Santander - Ombudsman Final Decision

jon142

Hey all,

I am looking for some advise surrounding Santander.

I went to the ombudsman about Santander because I was unhappy with some information on my credit file.!

Basically when the bank charges test case was decided A&L at the time asked me to ring them to discuss the repayment of an overdraft.

We agreed on the phone I would credit the account with £30 every month and within 2 years it would repay the £500 OD.

Anyway, Santander recorded this on my credit file at 3,3,3,3,3,3 so 3 months late with every payment, I complained and they did nothing! At this time I also decided to pay the overdraft off full and final settlement.

Anyway after a long battle with the ombudsman and Santander the ombudsman has finally reached the decision and said Santander should take them late 3 markers off my file.

It has said however that IF the bank chooses to a " marker " may be added. To show I was on some sort of arrangement, but this marker is NOT allowed to show anything about arrears.!

Santander being them lovely selfs want to jump at that chance and add an arrangement marker which I think constitutes a arrears.

Anyone got any advise? I've been sorting this thing out now for 2 years the least they could have done is not apply the marker.

Jon.

opinions4u

You had a debt that was repayable on demand.

You didn't repay it in full on demand.

You made an arrangement to pay.

It seems fair and right that your credit file reflects this.

jon142

Well the bank has an option to do it or not.

Why would it choose to do it rather than choose to help a customer out and not do it?

Feels like they are trying to get one up on me for showing them up with the 3's. That's the only reason I can see.

opinions4u

jon142 wrote: »

Well the bank has an option to do it or not.

Why would it choose to do it rather than choose to help a customer out and not do it?

Feels like they are trying to get one up on me for showing them up with the 3's. That's the only reason I can see.

You don't pay your debts when due.

They have a duty to report this - accurately.

jon142

opinions4u wrote: »

You don't pay your debts when due.

They have a duty to report this - accurately.

Lets hope I can twist them to not report it.

jalexa

jon142 wrote: »

Anyway after a long battle with the ombudsman and Santander the ombudsman has finally reached the decision and said Santander should take them late 3 markers off my file.

It has said however that IF the bank chooses to a " marker " may be added. To show I was on some sort of arrangement, but this marker is NOT allowed to show anything about arrears.!

Santander being them lovely selfs want to jump at that chance and add an arrangement marker which I think constitutes a arrears....

Anyone got any advise?

Yes. Accept the Ombudsman adjudication pronto (and make sure they have received your acceptance) and do not "muddy the waters" by further negotiation with Santander.

Then monitor your credit reports for 100% compliance with the adjudication. Bring any failure to comply 100% with the adjudication to the Ombudsman's attention. (I am thinking here the account is shown "settled" from the date of settlement).

jon142

jalexa wrote: »

Yes. Accept the Ombudsman adjudication pronto (and make sure they have received your acceptance) and do not "muddy the waters" by further negotiation with Santander.

Then monitor your credit reports for 100% compliance with the adjudicatuion. Bring any failure to comply 100% with the adjudication to the Ombudsman's attention. (I am thinking here the account is "settled" from the date of settlment).

Decision has already been accepted.

Quite annoy that Santander want to leave the AP markers on.

Does this constitute arrears to you?

jalexa

jon142 wrote: »

Decision has already been accepted.

Quite annoy that Santander want to leave the AP markers on.

Does this constitute arrears to you?

I thought you said they were going to add them (not "leave them on")?

What is important is *exactly* how the credit file reads for a fully settled account and that it fully complies with the adjudication. Whatever, the credit file cannot show arrears if there are no arrears and it appears to me from your post there never were any arrears.

What I don't know is whether the Ombudsman has fairly reflected the fact that you received an unsolicited arrangement offer. However it is academic as you have accepted the adjudication.

jon142

jalexa wrote: »

I thought you said they were going to add them (not "leave them on")?

What is important is *exactly* how the credit file reads for a fully settled account and that it fully complies with the adjudication. Whatever, the credit file cannot show arrears if there are no arrears and it appears to me from your post there never were any arrears.

What I don't know is whether the Ombudsman has fairly refelected the fact that you received an unsolicited arrangement offer. However it is academic as you have accepted the adjudication.

what do you mean by an unsolicited arrangement offer

Thanks for all your advise!

jalexa

jon142 wrote: »

what do you mean by an unsolicited arrangement offer

They phoned you first (rather than as a response to a "default"). If that is how it happened.

Rafter

Sounds like you have had your revenge against Santander and its shareholders. The cost of the FOS referal and time spent on your case is probably well over £1,000.

Personally I would give up on trying to get any further with this - as long as Santander comply with the ruling you have no avenues apart from a court case.

R