Santander refuse to refund charges, is it too late?

[shelley64]

Hi,
in April 2007 I applied to Santander for the return of my bank charges. I explained that I was in financial hardship, they only needed to look at my account to see that the only income I have was benefits (due to disability and ill health). I received a letter saying they would make an offer within the next few weeks.
I heard nothing and so contacted again! I was told all was on hold because of the test case.

After the test case I received another letter and was told because of the results, I would not get any refund.

Sometime later I read that under financial hardship, I could still be eligible for the refund.
I sent another letter to them reminding them that I had made them aware of my financial hardship in my original letter and once again asked them to refund my charges.
I received a letter back saying they still refused to refund my charges and if I disagreed I would have to take it up with the Ombudsman within 6 weeks.

At the time that I received my latest refusal, my health was bad, I will add that stress makes it worse. Basically I could not do anything about it at the time and so I had no alterative but to accept their decision.

Although I still struggle with my health and in some respects it is even worse than it was, I am fed up of having to roll over and accept been kicked by such companies.

I will add, that the during the period of which the charges I were trying to claim, I was unemployed for some of it and working part time and getting family tax credits for the other part, I was also a single parent with no child support payments. (charges taking my benefits).

Sorry to waffle on,
does anyone know if I could still challenge their decision?

Any advice would be most appreciated.

[TUTTSI]

Re: Santander refuse to refund charges, is it too late?

We all got caught with this during the period of the OFT test case where our cases got caught in the court system. Not sure whether they are still refunding on hardship grounds now that they won the OFT case but it is always worth a try.

We here on LB were able during the test case applied to Santander and other banks on hardship grounds and |I for one got back a good proportion of my charges from Santander (i think it was around 60/70%) which helped my financial situation at that time.

It is always worth a try, but the proof of evidences have to stack up.

Whether that is still possible I am not sure, but there is no harm in completing and income and expenditure sheet there will be one in the template library, sending documentary evidences of your hardship/health issues

Hi,
in April 2007 I applied to Santander for the return of my bank charges. I explained that I was in financial hardship, they only needed to look at my account to see that the only income I have was benefits (due to disability and ill health). I received a letter saying they would make an offer within the next few weeks.
I heard nothing and so contacted again! I was told all was on hold because of the test case.

After the test case I received another letter and was told because of the results, I would not get any refund.

Sometime later I read that under financial hardship, I could still be eligible for the refund.
I sent another letter to them reminding them that I had made them aware of my financial hardship in my original letter and once again asked them to refund my charges.
I received a letter back saying they still refused to refund my charges and if I disagreed I would have to take it up with the Ombudsman within 6 weeks.

At the time that I received my latest refusal, my health was bad, I will add that stress makes it worse. Basically I could not do anything about it at the time and so I had no alterative but to accept their decision.

Although I still struggle with my health and in some respects it is even worse than it was, I am fed up of having to roll over and accept been kicked by such companies.

I will add, that the during the period of which the charges I were trying to claim, I was unemployed for some of it and working part time and getting family tax credits for the other part, I was also a single parent with no child support payments. (charges taking my benefits).

Sorry to waffle on,
does anyone know if I could still challenge their decision?

Any advice would be most appreciated.

[Ruby]

Re: Santander refuse to refund charges, is it too late?

I believe that the FOS are not accepting anymore bank charges refund requests either

[TUTTSI]

Re: Santander refuse to refund charges, is it too late?

It does not have to be via the FOS, a direct plea to Santander with proper evidences under hardship might pull some weight.

I believe that the FOS are not accepting anymore bank charges refund requests either

[pooky2483]

Re: Santander refuse to refund charges, is it too late?

Hi, I'm new to the forum. I was just browsing through and saw your thread.
I too am having a battle with Satan (Santander) as I am on benefits and they have been taking money in charges. I have complained to them about this but is has literally fallen on deaf ears.
I wrote to them, pointing out this;
(From Social Securit Adminiistration Act 1992)
187.—(1) Subject to the provision of this Act, every assignment of or charge on–
(a) benefit as defined in section 122 of the Contributions and Benefits Act;
1
[ (aa) a jobseeker’s allowance;]
[2(ab) state pension credit;]
[3(ac) an employment and support allowance;]
(b) any income-related benefit; or
(c) child benefit,
and every agreement to assign or charge such benefit shall be void; and, on the
bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person
acting on behalf of his creditors.

All I got back was;
The purpose of the Social Security Administration Act 1992 , Section 187 is to prevent peoples benefit money being at risk by it being assigned over to a third partyin settlement of a debt. It is not intended to prohibit the aplication of bank charges. Bank charges are in the nature of an expense and are incurred by the holder of the account.Benefits are payable in order to help customers meet their expenses and as such it is legitimate for banks to deduct charges from an account held at that bank,whether the money was paid into the account such as benefits or other sources such as earnings.

I have not taken it to the FOS.
I will let you know the outcome.

[TUTTSI]

Re: Santander refuse to refund charges, is it too late?

Do you mean you have taken this to the FOS?

Try writing to the CEO of Santander

Santander Group
Ana Patricia Botin	Chief Executive
E-mail	ceo@santander.co.uk
Website	http://www.santander.co.uk
Company Twitter	@santanderuk

Hi, I'm new to the forum. I was just browsing through and saw your thread.
I too am having a battle with Satan (Santander) as I am on benefits and they have been taking money in charges. I have complained to them about this but is has literally fallen on deaf ears.
I wrote to them, pointing out this;
(From Social Securit Adminiistration Act 1992)
187.—(1) Subject to the provision of this Act, every assignment of or charge on–
(a) benefit as defined in section 122 of the Contributions and Benefits Act;
1
[ (aa) a jobseeker’s allowance;]
[2(ab) state pension credit;]
[3(ac) an employment and support allowance;]
(b) any income-related benefit; or
(c) child benefit,
and every agreement to assign or charge such benefit shall be void; and, on the
bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person
acting on behalf of his creditors.

All I got back was;
The purpose of the Social Security Administration Act 1992 , Section 187 is to prevent peoples benefit money being at risk by it being assigned over to a third partyin settlement of a debt. It is not intended to prohibit the aplication of bank charges. Bank charges are in the nature of an expense and are incurred by the holder of the account.Benefits are payable in order to help customers meet their expenses and as such it is legitimate for banks to deduct charges from an account held at that bank,whether the money was paid into the account such as benefits or other sources such as earnings.

I have not taken it to the FOS.
I will let you know the outcome.

[pooky2483]

Re: Santander refuse to refund charges, is it too late?

Yes, I've taken it to the FOS.
I wrote an email to the CEO and she just bounced it back UNREAD.
So I posted another one and this time it was passed onto someone in complaints and I have been emailing them ever since.
And as I have got nowhere with complaining to them, I have taken it to the FOS.

[leclerc]

Re: Santander refuse to refund charges, is it too late?

Yes, I've taken it to the FOS.
I wrote an email to the CEO and she just bounced it back UNREAD.
So I posted another one and this time it was passed onto someone in complaints and I have been emailing them ever since.
And as I have got nowhere with complaining to them, I have taken it to the FOS.

And for reference Tuttsi, the SSAA is a dead duck and if you look at Amethyst's thread on Appropriation of funds I have gone through this with a fine tooth comb

[TUTTSI]

Re: Santander refuse to refund charges, is it too late?

Then as a suggestion in the first instant I would have your benefits paid into a new bank account where there are no DD's going out from, something like a post office giro account. But then you must bank the the right amount money required to cover all your DD's going out.

It is also possible that your outgoing expenses outweigh your income ie disability allowances and maybe you will have to look at you outgoing comitments to reduce your payments. If you do not look at the whole package you will find more and more charges occuring. It is time now to stop whatever is being paid out which is not necessary so that you can budget within your means. You may have life assurances/subscriptions for Tv and sruff like that which could be reduced. Haqve you ever done an income and expenditure sheet.

Other ways which others may have more experience of is a debt plan with people that you are struggling to pay. Someone with more experience will be along to help you on this aspect.

[pooky2483]

Re: Santander refuse to refund charges, is it too late?

It's not that Tuttsi, it's the timing of the money coming in and money going out.
I recently had a DD for Severn Trent bounce and then the day after, there was a Social Security payment paid into the account. I emailed Santander (I have ongoing communications with a certain person in the Complaints Department) and I argued that I was going to be charged £25 for being overdrawn for LESS THAN 24 HOURS. He quashed the charges.

I have a way to stop charges being applied to the account but it's a bit difficult when my OH like to spend money lol. Think I'm just going to have to be tough on her for a while and keep saying were skint.

But there does seem to be a glimmer of a lifeline... I recently did an online benefit calculator and found out that I may be entitled to carers allowance. I got a letter back yesterday saying as I came off Incapacity Benefit, I could try and claim from that date (6/7/12) and at £58 per week, that's quite a nice amount, hopefully £2,162.65. It may not be that much but it would be nice if it was, I also hope that it doesn't affect the amount I currently get in Income Support. I'd be happy at even half that amount.