO guidelines and BCOBS [which refs to the case you mention , click bcobs]

 

the sum on a default notice makes it invalid if it was solely made of PENALTY charges.

 

The whole defaulted balance is made up of 100% charges.

 

I was also on JSA at the time on the normal £110 a fortnight

but they was charging me roughly 110 to 150pm in charges

which i could not keep up with which was another reason i had to change bank.

 

In my next letter then i should:-

 

Ask for a copy of the DN notice through a SAR.

- As this is not a default severed under the CCA,

does it still have to be in a prescribed format?

 

Still protest the charges as they a disproportionate to the cost incurred by Santander?

[dx100uk]

they have no remit to send a copy of the DN

 

all they have to do is prove it was sent.

 

 

can I point you to:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?353395-Letter-to-send-if-you-are-being-charged-bank-fees-whilst-on-benefits

 

and as your debt OC is satans bank too

 

should be easy to resolve.

 

dx

[stenson19]

A quick update,

 

i wrote them a letter explaining that the charges are unfair

because they are disproportionate and also because i was on benefits.

 

I also advised that they have to provide me with a copy of the default notice under the DPA.

 

I got a call on Friday from a complaints manger who has apologised,

 

waived all charges

 

and give me a GOGW of £100 which was transferred to my Barclays a/c

 

and more importantly agreed to remove the default.

Edited April 29, 2014 by stenson19
correction

[dx100uk]

hey great result

 

did they charge you interest on these?

 

dx

[stenson19]

As far as I am aware the whole balance was charges and no interest.