Help and advice dealing with Santander

Becs112

Hello all

I am posting this in the hope that someone can offer some advice regarding what rights we have regarding money being taken out of our account without our authorisation.

Last week, we received a letter from Santander informing us they had taken £1293 out of our account. This letter was dated the same day as the money left our account, giving us no notice of their action. This has left us with no money to pay our mortgage at the end of July, and no money to live on for the rest of the month.

As a bit of background, the letter stated it was regarding a payment from Oakwood Homeloans whom we previously held our mortgage with. This mortgage was paid up in August 2008. After the account was settled, they continued to take monthly payments by direct debit in error. As a result we were refunded the money in November 2008.

Now, nearly 2 years later Santander have sent us this letter to reclaim this money. We have rung countless times and no-one can give us a satisfactory answer as to why this money has been taken. They have told us they are within their rights to take back this money as they have an 'agreement' with Oakwood that if there is an error they can reclaim the money from us.

Can they legally just take this money without giving us any notice or providing us with any correspondence from Oakwood? To top it all, when we rang Oakwood, they said they have no record of requesting the money or having received it. Where has the money gone???? The letter says it was taken to repay Santander, not Oakwood. Why would Santander be reclaiming this money???

Given the lapse of time since the original transaction in 2008, can they just take this money? Is there a due process they should go through, in order to give us notice? Surely just taking money should be a last resort and they would have to go through the courts if we owe this money, rather than just taking it from our account?

We are absolutely desperate and don't know who to turn to. We have complained to Santander and will take it to the Banking Ombudsman but in the meantime have no money to live on.

Can anyone advice what our rights are? Any words of advice would be most appreciated.

Mikeyorks

Becs112 wrote: »

As a result we were refunded the money in November 2008.

A key point is how this was done? If it was a direct refund from Oakwood - then there is no rationale in Santander wanting or having the right to any money.

But a different story if (unwisely) it was via the DD Guarantee? As the process is that Santander refund the money and then seek indemnity of that sum from Oakwood via their Bank. If Oakwood say 'no - the money was taken correctly' ....... then Santander have the right to recover the money from you directly. As they're out of pocket.

However the timeframe is all to pot for it to be a disputed indemnity. I no longer have access to the 'internals' of Direct Debits but I used to be an indemnifier ...... and there is a rigorous timeframe to be met and which is measured in days not years.

Formal complaint (Special / Recorded) to Santander is the way I would go?

(But - if it was a refund via the DD Guarantee .......... you might like to ring Oakwood again and ask specifically to talk to their Direct Debit indemnifier. As, if they have disputed the refund it's unlikely to be obvious to any of their normal staff. The 'indemnifier' (there may be more than one) is a nominated post under the DD scheme rules who deals with their Bank in Guarantee cases and either agrees they will live with a refund that's been made - or tells the Bank to reject it. The 'indemnity' is being offered to Oakwood's Bank in order they're not out of pocket if they repay your Bank. But - as I said earlier - it's way beyond scheme timescales)

Becs112

Great, thanks for the advice. We will go back to Oakwood as you suggest and we have written a complaint letter. My husband has also just informed me that having spoken to Santander today, there is a note on the account they they may take a further £1300 next month - again with no notice.

I spoke to our solicitor who managed our re-mortgage and he also said given the time lapsed that they should not be able to take this money.

Regarding the DD, we were paid by cheque and also by DD refund. I am hoping they're not trying to reclaim the cheque paid too.

I can see quite a battle on our hands.

Mikeyorks

Becs112 wrote: »

and also by DD refund.

As I said earlier - this is simply too long a timeframe for it to logically be a rejected indemnity claim. If it was it means Santander have been out of pocket for close to 2 years. And that they - Oakwood's Bank - and Oakwood themselves have all been complicit in dropping the ball and allowing the indemnity claim to simply lie untouched. Which doesn't make sense.

All I can think is that Santander paid you ........ and then failed to make an indemnity claim - and have suddenly realised (when it's too late to recover the money from Oakwood) that they're out of pocket!

bengal-stripe

Becs112 wrote: »

Regarding the DD, we were paid by cheque and also by DD refund.

Do I understand you right?

Did you get the amount paid twice, once as a cheque (from Oakwood) and again as a DD refund from Santander?

scott_lithgows

Becs112 wrote: »

Great, thanks for the advice. We will go back to Oakwood as you suggest and we have written a complaint letter. My husband has also just informed me that having spoken to Santander today, there is a note on the account they they may take a further £1300 next month - again with no notice.

I spoke to our solicitor who managed our re-mortgage and he also said given the time lapsed that they should not be able to take this money.

Regarding the DD, we were paid by cheque and also by DD refund. I am hoping they're not trying to reclaim the cheque paid too.

I can see quite a battle on our hands.

Cant take it if accounts closed.Best thing for any abbey/santander account.

Becs112

Yes, we were paid twice. We're just waiting for Santander to send through the bank statements for that time period, but from memory it was done in two separate payments, and I think one was by cheque. Until we get the bank statements I can't be certain. It was so long ago....

However I spoke to the banking ombudsman today who have logged a formal complaint for us and also indicated that the time to claim a disputed DD payment back is normally 8 weeks!

Becs112

Meant to add that we were paid twice because they took 2 direct debits from us after the mortgage was settled and so we were refunded for both direct debits.