Not providing statements - can I reclaim?

Katielou10
Katielou10 Posts: 24 Forumite
in Reclaim bank & credit card charges
Ok so I recently swapped mine and my partners joint account with Santander from a 123 to a choice to save on overdraft fees. They informed me at that time that they hadn’t been sending me statements and should have been and they would start doing so. My partner has an online account where he receives estatements but that is only his online account not mine and they won’t discuss it with me. So basically I personally have had no Paper or estatements for years. Does this represent some negligence on their behalf and is that against bank rules? If so are the charges on the account during that time justified if I had no notifications of them? Do I have a claim? Thanks in advance for any advice.

Comments

  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    First Anniversary Name Dropper Photogenic First Post
    No "claim". What losses have you incurred? Why didn't you contact them before now?
  • dunstonh
    dunstonh Posts: 116,252 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Does this represent some negligence on their behalf and is that against bank rules?

    Are you really asking that?
    If so are the charges on the account during that time justified if I had no notifications of them?

    Any charges incurred in accordance with the T&C would be the same whether you had a statement or not.

    The fact you never asked for a statement would suggest that it wouldnt have made any difference if you had them or not.
    Do I have a claim?

    Claims culture at its ugliest.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Katielou10
    Katielou10 Posts: 24 Forumite
    Yes I am really asking that because I’ve recently had a cheque from Hsbc for interest on a loan because they wasn’t sending me the correct statement info.
    The banks have made fortunes from people struggling with money so I don’t think it’s immoral to look at the opportunity of getting some back. Only like everyone getting ppi and account fees returned I’m 99% sure all of those were not misold.
  • Katielou10
    Katielou10 Posts: 24 Forumite
    What I mean is I know lots of ppi and packaged accounts were misold but not al of them.
  • ~Brock~
    ~Brock~ Posts: 1,710 Forumite
    First Anniversary First Post Combo Breaker
    The refund on the HSBC loan would have been because of a breach of s77A of the Consumer Credit Act 1974 whereby they likely got some of the statutory wording wrong, which is quite easy to do because the rules are ridiculously complex.

    The interest refund you received was due to s77A(6)(b) which prohibits the lender to charge interest for any period of non-compliance.

    These rules apply to loan agreements only and not bank accounts so the short answer to your question is 'No, you do not have a claim'.
  • Katielou10
    Katielou10 Posts: 24 Forumite
    I understand it wouldn’t be on the same conditions as the Hsbc loan situation I just wondered if it may come under something else as they were obligated to be sending me statements and they wasn’t.
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