Reclaiming from Santander - second letter help please

OfficeFairy

Hi Guys,

So, I wrote the standard letter (from the template) to try and reclaim charges from a now closed account with Santander. The charges date from 2009 - 2012. In total they came to £390.00. I used the hardship arguments and explained how the charges had effected me (the cycle of charges etc).

I have received a response which states the following reasons not to refund me:

1. The account is now closed - I am not currently in a cycle of charges

2. The issue is not present, again, that I am not currently in a cycle of charges.

3. Information about dealing with debt - I never said in my original letter that I am currently in debt, a bit insulting! I stated that I was having some difficulties at the time of the charges.

4. The letter then goes on to quote and state the facts of the Supreme Court decision of 2009 (I wondered when it might rear its ugly head!). They cover Unfair Contract Terms and Consumer Credit Act.

5. They then reiterate that they feel the charges were properly charged and that the above case law supports this.

Can anyone help me in some sort of response, if any. Are there any arguments I can use in relation to the case law?

Am i right in stating that the account being closed and the charges not being current is irrelevant? I am entitled to claim for the past 6 years. can anyone point me in the direction of something which says that?

I'd be grateful of any help!

It might be worth noting that the reason I closed my account was that I lost my bank card and it took them over 3 months to send me a new card (after 4 attempts to have it delivered to my home address it arrived at my local branch). I never received a PIN number. During the wait I transferred banks and cancelled all my direct debits. When the card arrived I requested the account be closed. I did not hear from Santander for over 6 months until I received a letter from their collections dept. Long story short they did not cancel one of my direct debits (ebay) and the charges mounted. They eventually admitted their fault (after refunding the charges and then charging me again!) and closed my account offering me £30,00 in compensation which I accepted in order to end the matter. It was then that I decided to try and reclaim other charges on my account from previous times.

Sorry for the long winded post!

Thanks in advance!

Lauren

safestored4

You are not entitled to a refund of anything. The banks won the court case and are only obliged to consider a refund in the case of current hardship. Current being the operative word, not the position in the past. I am sorry but you are not going to get anywhere with this, get over it and move on wth your life.

OfficeFairy

Thanks for clarification. Most of the sites I have read state that you are entitled to claim for the last 6 years - that's why I was confused.

I like to give things like this a go. I realise that I'm not entitled - I presume most people on the board are in a similar position.

I have read on the boards that the banks have refunded some people regardless of the case law.

Little_Mo_70

OfficeFairy wrote: »

Thanks for clarification. Most of the sites I have read state that you are entitled to claim for the last 6 years - that's why I was confused.

I like to give things like this a go. I realise that I'm not entitled - I presume most people on the board are in a similar position.

I have read on the boards that the banks have refunded some people regardless of the case law.

You've had the standard letter. Perhaps the bank sent you the debt info. lit because you had claimed hardship.

On a positive note, it is good you are no longer in financial hardship.
http://www.moneysavingexpert.com/reclaim/bank-charges#step1
This explains the types of hardship on which to base a claim.

Many people have received refunds as a gesture of goodwill because they fit the criteria of severe hardship outlined in the above, not because of any entitlement.

dunstonh

Thanks for clarification. Most of the sites I have read state that you are entitled to claim for the last 6 years - that's why I was confused.

Perhaps those sites have not updated since the banks won the court case. As it stands today, you are not entitled to claim anything over any period. You are entitled to ask the bank for a goodwill gesture but that is as far as it goes.

I have read on the boards that the banks have refunded some people regardless of the case law.

Yes, the banks do refund quite large volumes still. However, they do it as a goodwill gesture and typically to people that are in current financial hardship and to those first time mistakes where accounts have been previously run well.

The response from the bank matches expectation as you are not in current financial hardship.