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

[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

[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

[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

[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. 

[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

[bradybunch]

Thanks Andyorch.

 

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

[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

[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

[bradybunch]

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

 

Thanks

BB

 

November 25th 2020

[bradybunch]

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

 

attached the Bank's defence

Defence (final) (2).pdf

[bradybunch]

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

 

[bradybunch]

havent submitted anything...I indicated I will attach it later

[bradybunch]

[bradybunch]

i am coming here to get materials/advice for that purpose. could you point me towards a suitable POC please. 

[bradybunch]

nope. didnt take advice elsewhere. I have shown all i have here. I wrote in section 3 because it was my intention to add a "proper" POC 

 

i am happy to put in an amended POC as it is late. i understand that

[bradybunch]

alright. here it is. 

 

Thanks

BB

Defence (STDR).pdf

[bradybunch]

Will do that. they actually missed the cut off time  to respond and i request a default judgement, only for them to email me with the defence saying they had IT issues. The court accepted it thoug. lets hope they will accept my request.

 

If they accept, do we have to inform the court, and does this mean i dont get to pay any charges to amend?

 

Thanks

BB

[bradybunch]

i sent them a SAR. There is no crime number

[bradybunch]

they sent back statements and notes on the account. they have two issues from their defence, the money £3k which i received from the car buyer and the £1k. the refercnce to the company is in respect to an attempted payment which is why the account was blocked.

 

 

On 12/02/2021 at 15:41, Andyorch said:

Alternatively...just an idea... you could proceed to submit the DQ...dont bother with an amended defence and then do a particularised witness statement stating the full details of the statement of case. MCOL has accepted your initial defence......your particulars although vague and and not CPR 16 compliant appear to be fully understood and accepted by the defendant.

 

Their defence goes into great detail as to why the account was frozen so they are fully aware of the nature of claim and why you made the claim.

 

Permission to submit an amended defence using N244 fee id £100 without hearing..and you become liable for the defendants costs in submitting their amended defence if required.

 

What are your thoughts with regards to the defendants defence points 14 onwards ? 

 

I have bank statements from the buyer, receipts and a letter from him stating that he paid the money and its not a fraudulent transaction. I have recent statements from him also

as i explained above, their legal department emailed me directly to apologise for their late submission so I have an email for the lady and her mobile number too

[bradybunch]

25 minutes ago, BankFodder said:

Okay, well the suggestion proposed by my site team colleague seems to be the best way forward. No risk of being refused. Cost free – but you still will need to do the detailed witness statement and so you still need to respond to their points in their paragraph 14.

It will help enormously if you can do the tabulated responses I've suggested. You will need this for a witness statement in any event and it's best that we get to understand the entire situation as quickly as possible so that we can then help you to produce a witness statement that helps you

Thank you for this BankFodder.

 

Do i need  the witness(es) to sign the statement or is it something i can write and undersign on my own. also 

[bradybunch]

On 12/02/2021 at 16:30, BankFodder said:

Incidentally, there is no massive hurry for this. I suggest that you do it carefully over the weekend and post it up on Monday or Tuesday.

In the meantime, have you dealt with the DQ?

 Hi folks, please see the draft witness statement below:

 

Background:
I am Jane Doe residing at 50 Santander House house, London EC1N 6AR
I am employed as a Secretary  and where the opportunity arises I engage in side business to supplement my income.
I opened an acount with Santander bank on the 25th of June 2020 with customer  account number 55061583
I have been operating the account in accordance with the terms and conditions as aoutlined by the banks leaflet and online pdf communications.
On the 14th of June 2020  I sold a car on behalf of my friendnd Mr April May for £3120 to Mr John Johnson the  represented an above market price for the car and I considered it good business.
On the 17th of July 2020  i attenpted to transfer out the money as directed by Mathbeecom Ltd, but the transaction was unsuccessful as Santander (The Bank) put a hold on the account.
The bank then asked me to provide evidence of source of funds and I have sent them copies of the sales receipt and bank statements from the Buyer.
At no time did I mention that I sold a scooter and I have never sold one
The £1035 amounts to payments received from D C R consultant.

I have provided the evidence to Santander at all stages of making an attempt to resolve the issue.

Brief Summary:
I made several visits to the bank to persuade the cashier to release my funds as I was under financial pressure and needed to money, at first the cashiers refused, and after a few more visits the bank decided to release £621 to me which I refused.
On the 18th of August 2020 1 wrote to the executive team (to resolve the impasse) to inform them of how the bank has treated me appalingly and request that someone investigate it.
I got a response back on the 24th of August 2020 asking me to go to the bank to collect my money but the cashiers informed me that the bank could only release £621.
I rejected the Bank's offer to pay me only a paltry sum as it had no lawful reason to withhold my money after receiving evidence and receipt and closing the account

What I am applying for.

My prayer to the court is to compel Santander Bank to release my money plus interest and pat court costs.
I do not seek to re-open the bank account and I do not want to re-establish banking relationship with Santdander

Additional Information.

I have included in this witness statement, the evidence bundle
1. SAR from Santander
2. Bank statements from Mr Johnson who purhased the car
3. Letter from DVLA
4. email communication from the Snatnder Executive Office
5. Letters of support from witnesses who transferred money into the account whilst it was still active

Final Summary:

In summary, Santander have unlawfully withheld my legitimate funds and have put me under sever hardship by continuing to deny me accres to my money.
I would be glad if the court can rule in my favour and ask Santander to provide re-imbursements of my full funds including court costs.

[bradybunch]

14.6    

1.1             On 17 July 2020, the Claimant told the Bank that a number of the credits were from people paying back money they owed him. The two largest credits were Faster Payment credits of £1,035 (received on 12 July 2020) and £3,120 (received on 14 July 2020). The Claimant initially told the Bank that the payment of £3,120 related to the sale by him to a friend of a car (a 2007 Astra) and that the payment of £1,035 related to the sale by him of a scooter.  He was asked about the V5 documents for the car he had sold and he informed the Bank that they were with the person who had purchased the car.      

 

1.1 The payments received are from friends and family for contribution for a family burial.

 

1.2 The payment into my account held at Santander was in relation to a car I sold to Mr John Johnson, and not a purchase. I sold the car on behalf of my friend My James for £3120.

 

14.7     In the circumstances, the Bank asked the Claimant for proof of entitlement to the funds.  On 18 July 2020, the Claimant provided some documents, said to evidence the purpose of four of the credits.  They included screenshots of payments confirming information about the payers which the Bank was already aware of and documents said to relate to the payment of £3,120 including a document described as a sales receipt and an email from the DVLA to a third party concerning a vehicle.  Nothing was provided in relation to the payment of £1,035.     I have provided bank statements from the car buyer. The car was sold for £3120, including the sales receipts. The £1035 was a loan I took from Mrs Anderson. I have also provided the screenshot of this payment to the bank

 

14.8    The documents provided in relation to the sum of £3,120 did not accord with the explanation previously given by the Claimant. The Claimant subsequently denied he had given the Bank the previous explanation.    I have provided car sales receipt and screenshot of payment from the buyer. The buyer has also provided a letter of confirmation. Santander asked for V5, which is an invalid request as the car has been sold and only the keeper can have a V5. I have provided the D11 from DVLA to Santander

 

SantanderTabulated.pdf

[bradybunch]

Thanks for your response BankFodder.

 

Yes, I requested for and obtained an SAR and theres no CIFAS entry on my credit file. 

in the SAR theres no mention of a police report or crime number.

I will extend the columns and resend shortly. MCOL gave me until 22nd Feb to send my response back.

 

thanks once again for your support.

 

[bradybunch]

I paid about £185. I am claiming £4900