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Santander withholding my money - suspected fraud - now offering to return it if I keep quiet!


bradybunch
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I'm also going to say that if you had engaged more closely, you could be thinking of compensation of more than £10,000.

You can't imagine how important it is to the bank not to be seen to have breached their statutory duty – particularly in relation to the money laundering rules.
It's worth a huge amount of money to them – which actually is just peanuts for them but lots for you.

You may be interested to know that a few years ago we were assisting somebody who sued NatWest for unfair treatment for £200.
NatWest were desperate to stop the action and they offered the £200 and we refused and wanted to go to court. After a couple of weeks NatWest were offering £7500 to make it go away.

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Secondly, your offer of £100 apparently to compensate me for having to do without my money and having to chase you in this way for such a long time is derisory and the answer is no. "If you are looking to settle out of court before the 11th I would advise that you propose a reasonable and fair compensation"

 

What are your thoughts on including the sentence in bold?

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You can put it if you want but it's not really necessary but they will understand that anyway.

 

 

 

 

Also I wouldn't say reasonable compensation I would say sensible compensation

 

In fact I would say sensible compensation which properly reflects the loss and damage which you have caused to me and the value to you of avoiding a judgement against you.

I would also want undertakings from you that you have not damaged my credit file and also so that you will remove all reference to this from your records and inform me with whom you may have shared this kind of information.

If you will not tell me now getting this is another issue which I will raise before the court

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If I can just butt in, I think I would want "adequate compensation".

 

Personally I would consider Santander's lack of mention of paying lost interest and a measly offer of £100 (whether compensation or goodwill) to be a personal insult, and indicative of the contempt in which they hold their customers.  Do they really think £100 is adequate recompense for what they've put you through over the last 15 - 18 months?

 

I think an adequate amount could be into 4 figures, but I think BankFodder's estimate of £5k or more is a bit over-optimistic.  Having said that, I don't have BankFodder's inside knowledge on what compensation this forum has helped members to win from banks etc. in previous cases.  Maybe several £k is achievable.

 

Personally I think I'd take up BF's offer to draft a reponse to them as I suspect BF is right that Santander really do not want this to get to court.  (I'm certain there is a lot here they want swept under the carpet!)  But a bird in the hand is worth two in the bush, so if you are not certain you want to fight this much further, then I think it would be unfair to ask BF to waste their time drafting something.

 

But in any case, I'd certainly go back to Santander and make it very clear that I want more than they are offering.

Edited by Manxman in exile
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damage to credit file is typically £1000 a shot.

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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4 minutes ago, dx100uk said:

damage to credit file is typically £1000 a shot.

 

Well maybe my guess of "could be into 4 figures" is woefully pessimistic and a hopeless underestimate of what this could be worth to the OP!

 

I think if the OP lacks confidence or has no experience of these aspects of "life" - or simply wants an end to this sorry saga - then it's a difficult decision as to what to do.

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If you have a hearing on the 11th then you must have received some court papers about this.

 

I think it's important that you let us know what is papers are and you should have load them here in pdf format.

 

All I help is completely free but it is very difficult if you won't keep us informed about what is happening to help you get the best solution for yourself

 

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I also think we can usefully add something to the letter you are going to send them.

I would want to give them a warning that one of the principles here is that they are holding onto your money and now only agreeing to return it on certain conditions – even though it's clear that they must know that the money was not involved in money laundering.

If they instruct a barrister then a barrister will have a clear duty to his or her own professional ethical duty and also to the court to tell Santander that as the money is no longer under suspicion, they have a duty to return it to you immediately and unconditionally.
Santander should warn the barrister that if this does not happen, that you will be reporting the barrister to the bar Council as well as to the court.

We need to include this. We eventually will need the name of the barrister.

Santander are treading on enormously serious ground here.

The other thing you should understand is that even though they want you to sign a confidentiality agreement, if the confidentiality agreement is intended to conceal lawbreaking by them then the confidentiality agreement is not binding.

I really think that you should come back to this thread and enter into this discussion fully because there is a lot at stake here for Santander and in money terms for you

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6 hours ago, BankFodder said:

...I would want to give them a warning that one of the principles here is that they are holding onto your money and now only agreeing to return it on certain conditions – even though it's clear that they must know that the money was not involved in money laundering.

If they instruct a barrister then a barrister will have a clear duty to his or her own professional ethical duty and also to the court to tell Santander that as the money is no longer under suspicion, they have a duty to return it to you immediately and unconditionally.
Santander should warn the barrister that if this does not happen, that you will be reporting the barrister to the bar Council as well as to the court...

 

Nice point from BF.  Obviously Santander can't impose conditions on their returning your money to you.  They should already have returned it if it's yours.  No excuse...

Edited by Manxman in exile
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  • 3 weeks later...

Hello Team,

 

I would like to thank you all for your wonderful contributions and support towards resolving this matter.

 

Special appreciation to Bank Fodder for being a rock!.

 

Santander have refunded the full amount + Court Fees and the comp they proposed. All of this was completed last week.

 

apologies for not reporting here sooner.

 

Thank you all once again, I am grateful.

 

Regards

BB

Edited by dx100uk
added A few blank lines only..dx
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Thanks very much indeed for this update. I think it will give a lot of people a lot of hope.

Did you get a copy of the court order? If so please could we see it here. It's quite important I think that everybody sees what happened

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