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Santander - incorrect default- ***SETTLED- BCOBS- probably for £3500 under conditions of confidentiality


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At my wits end with Santander.

 

Back in early 2012 a transaction was processed on my account out of hours by my local branch.

£200 was withdrawn manually this was not authorized by myself.

 

After noticing my balance had been taken into the red,

i contacted the bank who said go into branch to resolve,

i attempted this three times and waited over 30 mins each time.

 

In April 2012 after numerous collection calls and each advisor being told read the notes

this is your error so please don't call again a default was registered on my credit file.

 

Once this default was registered I registered a complaint that until now 2015 has always been routed to the collections manager.

After much hassle I managed to get my complaint investigated by an executive complaint manager - media and esecutive complaints.

 

His findings- The bank made an error.

Apparently updated my credit file although default still showing

£145 compensation

Final response refer to ombudsman

 

Upon receiving this letter I contacted him and he is unable to confirm if my details have been compromised

as the staff member who completed the "transaction" no longer works in the business.

 

I remain unhappy with the banks response and the duration this has gone on for

and the impact this default has had on my character when obtaining credit.

I seek case study and legislation from fellow caggers. I wont be shut up with £145.

 

I have posted on their social media channels and have been promised a call back tomorrow,

that's because they don't want there tactics exposed.

 

If my complaint had not been routed to the collection team for nearly 3 years this could have been resolved a lot quicker

even when i emailed the CEO the response came from the collection team. ( my account should never have been in collections)

 

£140 does not cover the calls i have made to Santander over the period of time.

 

My account has not been reopened and restored to how it was before all this either.

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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.

 

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The ombudsman will take a long time with an uncertain outcome – meaning that although they will find in your favour, they may not add much to the compensation bill. I can imagine that the ombudsman will take pretty well no account at all of the damage to your credit file.

 

If you want to take some rapid and effective action then you should think about bringing a small claim under BCOBS.

 

This is a very powerful set of rules which impose statutory duties on banks to treat their customers fairly and also which gives the right to aggrieved customers to bring their own legal actions directly in the County Court.

 

BCOBS is scarcely ever publicised by the banks or by the ombudsman or by the FCA.

 

I would say that an action here under BCOBS would be really quite straightforward and once the court papers issued then you will have a remarkably fast response from the bank and some sensible offers.

 

I'm not quite clear – is this matter still on your credit file or has it been removed?

 

Also, in addition to any distress and inconvenience caused, can you identify any actual losses that you have suffered such as a refusal to give you credit or more expensive credit?

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They have requested it be moved but is still visible although they are blaming credit expert saying they take 28 days.

 

Whats aggrieving me is that the response has come from the escalated and media team.

 

Obviously the bank have no empathy from the top down.

 

Under what legislation would I claim on, I'm no stranger to court action won an Employment tribunal alone against a major hospitality company although it was 3 days of hell.

 

With the default alone I cant even get a payday loan with Wonga I tried for that exact reason!!

 

To ashamed to be rejected for a mortgage all because of cowboys.

 

I have posted on Social media Channels and had a call today stating if I provide phone bills call costs can be reimbursed, although me being suspicious minded is this them testing the water to see if I will compile the evidence and send it to them.

 

They have issued a final response Court action is where I need to go.

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Have sent this to them this evening lets see.....

 

 

Thanks for your advice:-)

 

 

--- --- --- --- --- --- ---

 

 

 

Letter Before Action

 

Miro 4340015

 

Dear Sir/Madam,

 

I am very disappointed in your response to my complaints which were made to you in 2012, and that you have chosen to ignore my requests for an incorrectly reported DEFAULT to be removed,I therefore have no alternative but to seek recourse through the county court system. I believe that Santander have treated me unfairly under the following BCOB rules of which Santander should be compliant with,since Santander is a firm regulated by the FSA.

 

Rule 5.1.1 R states “A firm must provide a service in relation to a retail banking service which is prompt, efficient and fair to a banking customer and which has regard to any communications or financial promotion made by the firm to the banking customer from time to time.”

 

Rule 5.1.4 G “Principle 6 requires a firm to pay due regard to the interests of its customers and to treat them fairly. In particular, a firm should deal fairly with a banking customer whom it has reason to believe is in financial difficulty.”

 

Santandar have been informed of my concerns in 2012 and only in 2015 has xxx xxx(Media & Executive complaints) removed the default although this is still showing on my credit file. I have suffered declined credit because of this error that was raised several times when I received harassment calls from your collections department for this debt. Which you have eventually confirmed was your error.

 

Every complaint I have made was routed back to the collections team and at my wits end I managed to speak to xxx who issued a final response showing total lack of empathy and no customer care.

 

Santander have not responded to my concerns in a valid time frame, have caused me undue stress following up on the matter and have tarnished my credit file incorrectly. Also at no point since admitting your error have you offered to restore my account. For these grounds I feel that I have been treated unfairly

 

In order for this claim to be settled without the need for court action I require that the offer of £140 compensation is reviewed and a fair offer be put forward.

 

If I have not received a satisfactory response within 7 days then court action will be commenced without further notice and further costs will be incurred.

 

A judgment for a breach of BCOBS is very serious and the FSA would be empowered to act.

 

Yours Faithfully

 

 

xxx

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Been notified today in a very blunt email

 

Default has been removed as requested, please inform us once you are in a position to confirm you can see the amendment.

 

What would be the next steps??

 

Do I walk away now its gone and I can arrange mortgage or do I fight this

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I think that you are entitled to a reasonable compensation.

 

I understand that they closed your account

That you were refused for a mortgage

That you were refused by Wonga.

 

Is this correct?

 

What was the effect of losing the mortgage?

 

Please would you tell us in detail what the lack of any credit facility has had on you.

 

Also, please can you tell us in as much detail as you can, the lengths you have gone to to get this matter sorted out.

 

Please keep it factual, chronological and bullet-pointed

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Also, do the mortgage refusals and other refusals appear on your credit file?

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2012 A transaction processed out of business hours.

 

raised issue as first I was aware was a collections call

 

account was zero balance just dormant

 

200 was withdrawn in manual transaction

 

collections team directed me into branch

 

Visited branch three times over two weeks never offered appointment and always kept waiting over 30 minutes.

 

never got resolved in branch, collections team phoning daily told them on each call this is in dispute and explained issue. No avail

 

Sent first written complaint 2013.

 

Informed bank under ico regs to remove my telephone numbers as collections calls continued. They done this eventually.

 

Complaint letter was directed to collections team. Compalints always responded to by phone. This went on through 2013 every complaint was directed to collections.

 

Oct 14 sent email to ceo again passed to collections but with admittance of error and a 25 cheque received.

 

wrote back asking for a final response and to say the default had not been removed got issued £120 and a final response.

 

Nov 14 Defult still showing. Went back to complaints handler refused to take call. Go to ombudsman said the default still showing told its will go be patient it takes 28 days.

 

Dec 14 raised issue with directors who for 16 days reffered me to collections team after persisting daily calling then after obtaining a direct line number they confirmed after i said i will call you daily like your collections team done to me. Directors team then confirmed they had checked and default request had been sent

 

Jan 15 still showing. Emails ignored.

 

Tuesday threatened court action

 

Friday default removed with an email the default is removed.

 

impact

 

mortgage declined lost a family property as wanted mortgage to buy out other party in inheritance. Was forced to sell

 

No credit cards due to default.

 

lucky I can support myself through wages but never the less.

 

 

 

 

 

 

 

I think that you are entitled to a reasonable compensation.

 

I understand that they closed your account

That you were refused for a mortgage

That you were refused by Wonga.

 

Is this correct?

 

What was the effect of losing the mortgage?

 

Please would you tell us in detail what the lack of any credit facility has had on you.

 

Also, please can you tell us in as much detail as you can, the lengths you have gone to to get this matter sorted out.

 

Please keep it factual, chronological and bullet-pointed

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Thank you. A good start.

You will have to be more specific as to dates, please.

 

Àlso please can you be more specific as to dates, times and of calls.

 

We will need to know more about the value of the lost property - what it was then and its value now.

I think you are looking at at least £4k and maybe much more. It will be worth putting the work in to assess your losses properly.

Send them an SAR

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Wow. Thanks for your help.

 

soz about dates that was purely a guide without referring to the correspondence.

 

i will compose a comprehensive version over next few days as i will need it for any further action

 

One thing alarming me is the bank will not confirm if my details have been compromised as the member of staff no longer works in business, however there attempt of reassurance was a considerable amount of time has passed you would be aware by now if your details had been taken

 

 

Thank you. A good start.

You will have to be more specific as to dates, please.

 

Àlso please can you be more specific as to dates, times and I calls.

 

We will need to know more about the value of the lost property - what it was then and its value now.

I think you are looking at at least £4k and maybe much more. It will be worth putting the work in to assess your losses properly.

Send them an SAR

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Withdrawl was £200 with charges and fees default recorded was £724.

 

value when passed over 65000. Had subsidence had work completed valued at 104995 after that and some tlc.

 

house was in family for 50 plus years I needed a mortgage of 40000. 30000 to buy out and 10000 back in savings for subsidence work.

 

Mortgage was applied for after work was completed

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Ive got to be honest i`ve withdrawn from a sale so the above is now possible as one of the underwriters have provided me written confirmation that if I get default removed by 20 Jan and my circumstances have not changed they will provide mortgage subject to property survey.

 

This is why I have constantly badgered the bank over last two months. Emailed every contact I have found online and phoned every telephone number.

 

Once I had the admittance my hopes were restored, the sale was close to completion i dread to think the bill i have to pay now for the cancelled sale

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Send the SAR urgently and set out a chronological list.

 

These two posts ...

icon1.png Re: Santander Executive complaint - incorrectly recorded default

Withdrawl was £200 with charges and fees default recorded was £724.

 

value when passed over 65000. Had subsidence had work completed valued at 104995 after that and some tlc.

 

house was in family for 50 plus years I needed a
mortgage
link3.gif
of 40000. 30000 to buy out and 10000 back in savings for subsidence work.

 

mortgage
link3.gif
was applied for after work was completed

 

 

 

icon1.png Re: Santander Executive complaint - incorrectly recorded default

 

Ive got to be honest i`ve withdrawn from a sale so the above is now possible as one of the underwriters have provided me written confirmation that if I get default removed by 20 Jan and my circumstances have not changed they will provide mortgagelink3.gif subject to property survey.

 

This is why I have constantly badgered the bank over last two months. Emailed every contact I have found online and phoned every telephone number.

 

Once I had the admittance my hopes were restored, the sale was close to completion i dread to think the bill i have to pay now for the cancelled sale

are not very clear in their explanation. If this goes before a judge - or the FOS if you want to go that way, you will have set it out clearly and succinctly.
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A derisory offer. Did you record the call? Why not? Did you get a call reference or ask them to read over the screen note?

 

Please read our customer services guide and follow it in future.

 

I would like to see you lay out a list of what you think your loses are.

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Have you logged the call? Date, time, what was said?

It will be interesting to see if this turns up in the SAR

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My contact is now In the directors team. After taking the call I confirmed the discussion in email and had a reply. I declined the offer via email to be told sleep on it. Although on the phone he said no judge will offer you more he denied this in emails after

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We need to calculate your loses.

I think that it is extremely condescending to be told to sleep on it. I would send a letter of complaint. Also I would tell them not to anticipate what a judge would say. I would tell them to start getting their banking right before giving out legal advice.

I think that you need to send this immediately. With those kinds of trite comments it is clear they aren't taking you seriously yet.

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My losses are hard to evaluate In a court. the mortgage is going through as default now gone spoke lender today obviously got to wait but nothing holding me back.

 

I live comfortable without needing loans.

 

Due to having minimal credit. Bank. Broadband. Utilities are only things reported so default had a big impact. Credit score was 265 with it now its gone its 812

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Do you think I would be able to claim solicitors fees. I've withdrawn from the sale of property, as now default removed subject to survey mortgage accepted. So I can buy my half.

 

 

 

Ive got to be honest i`ve withdrawn from a sale so the above is now possible as one of the underwriters have provided me written confirmation that if I get default removed by 20 Jan and my circumstances have not changed they will provide mortgage subject to property survey.

 

This is why I have constantly badgered the bank over last two months. Emailed every contact I have found online and phoned every telephone number.

 

Once I had the admittance my hopes were restored, the sale was close to completion i dread to think the bill i have to pay now for the cancelled sale

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Do you think I would be able to claim solicitors fees. I've withdrawn from the sale of property, as now default removed subject to survey mortgage accepted. So I can buy my half.

 

Yes, of course you can claim any wasted costs.

What about the time you have spent? The stress? Has it affected your family?

Costs incurred writing letters, making phonecalls?

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Yes defiantly caused family stress and breakdown. I done so much to stop this sale.

 

5 years and 3 months of chasing.

 

Composing a complaint letter now referring to section 140a of consumer credit act.

 

Going to state after today's comments I only wish to communicate in writing. Will eloborate

 

Also going to submit court claim on back of this. Don't know what to value it at. Shall I go and get legal advice from solicitors as costs will be recovered if successful claim

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