Overcharge on credit card

dmbaker

I started having problems with my santander credit card in november/december time due to a mixup between mine and someone elses account which santander have led me to believe as fraud and are treating it as fraud too. The other person wanted to change thier address on their credit card account but it was changed on mine instead.

They recieved a new card that was mine at their address and made a number of purchases and 2 payments (£3900.00 and £3887.01) to my account genuinly thinking it was their card.
As soon as santander realised the mistake my card was cancelled and my address was changed back. All purchases were refunded and the 2 payments (£3900.00 and (£3887.01) were charged back to my card and refunded back to the person whe originally made the payments so all was correct with my account.
A month later and I have been charged again for one of the payments (£3887.01) made by the other person.
I phoned santander on 28th may and I was put through to the fraud deptment.
They explained to me that this happened as the person who made the payments also went back to the bank they made the payment with and the bank recalled it.
They explained to me that they had to email the payment proccessing team in order to get this refunded and reasured me that it would be sorted out and I would recieve a phone call when it was refunded.

I have not been paying santander during this time as they are charging me more than I owe them and i am not really willing to pay them until its sorted.

I got a bit fed up with being harrased for payment so I phoned them again on monday (2nd july) and they explained exactly the same as before.

I am a bit annoyed that nothing has been sorted since the last time I phoned them back in may.

This has affected my credit score which I accept some responcibillity for as its my decision not to pay them back money that i don't owe them.

Santander are aware of the overcharge on my account and know that I don't owe them this so shouldn't the have given a refund straight away?

Also could I possibly claim for compensation or even sue santander as the address change to my account was a major mistake.

Im not really sure what my rights are and how I can take this matter further if they fail to refund it so any help and advice would be very very much appreciated.

Wywth

I would suggest that you follow the credit card company's complaint procedure.
This will culminate with you having an opportunity with escalating the complaint to the FOS if you are not happy with the resolution ultimately provided by the credit card company

The FOS will also accept complaints if the credit card company don't act within agreed time limits.

CAB_Swansea_Bay_representative

Hi dmbaker, thank you for your query regarding overcharge on credit card.

Firstly I would suggest you get a copy of your credit reference to see if there are any other suspicious entries in case you have been a victim of indentity fraud.
Regarding Santander and any charges they have added to your account as a result of these mistaken transactions, you should not be liable for any of these charges or for the resulting effect on your credit reference but as they are taking so long to remedy this I would suggest you put a complaint in writing to Santander, keep a copy and send recorded delivery or keep proof of postage. If Santander do not respond within 8 weeks or you are unhappy with the response you can make a complaint to the Financial Ombudsman Service and you can find information on how to complaint at http://financial-ombudsmand.org.uk. Regarding compensation, you can ask the ombudsman to award compensation for financial losses you have suffered as a result such as cost of phone calls or charges on your account.
Hope this is of assistance.