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FOS Decision: Unfair Bank charges in financial hardship

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  • FOS Decision: Unfair Bank charges in financial hardship

    complaint
    Ms T complains that charges applied by Santander UK Plc to her bank accounts have
    contributed to her experience of financial hardship. She seeks a full refund of these charges,
    or an appropriate alternative remedy.

    background
    Ms T says she first approached Santander for assistance in late 2008 – when her personal,
    employment and financial circumstances changed – but found them unhelpful. She says that
    she contacted the bank on several occasions subsequently and, in July 2012, she made a
    written complaint. She told the bank that she was in financial difficulties and sought a refund
    of fees and charges for the previous four years. Santander responded on 21 July by waiving
    charges applied in June 2012, and due to be applied in July and September.

    Ms T has two accounts. Santander’s response helped one account to return to credit, and it
    was not used again after July 2012. The second account was in credit on 21 July, but moved
    into deficit on 28 August, and was £402.99 in deficit on 26 December. Ms T agreed a
    repayment plan with the bank’s Collections team in December, and the account is no longer
    being used.

    Santander says that, although it agrees there have been a series of contacts with Ms T since
    2008, she did not mention her financial difficulties until July 2012. It reviewed its response in
    January 2013 and offered, as a goodwill gesture, to clear the outstanding balance on her
    second account and then to close both accounts.

    Our adjudicator considered this offer to be reasonable. She noted that, while Santander is
    expected to respond positively and sympathetically to cases of financial difficulty, it is not
    obliged to refund any charges or to prevent further charges being applied. Ms T disagreed
    saying that the bank had not helped her sufficiently, and had contributed to her suffering
    stress and other illness.

    my findings
    I have considered all the available evidence and arguments, in order to decide what is fair
    and reasonable in the circumstances of this complaint. I sympathise with Ms T, but I find that
    I have come to the same conclusion as our adjudicator, for exactly the same reasons.

    my final decision
    My decision is that Santander UK Plc should clear the outstanding balance on Ms T’s
    second account.

    Roy Mawford
    ombudsman
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps
    Tags: None

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