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Santander Have blocked my account - supposed fraud - want to raise a court claim to get my moneyback - help with how please?


bradybunch
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They are basically suggesting that they would be prepared to talk to you about some way out of this problem.

I'm even more certain that they haven't complied with the requirements under the proceeds of crime act. If they had then they would have stated it straight away. It is a pivotal point in your claim and they should have addressed it.

I have a sense that you are in a strong position and I will try to draft up a response to this letter.

In the meantime, what is the state of play in terms of any deadlines et cetera?

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Did you send the letter which I drafted at the beginning of October – to the court and also to the bank?

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6 minutes ago, BankFodder said:

i have a sense that you are in a strong position

 

1000% correct.

  • Haha 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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1 hour ago, BankFodder said:

They are basically suggesting that they would be prepared to talk to you about some way out of this problem.

I'm even more certain that they haven't complied with the requirements under the proceeds of crime act. If they had then they would have stated it straight away. It is a pivotal point in your claim and they should have addressed it.

I have a sense that you are in a strong position and I will try to draft up a response to this letter.

In the meantime, what is the state of play in terms of any deadlines et cetera?

I need to pay the court fees before 1st  December

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Well if I were you I would go ahead and pay the fees now. Assuming that you win you will get them back and it will be a sign to Santander that you are up for it.
Paying the fees will send an important message to them that you are prepared to go the distance.

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During the private/confidential mediation talks, did they say that there was a criminal investigation ongoing or criminal court process ongoing ?

 

 

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If you want advice on your thread please PM me a link to your thread

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Quote


Dear XXX

Thank you for your message of the XXX date

I notice that you say that you have not admitted any of the points which I have made in my amended particulars of claim.
However we both know that that is far away from saying that you have denied any of them.

I think my letter of the XXX date says it all.

I'm quite certain that you aren't prepared to sign a statement of truth that you have complied with the Proceeds of Crime Act and when the matter goes to hearing, I shall specifically put you to proof on that point and I'm sure the judge and I shall be very curious to hear your answer.
Come out right now and say that you have done it, the date on which you did it and evidence that you have done it and I may consider my position.
If you won't do that then frankly you are causing unnecessary inconvenience to me and to the court.

I see that there is quite a lot in the press at the moment about banks being so concerned about money laundering that they are making arbitrary and irrational decisions in respect of innocent customers.
I'm totally in favour of preventing money laundering but I would have expected that a bank – certainly my bank anyway – to exercise judgement and there is no evidence that you have exercised judgement in my case.
I'm paying the court fee and as far as I'm concerned we will be going to trial.

Your letter seems to suggest that you might have something to say and in that case I think you had better go ahead and say it instead of wasting everyone's time.

Yours sincerely

 

 

Please will you comment on the above draft. In particular can you confirm my recollection that a staff member did disagree with the decision and that they say that they were unable to find that particular discussion. What was the name of that staff member?

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I've introduced a small amendment

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Waiting for a response to this. I have a sense that the bank is on the back foot about this and you need to react very quickly and assertively in order to keep them there.
They can easily interpret some kind of delay as an indication of uncertainty which they might try to exploit

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Well I certainly wouldn't disclose to the bank that one of their own staff had advised me to sue his employers.

But on the other hand, I seem to remember somewhere in the disclosure is that they actually said that there was some staff member who had disagreed with their decision. And in that disclosure they gave that person's name. So they know that much about it – what was that person's name.

 

How much are the fees which must be paid?

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Sorry, I just looked through the thread and I think that I must be confusing it with another thread – maybe involving Tesco's. In that thread, an SAR disclosure revealed that one senior person have disagreed with the decision to close that person's account and to withhold money but when we asked for further details, Tesco's were mysteriously unable to provide the details and said that they were lost.
Yeah right!

 

I've modified my suggested letter to remove the reference to that incident – but it shows that you need to doublecheck where I am writing carefully because partly that this thread has been going on quite a long time but also because I'm dealing with many other cases and we don't have any resources or admin et cetera, I can get things wrong quite easily.

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By the way, what is the name of the person who is writing you these letters?

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??????

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  • 3 weeks later...

This thread seems to have gone very quiet all of a sudden. Any update please?

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1 hour ago, BankFodder said:

This thread seems to have gone very quiet all of a sudden. Any update please?

Hi BankFodder,

 

I have just returned from my travels today. I havent sent the other letter. will do so ASAP and provide updates.

 

Thanks for your support

 

 

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Great. Thanks.

I'm relieved because I was starting to think that the bank had nobbled you!

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