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Bank Charges and CCJ issued against Santander

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  • Bank Charges and CCJ issued against Santander

    Hi
    Can anyone help or guide me.I am trying to reclaim charges on a burtons store card now being dealt with by Santader. I issued a money claim on the .gov website. I had correspondance to my email from a lawyer acting on behalf of Santander saying they were going to dispute the case.

    However when I logged into my online money claims account, it said Santander did not respond to the case and asked if I wanted to issue a CCJ. Can anyone shed any light on this please.

    Kind Regards
    Dec


  • #2
    You've issued a claim against Santander for late payment / overlimit charges on a Burtons account card. Were these £12 charges or pre 2006 £25 charges ? and on what grounds have you reclaimed them ?

    They havent acknowledged the claim and you have the option to apply for a default judgment ?

    They responded to your preaction letter saying they intended intended to defend the case, and the claim was issued to the correct service address ? ( did you post a preaction letter at all or just email ? and what address for service did you use ? )

    If you are past 17 days since the issue date you can ask for the judgment - when/if it is issued the judgment will be sent to them as well - they will either pay it or apply to set it aside.... or ignore it and let you try to enforce it.

    Did you use use the new moneyclaim system https://www.moneyclaims.service.gov.uk/eligibility or the old one https://www.moneyclaim.gov.uk/web/mcol/welcome
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Received a Court Claim? Read >>>>> First Steps

    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

    Comment


    • #3
      You've issued a claim against Santander for late payment / overlimit charges on a Burtons account card. Were these £12 charges or pre 2006 £25 charges ? and on what grounds have you reclaimed them ?

      They were after 2006 - some were 12 and some were 15, I am trying to reclaim them on the basis that they were excessive, 31 monthly charges out of 70.

      They havent acknowledged the claim and you have the option to apply for a default judgment ?

      A solicitor emailed me saying they were going to defend the case as it is over 6 years ago but i argued that i only became aware I might be able to reclaim them after a successful PPI reclaim on the same account

      They responded to your preaction letter saying they intended intended to defend the case, and the claim was issued to the correct service address ? ( did you post a preaction letter at all or just email ? and what address for service did you use ? )

      All i did was make the claim online using https://www.moneyclaims.service.gov.uk and let them get in contact with Santander. I then received an email from a solicitor saying they were going to defend it. However when i logged into my online account it said Santander did not respond to the case and asked if i wanted to issue a CCJ, which i did.

      My online account says;

      You requested a County Court Judgment (CCJ) against Santander.

      When we’ve processed your request we’ll post a copy of the judgment to you and to Santander.

      I used the new money claiming system - //www.moneyclaims.service.gov.uk

      Can you make any sense of this. Thanks for you time and reply.

      Comment


      • #4
        Yes What happens now is Santander will receive a judgment in default order from the court, likely forthwith, if they don't pay in 28 days you can look at enforcement options. They may well apply to set aside the judgment if they didn't receive it, something to deal with if it happens.

        Can you give the address you put as the defendants details ? You used the same email as the one you'd discussed the case with previously ( the new claims get emailed as well as posted ) ?

        31 out of 70 months ? One charge each of the 31 months you'd paid late / missed payment or went over limit ? Have you just said they were excessive or have you stated unfair terms / relationship ( or common law penalties maybe?)


        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

        Received a Court Claim? Read >>>>> First Steps

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

        Comment


        • #5
          @Amethyst

          What happens now is Santander will receive a judgment in default order from the court, likely forthwith, if they don't pay in 28 days you can look at enforcement options. They may well apply to set aside the judgment if they didn't receive it, something to deal with if it happens.


          Can you give the address you put as the defendantsdetails ? You used the same email as the one you'd discussed the case with previously ( the new claims get emailed as well as posted ) ?

          I give there address as 'Santander, 9 Nelson St, Bradford, BD1 5AN' as this is the address they used in correspondance with me in regards the PPI and late payment charges. I then received an email from a solicitors compancy based in Machester stating they were going to contest the claim.


          31 out of 70 months ? One charge each of the 31 months you'd paid late / missed payment or went over limit ? Have you just said they were excessive or have you stated unfair terms / relationship ( or common law penalties maybe?)

          Yes I received a penalty of £12 and sometimes £15 for a late payment charge 31 times over the life-span of the account. This caused the account to go over the limit for large periods of time but they records they sent me show no over-limit charge. I doubt there would have been no over-limit charge given the amount of late payment fees they seem fit to put on the account. I wish I had the original documents of the account but I do not and am relying on the account details they sent me in regards a successful PPI claim i made on same account.

          I have just stated that I felt the charges were excessive.

          Thanks again for your help with this.

          Comment

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