Wrong settlement quote given on PCP.

[axil23]

Sent them the SAR request almost 26 days back and got a reply today with the following. 

Quote

Thank you for your e-mail requesting a Data Subject Access Request. 

Please note, the supplied authority does not match the information we hold.

The information that is missing is the following: Date of Birth 

If you wish to resubmit your request, please provide us with the appropriate authority.

Does this mean the SAR is void?

I read this as they are asking me to send them a new request now or would replying with my DOB not give them more time? 

[lolerz]

send over proof of DoB and then let it run.

[axil23]

What would suffice as proof?

I just emailed them back my date of birth.

Should I send a copy of driving licence? 

[dx100uk]

no!!!

is your DOB wrong on the agreement?
did you even give it too them on it?

dx

 

[axil23]

When I filled in the finance application through Forza finance

the form did require all the directors details including DOB.

I have double checked and the DOB is correct on that application. 

The Santander paperwork did not require my DOB.  

 

[dx100uk]

ah this is a B2B PCP

then as your are sending the SAR as a private individual and not as repping the co. you need to prove to them.

unfortunately, i think that will also reset the 30 days.

dx

[axil23]

So should I send them a new SAR and put my date of birth on it?

Or do I need to send them some proof?

Driving license? 

[dx100uk]

6 hours ago, axil23 said:

I just emailed them back my date of birth.

is all you needed to do.

dx

 

[axil23]

I was wondering if taking a bank to small courts court via BCOBS is still applicable?

I can't find any recent data points on it.

Most are 10+ years back. 

Santander are taking their own sweet time and I need to contemplate my options.

It's been 5-6 weeks now. 

[axil23]

7 weeks now.

What happens if they don''t get back to me within the 8 weeks?

They have to provide me a final response in that time frame right? 

[dx100uk]

off to/update the FOS regardless.

remember to point out the FOS considered it a personal loan not B2B as you signed a PG.

did the SAR come?

dx

 

[axil23]

No SAR yet but they have confirmed via email that they have everything and will supply it by this month end. 
 

When you say the FOS considered it a personal loan due to personal guarantee who is the FOS? Financial Ombudsman?  But then that doesn’t make sense as they haven’t been involved yet. 
 

Santander in their final response to my original complaint did not agree to it. They turned my complaint down and specified that the selling dealership had agreed to treat it as personal for settlement purposes. 
 

I guess they could not agree to it as then they would be guilty of miss selling but they gave me what I wanted by saying I would not get treated as a business customer in regards to finance charges. 
 

Awful bank to deal with. Will never touch them again. 

Edited May 20 by axil23

[dx100uk]

On 03/04/2024 at 23:54, dx100uk said:

did you sign a personal guarantee associated with the car loan?

i bet you did!!

On 03/04/2024 at 23:56, axil23 said:

Indeed. You are too good. 

On 27/03/2024 at 15:04, axil23 said:

Now the FOS are saying that I need to set up a new case that I don't agree with the settlement figure advised. 

On 27/03/2024 at 19:52, axil23 said:

Since they won't accept my new complaint over the phone I can email and send them a recorded delivery letter to start a new one. Give them 8 weeks to get back to me with a final response. Should I point out that the FOS has asked me to do this? 

On 28/03/2024 at 10:52, axil23 said:

Drafting them a new complaint today.

 

[axil23]

I see what you mean. I will wait till the 8 weeks is up and then take it up with FOS. Before I do will be on with some more details on the SAR. Thank you once again. 

[axil23]

As per my initial letter date their 8 weeks finishes on Tuesday.

With Monday being a bank holiday they won't be able to reply in time.

I need to do my prep work to submit the FCA case.

Is this pretty straight forward?

Could you direct me to a thread on here that has some guidance on how to submit a FCA claim? 

Thank you in advance. 

p.s

Are you sure I shouldn't do a Small claims case under BCOBS as they owe me close to 7k and FCA can take ages.

I have the emails that say they will treat this like a Consumer loan and not B2B so am quite confident. 

[dx100uk]

FCA??

 

[axil23]

Sorry I meant to say financial ombudsman. 

[dx100uk]

thought so.

exhaust the FOS, then eitherway you could goto court.

either to enforce the FOS if they side with you or to try a claim under BCOBS though the negative FOS decision might thus be used against you.

look on the FOS website it tells you what to do.

send them EVERYTHING. 

best way is via a cheap penstick for everything else bar you initial letter.

dx

 

[axil23]

Went through the SAR and the update on their internal system last week was that I am due a refund back of roughly what I had estimated. It ends with Managerial approval required and no further updates. 

Would you suggest I wait it out or start the Ombudsman as it's over 8 weeks and we have no idea if the manager will approve. 

Called to speak with the complaint handler as she hasn't responded to my last 2 emails. I was ever so polite and the Santander team talk to you as if you are a criminal and have done some sort of fraud against them. 

Extremely rude staff.

[lolerz]

if over 8 weeks I'd start the case with the FOS myself.

Especially as you've got the SAR saying you're due a refund and they're not approving it.

[axil23]

Santander have sent their final response and have agreed that they were in the wrong.

They will be refunding me the amount I am due and £50 for the delay. 

Just the interest factor would be more than double the £50 that they are offering.

Thinking to just close this and move on.

Is this what you would do? 

Opened a FOS case on the 1st of June but haven't heard back yet. 

[dx100uk]

yes might be the best idea. you'd only at best get 8% flat interest and that unusual on a GOGW if this was what it was.

simply contact the FOS and let them know its resolved.

dx