Santander have made me £6000 overdrawn

nikkiddavis

gb12345 wrote: »

The problem you have got then is that Santander gave you £6,000 that they shouldn't have as you weren't entitled to it. They have now corrected that mistake and clawed the money back from you.

They appear to have made an almighty !!!! up in the whole process.

First they have transferred the money from totally the wrong account.

Secondly, they appear the have transferred the money without any paperwork being completed, just on the provision of death certs etc and a phone call.

Thirdly, it should never have been given to you in the first place - it should have been paid to your mother as per the terms of your Nan's will. As your mother was deceased then it should have been paid to her Executors to distribute (were you an executor?) as per the terms of her will.

The problem is that whilst Santander may compensate you for the problems, it is unlikely that they are just going to hand over 6 grand just because you are now overdrawn.

I take it that you have spent the money that you received from them?

Yes.. Maybe it was nieve of me, but I had no reason to disbelieve them.

whitewing

Could your dad lend you the £6000 interest free (for example) and Santander refund all your bank charges.

Then could you arrange to pay your dad back regularly.

Does your dad actually know that the money had been transferred to you, or did he just query with the bank why an authorised deduction had taken place?

nikkiddavis

whitewing wrote: »

Could your dad lend you the £6000 interest free (for example) and Santander refund all your bank charges.

Then could you arrange to pay your dad back regularly.

Does your dad actually know that the money had been transferred to you, or did he just query with the bank why an authorised deduction had taken place?

Thanks Whitewing
The account they closed that was my Dad's had already assigned to paid for other charges in relation to my Mum's death.

We had no idea they've closed this account until 5 month after they'd done it.

matttye

gb12345 wrote: »

Nobody knows (unless the OP does) how much money the Nan actually had in her account. The £6,000 belonged to her dad and late mum and has nothing to do with her Nan.

What I'm saying is, if the £6k in the joint account belonging to her mum and dad came from her Nan's account (willed to her mother), then it would belong to her mother, and in turn would belong to her, by virtue of her mother's will. In theory.

Not sure if the joint account complicates things.

dzug1 wrote: »

No - in general the beneficiary of a will has no right to know where the money originated.

Fair enough, thanks!

gb12345

matttye wrote: »

What I'm saying is, if the £6k in the joint account belonging to her mum and dad came from her Nan's account (willed to her mother), then it would belong to her mother, and in turn would belong to her, by virtue of her mother's will. In theory.

The OP confirmed that the £6k in the joint account was nothing to do with the money from the Nan.

Any money the Nan had appears to still be in a dormant account with Santander.

meer53

gb12345 wrote: »

The OP confirmed that the £6k in the joint account was nothing to do with the money from the Nan.

Any money the Nan had appears to still be in a dormant account with Santander.

I read it different, but then i'm confused.

I read it as the £6k belonged to the OP's nan. When she died, the money in the dormant account went to the OP's Mum's joint account. When her Mum died, as the OP was the beneficiary of her Mum's money, this joint account was closed (in error) and the money transferred to the OP ! The OP said this :

"Santander told me it was Nan's money before the paid it into my account, I had not reason to disbelieve them."

Goldiegirl

To be quite honest, I'm just totally confused now.

In order to get my head round this I'd want to see the death certificates of the nan and the mother, the wills and probate documents for the mother and the nan, bank statements for all the accounts involved, and all correspondence between the bank and the family, plus transcripts of the phone calls

Only then could I see the dates of the deaths, the instructions that were left and a timeline of events.

I would suggest the OP makes a complaint, and then the matter would have to be fully investigated, and all the information that I listed would have to be gathered by the bank to get to the root of what happened.

gb12345

meer53 wrote: »

I read it different, but then i'm confused.

I read it as the £6k belonged to the OP's nan. When she died, the money in the dormant account went to the OP's Mum's joint account. When her Mum died, as the OP was the beneficiary of her Mum's money, this joint account was closed (in error) and the money transferred to the OP ! The OP said this :

"Santander told me it was Nan's money before the paid it into my account, I had not reason to disbelieve them."

That is why I asked the OP the following

gb12345 wrote: »

Can I just clarify a couple of things.

Did the £6,000 ever belong to your Nan?
Do you know if your Nan actually had an account and if so what was in it?

To which she replied

nikkiddavis wrote: »

Hi GB12345
No, it was my Mum & Dad's
Yes, there was a dormant account in my Nan's name.

meer53

gb12345 wrote: »

That is why I asked the OP the following



To which she replied

The OP seems to contradict themselves then. They should repost with the correct information or their post is a waste of time really. Only Santander can sort this out.

matttye

I would think you have a case to have any interest frozen at the very least.

Complain to Santander, tell them the mistake is theirs, not yours, and you spent the money in good faith based on what they told you. Ask them to freeze any interest/charges on your account while they investigate what happened. Tell them you will be taking the matter to the ombudsman if you're not satisfied with their final answer.

Keep everything in writing - the lack of documentation is one of the things complicating this situation in the first place; you don't want to repeat that mistake again!

Send all correspondence recorded delivery and keep any tracking receipts so you can check when/if letters are received.

I asked earlier but you didn't answer; do you still have the letter from Santander where they wrote to you confirming that they had found your nan's account? If so, does that letter confirm that there is £6k in that account? If you don't have it it might be prudent to send a subject access request to Santander with a £10 cheque.