Subject Access Request nightmare

[Amethyst]

Re: Subject Access Request nightmare

Indeed I agree. I was just thinking to get started ordering a couple of copy cheques of particularly suspect transactions through the ordinary 'fiver for a copy cheque'channels may save a little time and effort getting any investigation kickstarted.

[suzie04]

Re: Subject Access Request nightmare

The police are involved and have told me that even though they can see what has happened without hard evidence there is nothing they can do, as they have spoken to the person involved who told them that Mum gave them permission to take the money even though before she died she told me and various others that they were stealing from her. The police said this was third party evidence and couldn't be used.


The SAR of her bank statements and savings withdrawals have shown activity in Glasgow which is hundreds of miles from where Mum lived and there is no way she would have been physically able to travel that distance and back again to withdraw more money in 2 days. She had a rare autoimmune neuromuscular disease and going shopping once a week used to completely wear her out. I am thinking of getting her medical records to back this up.

I really don't know where to go or what to do anymore as even the bank have said that her current account shouldn't have been in hundreds when the savings had thousands in it.

The banks police liaison officers even said to get the SAR and it would give me signatures of transactions cheques ect, my head feels like bursting with all the pressure and no-one seems to know what they are doing at the bank.

[suzie04]

Re: Subject Access Request nightmare

Just a quick update,
I have now spoken to the FOS after Santander sent me their final response letter which states that they are confident that my mother made those withdrawals, and there hasn't been any error by Santander.

My question now is what supporting evedience should I send to the FOS regarding this matter and the way Santander have passed me all around the business for the last 6 months.

I have supporting medical evidence that she wouldn't have been able to frequent the bank as often as her account suggests, also I have copies of e-mails stating that I have asked for signatures, and I have a reply from that e-mail saying it had been sent to the department that deal with SAR requests so they cant say they didn't know I was asking for all information regarding her accounts. Will that be enough??

[enaid]

Re: Subject Access Request nightmare

What did the FOS say when you spoke to them?

[suzie04]

Re: Subject Access Request nightmare

They said I will need a copy of Mums death cert, my birth cert a letter saying her estate was small so no probate/ letters of administration needed.
He said if I have medical eviedence then I should send that in, but because her condition was extremley rare would it be worth putting in a leaflet or something outlining her condition and how it would have affected her ability to travel frequently?
Also to enclose both santander complaint closure letters.

[enaid]

Re: Subject Access Request nightmare

I would send what they have asked for and yes good idea to send them info on your mums condition also copies of any NHS letters that you have after your mum has seen doctors etc and a list of meds to if that applies.

[leclerc]

Re: Subject Access Request nightmare

My gut feeling says that you need to get copies of the cheques on the basis that you believe that fraud may have been committed and want to check the signatures on them. Are the cheques made out to cash or are they made out to A N Other.
When the A N Other party in this case stated that they were authorised, for what purpose were they for? ie was it for care costs such as shopping.

Has the bank investigated each cheque and do they have a valid signature of your mother on file(some banks may not and therefore might be relying on a signature that was used during the period that might be fraudulent)?

[suzie04]

Re: Subject Access Request nightmare

Have taken this to ombudsman, adjudicater says it's a court matter, advice needed please.

[leclerc]

Re: Subject Access Request nightmare

Suzie, what was the answers the the questions I asked before your update?

[suzie04]

Re: Subject Access Request nightmare

Basically I have no copies of any cheques or anything with a signature on at all, and due to the time elapsed I don't think there is any chance of getting them
The Adjudicator says that she is not satisfied that my mother did not carry out the transactions or authorise someone else to make them for her, even though the current account was in severe finicial hardship, bills were not being paid, there were late payment charges on most bills from the time, and to top it all off bank charges for unpaid DD's, cheques, going over the overdraft limit on the account ran into hundreds some months.
I sent all this information off to the ombudsman along with detailed information about her rare medical condition and hospital admission letters, but haven't got anywhere. Santander have offered me £120 for mishandling the complaint and I have been told that this is something more determined by a court.

[suzie04]

Re: Subject Access Request nightmare

Can anybody advise on this please?

[leclerc]

Re: Subject Access Request nightmare

If you are executor of the account can you simply request a copy of all cheques that are available that you believe to have been fraudulently written?

[des8]

Re: Subject Access Request nightmare

I can see you having to make application to the courts for an order forcing Santander to release the cheques.

[suzie04]

Re: Subject Access Request nightmare

I have asked the adjudicator at the FOS for copies of cheques that were made out within the time limit, and also asked how my Mother could have signed a mandate to the 3rd party whilst she was in hospital in a critical condition ( they had a medical letter confirming this).

[suzie04]

Re: Subject Access Request nightmare

Have had a decision letter from FOS, who have said it is something they cannot fairly make a decision on and it is a civil matter., even though there is evidence of fraud on the accounts and transactions, mandates signed that just couldn't have been physically possible for my Mother to have made or authorised....ie the mandate signed whilst she was in intensive care and the use of her card after she had died.

Does anyone have any advice on which road to take?, would it be a Private Fraud prosectuion through the criminal court, a civil matter or both?