Santander ignored/refused subject access request

mab3000

One question around this, and apologies if it has already been answered. When you replied No to the SMS Santander sent asking if the payment was genuine, did you receive a reply back from them by SMS? 

h00vertime

apologies I have kind of drip fed on to here, as I have found it, the most glaring stuff (too me)   ...instead of making one massive post, which in retrospect is maybe what I should have done.

who do you suggest i speak to that has direct access to Santander's system??

on the point about weather the text was genuine... they have never asked about its authenticity and as far as i recall didn't ask which number it came from

There is no mention of it from there end anywhere in the SAR. there are alerts on the account from all the way bk to 2017 being shown... but funnily enough the dates that I want a weird cut and paste has appeared

i just think its odd that this is after they have acknowledged having received and ignored 2 subject access requests which (they compensated me £30) 

 https://ibb.co/pZ2hgZb’


mab3000

after I replied 'N' to the txt I got a reply txt saying somone would contact me shortly. they didnt and let they payment through... 

the phone records (if they havnt been edited or even materialize) will show they said it had been flagged and held by security. then they tried to contact me, couldn't and then let it through.

I rang them 2 and a bit days later after i had finished traveling and calmed down. I was locked out of my online banking all this time. 

masonic

h00vertime said:

who do you suggest i speak to that has direct access to Santander's system??

That's a question for Santander. A complaint handler would normally have sufficient access to be able to go through the details with you.

h00vertime said:

on the point about weather the text was genuine... they have never asked about its authenticity and as far as i recall didn't ask which number it came from

There is no mention of it from there end anywhere in the SAR. there are alerts on the account from all the way bk to 2017 being shown... but funnily enough the dates that I want a weird cut and paste has appeared

This is a key piece of evidence for your case, so it's really important to establish its authenticity with Santander. If it turns out to be one of the many fake bank texts sprayed out by scammers, then I think that would completely change your chances of success. It's therefore of critical importance you get Santander to confirm that the initial text, and reply, were genuine. This would then prove they received your 'N' response. That is then a strong foundation to build a claim that on the basis of this SMS exchange the money should not have been released.

h00vertime said:

i just think its odd that this is after they have acknowledged having received and ignored 2 subject access requests which (they compensated me £30) 

 https://ibb.co/pZ2hgZb

That's fair enough that they should uphold your complaint about the SAR if they only successfully registered your request on the third attempt. It's probably not useful to speculate as to why certain information was included or absent. It doesn't seem to have turned up anything useful to your purpose, but that doesn't matter.

h00vertime

UPDATE : the ombudsman ruled in my favour and santander agreed to pay the money i lost in the scam plus 8 percent simple interest till settled.

still nothing from Santander though. once they agree that is legally binding right? I'm assuming I can take them to court if it isnt paid??  how long do they have to pay?

masonic

h00vertime said:

UPDATE : the ombudsman ruled in my favour and santander agreed to pay the money i lost in the scam plus 8 percent simple interest till settled.

still nothing from Santander though. once they agree that is legally binding right? I'm assuming I can take them to court if it isnt paid??  how long do they have to pay?

If it's a decision from an investigator or ajudicator, then Santander still has the right to appeal and have the final decision made by an ombudsman. If it is an ombudsman's final decision, then Santander are obliged to comply with it. Legal enforcement is possible, but it is a rather tricky area as the decision has to be converted to a court order under quite an obscure process. It happens so rarely that it is the subject of hypothetical discussions. There is no reason to think Santander will not comply. It's not unusual for the amount to be credited without warning or explanation within a few weeks of the decision.

h00vertime

ok so looking back through it was the investigators decision before it went to the ombudsman that they agreed to.

"Whilst your case was waiting for a final decision. I chased Santander again to see if they finally were in a position to reply to my latest email and I’m pleased to confirm that they’ve accepted to agree to my recommendations."

but that was over a month ago

masonic

Time to get back in touch with your investigator. They should be able to chase Santander to do what was agreed.

h00vertime

cool thanks, have done. is their agreement legaly binding?

masonic

h00vertime said:

cool thanks, have done. is their agreement legaly binding?

No, they can rescind their agreement, in which case it would need to go to an Ombudsaman. This is very unlikely though.