Santander gone away default

nottoolate

important to note that point (1) in that doesn't apply here as its related to a bank account

Paveway

Thank you for that. Also thanks for that link. There are lots of useful points of law held within.


David

Hanky_Panky

Paveway wrote: »

Hi, firstly thanks for this response, however i do not agree with some points. Please do not take offence. I believe i made no assuption that the banks had to update their files in respect of my address and is why i asked the question regarding information sharing.
I have stated that i am no legal expert, but i am in law enforcement and am very well versed in criminal law; with regards to legal definitions, for an offence to be complete in any topic, the various parts of the definition also have to be satisfied, so in regards to the Actual type of default which is incorrect the default would be unlawful. I believe it is unlawful becasue Santander have NOT taken all reasonable steps to contact me prior to issue. The company, which has an obligation under principle four (4) did not ensure that data held about me was accurate.

I will contact Credit expert as they also have an obligation also under data protection principle four.

Like i stated; not inteded to offend

David

No offence taken and I hope you do get this resolved in your favour. I am just trying to be realistic about your chances and help inform you what may come back from Santander so that you are ready armed with a suitable response.

So in response - I can't see anywhere in your original post where you have asked about information sharing. As I previously stated they would not know that your mortgage account and bank account were linked so therefore there would be no sharing of information between these accounts/departments. It would be encumbant on you to notify the bank account department that you had moved and give them your current address - did you do that ? It is my presumption that you didn't.

To the default - I can see your point however it seems the only area of contention here is the gone away indicator - if this was removed would you be happy ? Probably not. In any event this is linked to my answer above - as far as the bank account team are concerned you had left that address without telling them (again my presumption here).

So be careful as if you ask them to remove the reference to gone away they may do it but then re-register it correctly.

good luck.

Paveway

Actually thought i had mentioned about information sharing. No matter.
I would agree that had i been using my account and not indicated that the account was to be closed then yes, i would have informed them of my address.
With regards to the Banking department not communicating with the mortgage department, i would agree not essential on the most part. Here is the kicker though. Under Data Protection, they must Take all reasonable steps. I Can only attribute this to this scenario. The Metropolitan Police (whom i do not work for) will be broken down into divisions. For ease i will call them North, East, South & West divisions of the Met.
It is not feasable that the North division dont check or have access to information held by the South. It is one organisation.
SANTANDER have NOT taken all reasonable steps to contact me.

Not sure what you meant by the Gone away indicator. the default is registered owing to the Default indicator. All i want is it removing. They can not replace it with anything else as that would also be unlawful. (Changing the rules to suit)

David

Hanky_Panky

Paveway wrote: »

Actually thought i had mentioned about information sharing. No matter.
I would agree that had i been using my account and not indicated that the account was to be closed then yes, i would have informed them of my address. A presumption on your part that subsequently turned out to be incorrect as you still had account fees to consider.
With regards to the Banking department not communicating with the mortgage department, i would agree not essential on the most part. Here is the kicker though. Under Data Protection, they must Take all reasonable steps. And they will argue that they did by sending letters to your last known address - you need to think about how you could counter that argument with something appropriate. I Can only attribute this to this scenario. The Metropolitan Police (whom i do not work for) will be broken down into divisions. For ease i will call them North, East, South & West divisions of the Met.
It is not feasable that the North division dont check or have access to information held by the South. You simply cannot use this as an example if you want to win It is one organisation. To you maybe but internally they operate seperately - as previously mentioned this alone is not enough to get the default removed.
SANTANDER have NOT taken all reasonable steps to contact me. As above.

Not sure what you meant by the Gone away indicator. the default is registered owing to the Default indicator. Just picking up on your previous comment about it being recorded incorrectly - to me a default is a default - i wasn't even aware they placed markers on stating gone away until your post. All i want is it removing. They can not replace it with anything else as that would also be unlawful. (Changing the rules to suit)

David

So again you have to come up with more than you currently have to get this resolved to your satisfaction - looking at this from the banks point of view you operated a bank account, tried to close it while there were still outstanding charges then failed to notify them of your change of address. They probably wrote to you at the last known address and only received post back marked gone away so defaulted your account accordingly.

Possibly your best course of action is to do a SAR and find out exactly how they tried to communicate with you at the time and see if they followed the correct procedure and get it removed if they have made an error in following the correct process.

From what you have written so far on here I can see no grounds for removal. I'm sure you want to believe it is all one organisation and that they should check however this is just not practical at that level and your complaint would fail on that basis alone.

Paveway

Ok, i feel we are going around in circles. if you re-read my original post, i did state that as i was not using my account Abbey charged me, which i argued and had resolved. I then asked for the account to be closed. I did not check. I recieved no letters regarding the arreas at no time, becuase i was using online banking only. Ok, not ensuring the accounts closure was my undoing. If i had an honest and genuine belief that the account was closed i am not duely bound to inform the bank of my new address. They simply did not need the information. Also, how can they prove that a letter has been sent without having prove of reciept. My argument regarding internal comunictaions is a valid one. SANTANDER is ONE company. It is not the consumers obligation to ensure that the Bank or what ever company holds personal information correctly, that is the job of the company as stated by the Data Protection Act.
With regards to the gone away, again; the whole default revolves around the fact that SANTANDER did not take all reasonable steps to contact me and make me aware of their intentions. Had they done this, the account that was in arreas through their unlawful bank charges would not have even got to that stage.

David

Hanky_Panky

Look seriosuly I am trying to give you advice on how to resolve this - yes we are going round in circles and I suppose it is up to you if you decide to take the advice or not.

Once more though for luck - you cannot make the argument that it is one company and expect that to work for you - you need to come up with something else or you will most likely fail.

Your BELIEF about it being one company does not make it so in this regard.

nottoolate

complain to the company and then make a formal complaint to both the financial ombudsman and the information commissioner if you dont get anywhere

let them decide if you have a case

Paveway

Looks like i am going to have to really. They seem to think they have resolved the issue; by way of an appology letter at my inconvenience and a £50 cheque. The very nerve of them.

David

nottoolate

Paveway wrote: »

I made a complaint to SANTANDER verbally over the phone and they started an investigation. I had to further complain as this was not resolved. Today i have recieved a £50 cheque as a token of goodwill, but no default removal. They say that at the time that the account was attempted to be closed there was a balance.

suggests that they know they were in the wrong

keep pushing :beer: