Santander withholding my money - suspected fraud - **SETTLED full amount+Court Fee+Compo**

[bradybunch]

Hello CAGgers,

 

I have a question on how to proceed with reclaiming money from  Santander please. 

 

The bank closed my account due to an inflow (£3k) which came from a car sale and have refused to release the money to me. The account has been closed and we have been on the matter for over 60 days and I am about to go to court.

 

I have obtained an SAR from the Santander and I can see that the account was flagged and then closed on advice from the fraud team. What is baffling is the fact that they refused to release my money.

 

I would like to know which forms (and which regulations to refer to in my particulars of claim) to use for this type of action as it is not Credit/Debt related.

 

Many thanks

B-Bunch

[dx100uk]

usually down to money laundering rules. barclays are the usual favourite for this happening to people

not heard of Satans bank doing it before.

have they also trashed your credit file with a CIFAS marker?

 

do you have written proof of the sale of the car?

and proof from the buyer that they made the BACS transfer?

 

 

 

 

 

 

[bradybunch]

Hi dx, thanks for your response.

 

they haven't touched my credit file actually and I have all receipts and a proof from the buyer (screenshot of bank statement). They asked to see a V5C and I told them that I don't have it, this is the bone of contention. They have now closed the account but still refuse to issue a cheque for my balance. 

Edited November 30, 2021 by dx100uk
check to cheque

[dx100uk]

why don't you have the green slip of the v5c

and what do they want it for?
 

[bradybunch]

to prove I actually sold the car. I have resolved to go to court and the SAR shows all the notes on the account. The fraud department flagged this and despite all entreaties, they refused to release the money. The buyer has send across a screenshot of his bank statement and I have the sales receipt showing I sold the car. I have also asked DVLA for confirmation. 

 

Do you know which legislation I can rely on please and which forms to use as I think I have all I need to show proof of legitimacy i.e.

 

1. Sales receipt (Issued by me to buyer)

2. Bank statement Screenshot (showing payment) and letter from buyer confirming they purchased the car.

3. Letters to CEO and their responses

4. SAR

5. Cover Note. 

 

it has passed 80 days now and I believe if the NCA is involved it should show up in the SAR, in any event I don't mind engaging relevant authorities and showing the proof and transaction history. 

 

thanks

B-Bunch

[fkofilee]

You wont see CIFAS on your CRA for something like this. You have to go direct to CIFAS for that.

However... It is possible that they just closed your account because they werent comfortable about something but didnt trigger AMLR

 

 

[bradybunch]

thanks all for the responses so far.

 

could anyone please confirm: 

 

1. whether the small claims court route is the right way to go

2. The small claims court process (and forms) to go through. 

3. documents and templates I can use in the library or other similar cases

 

appreciate your support and assistance. 

 

Thanks

B-Bunch

[dx100uk]

i have retitled your thread and moved it to our legal forum. so those experts will see it.

 

there is an MCOL small claim guide in the legal section of our library

 

dx

[AndyOrch]

You will have to serve a Letter before claim first and exhaust their internal complaints procedure in line with the Pre Action Protocol before issuing a claim.

 

https://www.gov.uk/make-money-claim

 

https://www.moneyclaim.gov.uk/web/mcol/welcome

 

Topic moved to Financial Legal Issues.

 

Andy

[bradybunch]

Hi Andyorch,

 

thanks for your response. I have gone through the CEO channel with multiple correspondence (letters) to no avail hence the choice to go to court. 

[AndyOrch]

Letter of claim then.....

[bradybunch]

Thanks AndyOrch.

 

Do you know which address i need to send the Letter of Claim to please?.

 

also,  does anyone have a sample Letter of Claim that I can leverage please? 

 

thanks

B-Bunch

[AndyOrch]

https://www.santander.co.uk/personal/support/customer-support/legal-information

[bradybunch]

Thanks Andyorch.

 

do you know where I can lay my hands on a sample Letter of Claim that I can leverage please?

[AndyOrch]

Plenty of examples on Google and here on this forum ..use your search button.

 

https://www.google.com/search?client=opera&q=Letter+of+claim+examples&sourceid=opera&ie=UTF-8&oe=UTF-8

[bradybunch]

Hey Andyorch,

 

We are moving through the MCOL process slowly but surely. I now need a POC for this type of case, do you have any recommendations please?

 

Thanks

BB

[AndyOrch]

What did you put in your Letter of Claim..please upload a redacted copy.

[bradybunch]

I used the MCOL online. I just write that "My account was closed". The intention is to attach it later on. we have gotten to the N180 stage.

 

LETTER OF CLAIM

Letter of Claim: [account number] 

I write further to my outstanding complaint regarding the balance of £4320 withheld in my account with Santander.

 

I am requesting that you refund my money including the applicable charges, during the past [3months] from the date of this letter. I do not believe that  Santander has any reasonable basis to withhold the balance in my account and consequently believe this action to be unlawful.

 

Therefore, I am requesting that you repay me £[5200], an amount which represents the total charges applied to my account during this time plus overdraft interest. For your reference I have attached full details of these charges.

 

As I have already informed your colleagues at the CEO office, I have been left with no option than to consider court proceedings if Santander continues to refuse to release my money.

 

As the bank account has been closed, I am open to receiving cheques or postal orders from Santander for the total balance of the amount as shown in this letter.
 

I would ask that you deal with my request immediately rather than waiting until the resolution of the ongoing test case as I am currently experiencing financial difficulty as a result of  the Coronavirus and a relationship breakdown and the FCA waiver specifies that you should continue to deal with hardship cases.

 

I look forward to receiving a response from you within the next 14 days.

Yours faithfully

[AndyOrch]

And the date the above was sent ?

 

 

[bradybunch]

That is the letter of claim. sorry I misread your email. 

 

Thanks

BB

 

November 25th 2020

[AndyOrch]

And the date you submitted your claim with a copy of your initial particulars and a redacted copy of their defence ?

[bradybunch]

I havent submitted the POC. I need to do that now, with the bundle. 

 

attached the Bank's defence

Defence (final) (2).pdf

[AndyOrch]

If you are at the N180 DQ stage then you must have submitted an initial POC to submit a claim.....and Santander must have submitted a defence to get it to DQ stage ...I assume you ticked you will send separate particulars...which we never advise you do.

[AndyOrch]

So claim issued 21st Dec 2020.

 

Defence is moving to strike out your claim because your particulars were well basically pants because you didnt come back here for advice.

[bradybunch]

is it too late to submit a POC. the online guide clearly indicated one could do it later