Santander (perhaps) unfair default help!

Windydog

Hi All,

Glad to be on board and have checked out many similar cases but hope you may be able to give me some pointers? After behaving impecaably recently (looking to get a mortgage), I was rather gobsmacked to find a default had been registered against me.

Santander collections were initially very helpful but when speaking to the manager, her voice went all shakey as much of my case rests upon telephone recordings and I would imagine that she was aware that her voice would be played at any hearing.

The short (ish - but actually not very) story - Overdraft with Alliance and Leicester in 2007(about £40 but no-one can tell me) was transferred to Santander. Santander sat on it until Mar 11 then issued me a repayment notice (circa £650) and I subsequently called them to arrange repayment, caveated with a unfair bank charge complaint to Financial Ombudsman that I should have got round to :embarasse. 3 x Debit card payments of £220 arranged over the phone. Fair enough, I thought - matter finished.

Returned from overseas (Afghanistan), waiting for me was a letter from a debt recovery agency for the same amount, no chase up letters and no letter suggesting that I faced a default. Santander had not collected the money as they had suggested they would (there was money there) and I therefore paid this debt recovery outfit off to stop any further damage.

Found out this week that I had a default placed on my file, phoned Santander collections to ask why. They said that I had not completed the payments, I retorted that it's all on the tape and the matter was arranged (as above).

Collections are sending me a record of their decision and instructions on how to escalate. Initial guy on the phone at Collections had every sympathy, and (this is funny but true) one of the advisors at my local Santander branch had exactly the same thing happen to him!

Please help, how do I get them to remove this default? Baby due shortly and I really should be getting a mortgage!

[Deleted User]

I am sorry but I would not hold much hope of getting far with this case.

I had a very similar situation, fortunately mine did not quite default but was at 6 missed payments on my credit report.

Santander would only collect "debit card payments" when you call them to pay and will not take it without a call. I don't suppose you have seen this as direct debit or did you just think they would debit the card at each date - they don't they explained this to me.

Anyway when I went to FO service, they stated that because the OD was not paid in full righ away, I had already defaulted - no matter what had happened ref the repayment plan. Because the T&C's of the account state repayment as they require, I didn't I set up what you did, X number of set payments. This meant the account was defaulted.

So in essence what the FOS confirmed to me was, if you do not pay the balance back on the date that they ask, you have then defaulted and they have every right to apply this default, even if they have been unfair following this - that's classed as unfair afterwards and is not cause for removal of a default.

As for the manager, in my experience they don't care because the FOS do not speak to them directly and they have now power to give guidance on what staff should or should not do, this is a matter for the FSA and they do not like such small disputes - the people that caused me massive problems were never challenged and the Ombudsman deal with a central department at the bank only.

I hope that makes some sense, I thought I was right all the way until my big fat rejection from the FOS, having said that I did get a good will payment (all I wanted was the removal of negtive data), that never happened.

I know you said you have been out of the UK - maybe there is some hope regarding this? I don't know the rules if you have told them that you are away for set period of time.

Be prepared for a long fight - Santander are the worst bank I have ever dealt with!

bluebird

The pain from spain strikes again.

[Deleted User]

bluebird wrote: »

The pain from spain strikes again.

Love it, they also ruined my life

awayinchina

hi Guys,

I have been dealing with santander for 8 weeks. I know they say "some calls will be recorded, blah blah". But what I have done is actually informed them that I might be recording all communications for my training and learning. So what I do is call using skype and I do actually record all conversations with them. They really do not like it " as you do get conflicting information" but what this does is put you in a stonger position. Seriously, I have recoded them and I play it back to them on the phone. Suddenly, it has been referred up to high level complaints as I have informed them I will hand all recordings over to watchdog. Santander, think they are correct no matter what they do and this was the only option I had. But it is working for me.

good luck

[Deleted User]

I can see why you have done this, great idea and I know you will need them in the future, as you must for doing this.

Good Luck and lets hope this is the solution.