Santander charges/fees out of control

[j3lly]

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

[j3lly]

Sorry it's so long

[Conniff]

Confirm this is an account where there were 'no' overdraft facilities offered or asked for ?

 

Check the terms and conditions to make sure the paperwork says so.

[Bazooka Boo]

How much of this is there Fees?

[j3lly]

its their 'everyday current account' ive never had an overdraft or asked for one. Will have a look for the terms & conditions

 

It's all made up of fees bazooka boo

£10 unpaid direct debit fee

£10 paid card transaction fee

£390 unarranged overdraft fees

[Bazooka Boo]

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.

[BankFodder]

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.

[j3lly]

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?

[Bazooka Boo]

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.

[j3lly]

Yes it's showing on credit file as late payments

[Bazooka Boo]

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...

[Draycote]

What has happened with your situation since March?