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    • we need the exact particulars of claim, not what you have put please.  
    • Thank you everyone for your quick responses I just wish I posted here in the first place    I probably shouldn't have filled in the claim form however on the letter it said I had limited time to do so and because I was dealing with CST law trying to come to an agreement with paying off the debt I didn't think it would get to this point and now I have probably made my situation worst. Of course, I would have posted here first before sending it off had I not been in communication with CST to set up an agreement.    I sent the letter back to the court as some point in early August, the issue date on the claim form is 28th July and the most recent letter I have received 'Notice of fast track' is dated 18th November    If I am honest I can't fully remember what I wrote word for word in my defence, it would have been along the lines of why I left, my reasons and the fact I returned to my old career in an office plus taking a pay cut to do so. There wasn't much room to write a long winded defence so I kept it relativity short.   The above document Andy has posted is the exact document I am now looking at very confused in what exactly I put where    I just want to re-iterate I never agreed with this money I owe due to the training bond but it has gone on for so long at this point I'm happy to set up a payment plan if the balance can get reduced or a small one off payment upfront and this is exactly what I was trying to do prior to receiving the most recent letter    I have had zero communication from CST law, Centrica advised me to deal with them directly and I was waiting for a response from CST with the offer we had put across to Centrica - I chased it multiple times the following weeks and they kept telling me they haven't had a response and when they do we'll contact you which they still have not   Ideally I would rather not give them any money however I feel like I am out of options at what I probably should have done years ago is attempt to get it reduced and set up a payment plan    Please let me know if I have missed any critical info out    Thanks again for everyones help    What is the claim for – the reason they have issued the claim? I left a British Gas apprenticeship within the first 12 months of starting and went back to my old career in an office , my reasons for leaving were down to the completely differant job role which I realised quikcly was not for me and it was impacting my mental health massively. The claim is for a training bond which was in a contract I signed based on a sliding scale Year 1 - £9,000 year 2 £6,000 year 3 £3,000     What is the total value of the claim? £13433    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No  Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Training bond due to leaving an apprenticeship before 3 years    When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? They have sent me a virtually signed document with the contract   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Centrica are claimant, CST law are dealing and the court   Were you aware the account had been assigned – did you receive a Notice of Assignment? I believe so yes   Did you receive a Default Notice from the original creditor? I have had multiple letters like everyone else who has been on the forum over the years regarding this matter   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? I am unsure, but when I left I had contested the original claim as I was dealing directly with Centrica’s collection team and they never got back to me after the final email I had sent and didn’t hear anything until years down the line   Why did you cease payments? N/A   What was the date of your last payment? N/A   Was there a dispute with the original creditor that remains unresolved? Correct I oringinally contested what was owed back in 2017 and gave my reasons for leaving and I assumed the matter was closed   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No  
    • OK thanks again Andy.   And understood 👍😉
    • Thank you for this. The first thing to be say is that this means that you are winning. It is pretty well unheard of in my experience for the bank to give way and finally return the money. The fact that they have done this under the threat of a judgement for breach of statutory duty indicates even more that they are worried about their position. Nowhere have they indicated that they have complied with the requirements of the Proceeds of Crime Act and informed the National crime agency. I don't believe they have and this is a very serious breach of statutory duty. Not only that it is a very serious breach of the FCA BCOBS regulations in that they are required to treat you fairly. Treating you fairly in this case means that they must comply with the rest of their statutory duties. It appears that they really haven't done this at all and that they have acted in an arbitrary way in disregard of the law and that they are hoping to get away with it. I find myself wondering how many other hundreds of people have been treated in exactly the same way – and you are probably the first ever to have stood up to them and to get them worried. I think I've already indicated that a press contact of mine in the Sunday Times would be very interested in this story. He has already run stories about the very poor standards applied by banks when deciding that their customers are involved in some fraudulent behaviour. The first thing to say about the letter which you have received is that they are trying to apply conditions to releasing your own money. It's your money and there should be no conditions and my suggestion is that you object to this. Secondly, not only are they threatening to continue to withhold your own money – but also they are saying that if they release it to you you will simply have the net figure without any kind of interest or compensation. It's clear that while they have had your money, they have invested it and earn money on it. They have probably been lending it out at between 16% and 20% and although the usual rate of interest is 8%, it seems to me that justice can only be served by repaying you your money plus the commercial rate of interest – at a compound rate. Normally the 8% is calculated at simple. Thirdly, they are not offering to pay you any compensation and clearly they are hoping to get away with it without any kind of sanction or not even a slap on the wrist.   Fourthly, they had the nerve to impose a seven day deadline. Don't worry about their deadline. It's a load of huff and puff. This is all part of their bluff game designed to intimidate you. At the end of seven days – what? Are they then going to insist on going to court?   If they really believe that they had done everything correctly and that the money was fraudulent, then they would not offer it to you back under any circumstances. It would be illegal for them to do so. You can be certain that these people do not want to go to court. In fact they probably wish they had never started.   Finally, they want the matter to be kept confidential – and I can't say I blame them. I would be ashamed if people knew that I had treated somebody else in this way and I'm sure they are worried about reputational damage. I'm also sure that there are extremely worried about what will happen if you get a judgement against them for breach of statutory duty. It will have to be reported to the FCA. It will have to be reported to the NCA. And of course it should be reported to the newspapers because people need to know what is going on. If you want, you can simply accept their proposal – get your money back, given confidentiality – and that's the end of the matter. However, you have no idea how this will impact on your record in the future. I imagine that they will bar you from ever opening an account with them again. – But at least you will have your money and you can get on with your life. However, if you want you can stand your ground and make it clear to them that you are going to be mucked around and treated like this and that you are prepared to go to court if they won't make a proper offer. I understand that you need to pay a court fee of about £350 in the next seven days. I expect that the bank is making this offer now hoping to dissuade you from spending any more money and hoping that you will back down. If you have the money to proceed then I would suggest very strongly that it will be a very serious sign of strength that you tell the bank that you're not interested in that you are paying the fee for the next stage of the court process. If the bank knows that you've called their bluff on this and that you have been prepared to invest further money in moving this legal action forward, then they will start to reflect and I can perfectly well imagine that they will make you another more interesting offer – once again on conditions of confidentiality. Without seeing any further offer, I'm already suggesting that you will probably be best off turning it down. In any event, I would remind you going back several months that I already predicted that the bank would make you confidential offer – and that has happened. I'm not saying that I'm always going to be right here – but I think that now basically the bank have pretty well admitted that they need to pay you your money, there is no chance of you losing it. You will get your money and it really is just a question of how much else you will get in addition. If you'd like to continue then let me know and I will suggest a draft response to them.
    • The cost of living in Britain over a person's lifetime is over £1.5m, new findings have claimed as the nation feels the squeeze amid soaring energy costs and dismal interest rates on cash savings.View the full article
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Santander charges/fees out of control


j3lly
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I have a basic bank account with santander no overdraft facilities, it isn't used very often anymore due to new joint account with partner and the last day I used account was 25th oct leaving a balance of £0.01

 

I received a letter end of jan saying I was overdrawn and they would be adding further charges.

(I can't remember getting nor can I find any letters before this one about being overdrawn)

 

When I checked my account I was £259.99 overdrawn

 

Skip to today and the account is overdrawn by £409.99 due to £410 worth of charges.

 

I have spoke to santander on phone,

been into branch,

written to them and been through complaints procedure

I recieved their response today that their charges are valid and they sticking to them.

 

Are they really allowed to charge me so much for such small transactions?

 

Timeline

 

1st oct: charged £10 for unpaid direct debit of £6.50 previous month taking me £10 overdrawn

4th oct: they honoured £4.95 debit card payment for an online subscription when I had a balance of £0 taking me £14.95 overdrawn

6th oct: £6.50 direct debit bounced again

8th oct: I realise I'm overdrawn and put some money in plus bit extra to cover fees for these transactions

24th oct: forgetting about the fees I used rest of money I had put in earlier to pay a bill leaving balance of £0.01

 

We got married on 25th and used new account from this point and didn't check Santander again until letter in jan (stupid of me I know)

 

31st oct: unarranged overdraft fee £24 taking me £23.99 overdrawn

31st oct: paid card transaction fee £10 taking me £33.99 overdrawn

31st oct: unpaid direct debit fee £10 taking me 43.99 overdrawn.

 

I offered to pay the above charges and asked them to refund rest but this was refused

 

2nd dec: unarranged overdraft fee £66 now £109.99 overdrawn

31st dec: unarranged overdraft fee £150 now £259.99 overdrawn

31st jan: unarranged overdraft fee £150 taking me to £409.99 overdrawn

 

They didn't charge me in feb I assume this was because my complaint put the account in dispute, I have no idea if they will now start adding charges again or default me. The complaint outcome is signed from collections & recoveries department.

 

Am I screwed? should I come to

An arrangement to pay or is there anything else I can do! Im

Self employed on low income just about getting by so I couldn't afford much.

 

The outcome letter does mention if I'm not happy I can take my complaint to financial ombudsman service, is this my next step or pointless?

 

I'm hoping someone can help me :)

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If that's the case then AFAIK, they wouldn't be able to take any legal action to recover their ''fees''.

 

Unless the goal posts have been moved yet again, they are unable to take any action against a debtor where the debt is made up purely of bank

fees/charges.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Of course, what will happen is that rather than take the matter to court, they will simply get into debt collection mode which is the only thing that the bank is moderately good at – and that would include placing a default on your credit file so that your life is smashed up and you can say goodbye to married bliss for the next six years.

 

It is grossly unfair that they can take an account with no overdraft and put it overdrawn simply for their own charges.

 

The only way that you could deal with this is to try bringing a court action under BCOBS. For a small sum as this, it would be very cheap and risk-free.

 

The bank would be very unhappy that you brought such an action. There is a real chance that they would back down and the money in order to avoid a judgement against them for breach of these FCA regulations.

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  • 2 weeks later...

I have just noticed that another £150 unarranged overdraft fee has been added on 3rd March now taking me £559.99 overdrawn :(

 

Is there a limit to how much they can get me into debt or will they just keep going into tens of thousands?

 

Going to do some reading on bcobs, do you think there's a chance in court to get this sorted? It just doesn't seem fair

 

Is there anyway I can force them to stop adding to the debt in the meantime?

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I honestly would not be worried or bothered in the slightest, what fees they continue to add to your account.

 

This is NOT your debt, this is the banks.

 

AFAIK, no bank could ever bring a case to court and expect to win where the debt is made up solely of their

unenforceable bank fees/charges.

 

So don't worry.

This can only go in your favour, and I suspect YOU may be able to take money off them.

Have you checked your credit files?

Does this appear on them?

 

Satansbank can add all they wish, they're never going to see a single penny of it.

If they have been marking your credit files, then this 'could' be deemed 'deformation' and should they fail

to remove the incorrect information, then you could sue them for deformation which attracts a four figure compo sum

should your claim be successful.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Well make sure you print off those screen shots.

 

Have you started satansbank' complaints procedure yet?

How far down it are you, or rather when did you make the complaint, in writing/email not over the dog & bone...

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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