santander- force collection of direct debit 12 days before due date

[grateful]

Hi there.. looking for any advice on my heading re: santander. I am 18 months into a loan agreement in which I pay by direct debit on 14th of each month. However I have learned that they have attempted to collect 12 days before due date which they admit to, citing forced collection on my account. I have subsequently been slapped with bank charge as funds not yet availble for the DD. Following numerous calls at 10p per min I have been asked to all sorts of running round. I received a warning letter from the bank about possible closure of my account and lots of mither toing froing! Does anyone out there know how I best remedy this issue and is it a breach contract? If so what would that mean?

[TUTTSI]

Re: santander- force collection of direct debit 12 days before due date

I would take this up with the CEO of Santander, she should compensate you for your losses.


Santander Group



Ms Ana Botín Chief Executive

Email ceo@santander.co.uk
Website http://www.santander.co.uk
Social Media TF

Address 2 Triton Square, Regent's Place, London, NW1 3AN, UKM
Company Number 02294747C

[grateful]

Re: santander- force collection of direct debit 12 days before due date

Thanks very much Tuttsi for the links and information. I shall most certainly do this and will update on here if I get a response!

[seduraed]

Re: santander- force collection of direct debit 12 days before due date

isnt this a a breach of the direct debit guarantee scheme?

[wales01man]

Re: santander- force collection of direct debit 12 days before due date

Someone at the Bank had to have altered the date of the DD I thought it was all on a computer programme updated by a human when a new DD is requested .
All my DDs say payment will be collected on or after a date this must allow for weekends and bank holidays the bank is at fault who else could it be?

[grateful]

Re: santander- force collection of direct debit 12 days before due date

Hi border collie. Yes it is. I note on their letter Santander will give 10 days notice unless with prior agreement. I have to update on what thus far has occurred.

[grateful]

Re: santander- force collection of direct debit 12 days before due date

Hi Alsation, (love your name). Yes bank definately at fault, and rather than call it a "forced direct debit" as was advised by a member of staff, my letter that alledgedly has investigated my complaint, prefer "system failure".. so funny these corporate jargons. I shall be posting an update with what has occurred at todate. I must add ripple effect is an understatement, more tidal wave.. thanks

[TUTTSI]

Re: santander- force collection of direct debit 12 days before due date

looking forwards to hearing the outcome?

Hi Alsation, (love your name). Yes bank definately at fault, and rather than call it a "forced direct debit" as was advised by a member of staff, my letter that alledgedly has investigated my complaint, prefer "system failure".. so funny these corporate jargons. I shall be posting an update with what has occurred at todate. I must add ripple effect is an understatement, more tidal wave.. thanks

[grateful]

Re: santander- force collection of direct debit 12 days before due date

Hi all. firstly I would like to say thanks for email address for CEO at Santander as this proved to gee up my complaint within 12 hours of receipt from a hierarchical point of view. However its not over just yet!!! Events so far as follows.....

11th Dec 2014
An Industrial injury payment failed to hit my account on time, assured by them would be week later (it was) Santander consumer finance Direct Debit (DD) due out on 16th Dec. Called Santander on 12th as realised a problem! Advised by Santander £25 charge and £12 to pay with card on 18th, also advised cancel my DD. I did.
Called Santander on 18th as agreed and made the payment. (I received a default notice dated 19th a day after they agreed for me to make payment which states will be recorded with credit ref)...They agreed waiver of charges on 18th how kind. (first offence), also re-set DD to continue as before (last 18 months)14th. Called my bank same day 23rd to set up DD again. Fatal Error... Received letter from Santander dated 23rd Dec confirming all details - DD all future payments 14th of each month from Jan 2014.. Alls ok NOT!

On 7th Jan at 4.31 pm receive text from Santander. Your DD was returned unpaid we will reapply within next 24 hours. (what is this I ask myself)... Called my bank 7th told yes Santender tried to take a DD 2nd and subsequently 9th not enough funds and bank charge for it. Did receive letter to confirm charge from my account, also threat of closing account and limiting use of debit card.
Called Santander first thing following morning cost 10p min ans 50 mins later to learn a "Forced DD" on my account, Connor has no idea why and cant stop Santander from trying to collect again as no switch to turn it off! Why are you collecting? Has no idea.. I'm not happy ask to speak with someone senior to no avail. Eventually agreed someone to call me later in day. My card for my bank was declined whilst in the community with a client this same day.
Over next few days I get no joy until I spoke with a complaints handler who promised a full investigstion (will need to go through all calls I made etc. Cannot refund bank charge until I forward copy of letter.. sent this via post and fax wont refund calls fax post time petrol etc. Received investigation letter dated 22nd Jan which confirms as I thought no investigation has in fact really taken place.. I do hear that they will BACs the bank charge too late as left account on 20th and no mention of all other out of pocket expenses.
I have now been informed by my bank that they will log this transaction with a credit ref agency (6 years) woah enough already as I did not have funds to cover the Santander charge.
So CEO Santander received email on 23rd late at night expressing my disgust and how appalling they behave. I did add that FOS may find this most interesting. Call received AM 24th from her office to advise this WILL be looked into and I can expect a call mid week. I shall await with anticipation trepidation anxiety and a passion to get resolved.

[grateful]

Re: santander- force collection of direct debit 12 days before due date

Hi.. Today I heard from Santander, informed me they have gone through all my calls and they are at fault. I was initially offered total of £50 for out of pocket expenses and my inconvenience which increased to £75, as I explained why I wasn't happy, I kindly pointed out the matter relating their default notice (19th Dec) relating to an agreed and paid instalment paid 1 day before by card on 18th. This same letter said a charge of £25 was taken from my account the day before (18th Dec). The plot keeps thickening. Now forward wind to Jan 2014. The DD due 14th was attempted on 2nd (bank charge) & 9th & 14th- even though arranged by Santander to take by card on 14th (thankfully cancelled DD with my bank).. On 20th bank charge went out, no funds to cover it!!! Now as previously said Santander bacs payment for charge made on 24th, too late my bank will record with credit ref agency (6 years)... horrendous and CEO office coming back to me tomorrow with a see what we can do!!! what say you??? Go on to FLA & FOS
Help gratefully received, losing the will...

[TUTTSI]

Re: santander- force collection of direct debit 12 days before due date

I would stay with the CEI's office, they have admitted it was their fault.

They must return the charges to you that was erroneously charged to your account, compensate you (£75 is in my view fair) and withdraw the default notice. So you should not be in a worse situation.

I am not sure what the FLA and FOS will do, that would be a last choice. You have Santander CEO department having agreed they were wrong. You now need to work on this directly.

Hi.. Today I heard from Santander, informed me they have gone through all my calls and they are at fault. I was initially offered total of £50 for out of pocket expenses and my inconvenience which increased to £75, as I explained why I wasn't happy, I kindly pointed out the matter relating their default notice (19th Dec) relating to an agreed and paid instalment paid 1 day before by card on 18th. This same letter said a charge of £25 was taken from my account the day before (18th Dec). The plot keeps thickening. Now forward wind to Jan 2014. The DD due 14th was attempted on 2nd (bank charge) & 9th & 14th- even though arranged by Santander to take by card on 14th (thankfully cancelled DD with my bank).. On 20th bank charge went out, no funds to cover it!!! Now as previously said Santander bacs payment for charge made on 24th, too late my bank will record with credit ref agency (6 years)... horrendous and CEO office coming back to me tomorrow with a see what we can do!!! what say you??? Go on to FLA & FOS
Help gratefully received, losing the will...

[grateful]

Re: santander- force collection of direct debit 12 days before due date

Hi Tuttsi, Thank you for replying.
Santander will be sending me a report on the matter. So ask at what point would I involve FLA or FOS? Are they purely in place should I not be happy with the the report?
Further call to me today. I have finally received full explanation and yes they have accepted total fault ("forced DD") and "inadequate training" highlighted. I have been advised Santander NOT entered default with them grateful for.. I was asked what I felt would be an acceptable offer for compensation & out of pocket expenses, genuinely no idea! Had a lengthy call with my bank both last night and this morning learned my bank account only allows max 3 x OD in 120 days, Santander has used 2 of these within a month, have never been OD in 7 years, at 3 they WILL close account as the acc type does not allow overdrawing of any kind and due to Santander not paying the charge until this had already left my account and no funds to pay the charge myself, my bank have advised it will be recorded with Experian (will show endish of Feb), worse position. Would I be correct in thinking this shows for 6 years? which if so, makes £75 appear quite paltry..

[grateful]

Re: santander- force collection of direct debit 12 days before due date

Santander at today... To treat as 2 separate issues.. pleasing! I've agreed to accept £75 for for forced DD excl charge they have paid. The matter of credit reference agency to be dealt with at a later date, but they have agreed to look at compensation once it shows on my file and will also write a letter to state their fault and ask if my bank will remove it... its a start to put right wrongs... hopefully resolve and move on.

[leclerc]

Re: santander- force collection of direct debit 12 days before due date

Santander at today... To treat as 2 separate issues.. pleasing! I've agreed to accept £75 for for forced DD excl charge they have paid. The matter of credit reference agency to be dealt with at a later date, but they have agreed to look at compensation once it shows on my file and will also write a letter to state their fault and ask if my bank will remove it... its a start to put right wrongs... hopefully resolve and move on.

I assume the £75.00 relates to three payments and does not relate to compensation for time and inconvenience. When working out compensation remember, your time, the amount of money to resolve it(even if they did not resolve it...so anything prior to the CEO office).

[grateful]

Re: santander- force collection of direct debit 12 days before due date

The payment of £75 is for inconvenience and out of pocket expenses only, on top of this Santander made a bacs payment to cover my bank charge however this was too late as i had no funds to cover the charge. Hence my bank recording with credit ref agency.
Santander have agreed will treat the credit reference agency issue later.