Santander - Admin Error Admitted - House Very Nearly Lost due to the error

Michagi

Hi All bit of advise required on this one:

Long story short, fell behind with the mortgage with Covid slumps on sales bills going up and wife not working, became depressed but struggled through best we could defaulted on the mortgage, received a warrant of control come through the post so contacted Santander who the mortgage is with and agreed a repayment plan with them.  Paid first payment and settled back down best we could to normal life, then had a bailiff at the door saying no agreement plan had been put in place, once again contacted them ensured the agreement was in place yes it must have just crossed over don't worry.  Get a bill for the bailiff coming out and virtually coming through my door the way he battered it - wife at the time didn't answer due to the way the door was hit.  

Next letter comes through court repossession of house comes through no date phone them again still a cross over dont worry on the system i can see its all setup as payment plan.

You know whats coming next eviction notice from the court date time the whole lot - i then became best friends daily with them saying what s happening what are you doing etc, everything was recorded on the system etc, phoned there legal arm Equivo and said can you actually speak to Santander as the eviction should have never been processed, to my surprise they helped us considerably.

Complained to Santander via letter got a final response along with a cheque for £200 and there waiving the bailiff fee that should have never been applied in the first place.  On there letter they admit it was an admin error there side, to i take this to the ombudsman and what outcome should i go for?  Or do i go back to Santander as they have sent another letter charging me a load of fees for receding the evictions court fees etc.

A little help and support required on this one as i see the £200 as derisory i see the fees as taking the mick and not treating me fairly never mind the stress it put everyone under, put it this way if we got evicted i would be divorced - thanks in advance

user1977

I think this is more for the Mortgages board, it isn't a general consumer rights query.

Michagi

The complaint is not the mortgage itself its the rights around it - TCF - treating the customer fairly or not, mortgage is the product but rights are the same surely?

Aylesbury_Duck

Have you formally rejected Santander's final offer and returned the cheque?  If so, go to the ombudsman.  They will investigate and determine if you are entitled to anything else.

Probably a sensible time to consider your expectations.  Put simply, how much are you after?

user1977

Michagi said:

The complaint is not the mortgage itself its the rights around it - TCF - treating the customer fairly or not, mortgage is the product but rights are the same surely?

Yes, but the Mortgages board is where the brokers etc who are familiar with those sorts of complaints hang out.

Michagi

Aylesbury_Duck said:

Have you formally rejected Santander's final offer and returned the cheque?  If so, go to the ombudsman.  They will investigate and determine if you are entitled to anything else.

Probably a sensible time to consider your expectations.  Put simply, how much are you after?

That's what i was after advice on .......... take my rose tinted glasses off and see if its worth pursuing through the ombudsman, i have no objections with the post being moved at all just first time here so noobie mistake i guess

Michagi

Hi All bit of advise required on this one:

Long story short, fell behind with the mortgage with Covid slumps on sales bills going up and wife not working, became depressed but struggled through best we could defaulted on the mortgage, received a warrant of control come through the post so contacted Santander who the mortgage is with and agreed a repayment plan with them.  Paid first payment and settled back down best we could to normal life, then had a bailiff at the door saying no agreement plan had been put in place, once again contacted them ensured the agreement was in place yes it must have just crossed over don't worry.  Get a bill for the bailiff coming out and virtually coming through my door the way he battered it - wife at the time didn't answer due to the way the door was hit.  

Next letter comes through court repossession of house comes through no date phone them again still a cross over dont worry on the system i can see its all setup as payment plan.

You know whats coming next eviction notice from the court date time the whole lot - i then became best friends daily with them saying what s happening what are you doing etc, everything was recorded on the system etc, phoned there legal arm Equivo and said can you actually speak to Santander as the eviction should have never been processed, to my surprise they helped us considerably.

Complained to Santander via letter got a final response along with a cheque for £200 and there waiving the bailiff fee that should have never been applied in the first place.  On there letter they admit it was an admin error there side, to i take this to the ombudsman and what outcome should i go for?  Or do i go back to Santander as they have sent another letter charging me a load of fees for receding the evictions court fees etc.

A little help and support required on this one as i see the £200 as derisory i see the fees as taking the mick and not treating me fairly never mind the stress it put everyone under, put it this way if we got evicted i would be divorced - thanks in advance

Gavin83

You haven't suffered (from what I can tell) any financial loss and Santander have owned up to the mistake. I think £200 is more than a fair offer given the circumstances.

If you were to take the £200 and then took this further it's likely that whatever body you took it to would take you cashing the cheque as an acceptance of the offer. If you send the cheque back and take it further you're at risk of receiving less or potentially nothing at all.

silvercar

If you have gone through the Santander complaints procedure and have a final response, the next stage would be to go to the ombudsman. If you want to give Santander a final chance, or aren't sure the complaint was a proper complaint following their procedures, then write once more and ask for their final verdict and tell them you intend going to the ombudsman and the reasons why.

I would definitely go back to them if they have charged you more fees. Make sure they know this is an official complaint.

As to what outcome you want, the general view is that you want to be put back into the position you were in if the mistakes hadn't happened, plus a small amount for stress/ inconvenience/ time to sort etc. I wouldn't expect much in the way of money tbh.

pinkshoes

Michagi said:

Complained to Santander via letter got a final response along with a cheque for £200 and there waiving the bailiff fee that should have never been applied in the first place.  On there letter they admit it was an admin error there side, to i take this to the ombudsman and what outcome should i go for?  Or do i go back to Santander as they have sent another letter charging me a load of fees for receding the evictions court fees etc.

A little help and support required on this one as i see the £200 as derisory i see the fees as taking the mick and not treating me fairly never mind the stress it put everyone under, put it this way if we got evicted i would be divorced - thanks in advance

So are you saying that despite Santander sending £200 and admitting it was an admin mistake, they are STILL trying to charge you fees for things they shouldn't? Or is it all now resolved and you are wanting more than the £200 they are offering?

It was a mistake that they have now seemingly rectified, a mistake that was caused by you not paying your mortgage and them having to put a plan in place to get it paid. The £200 should cover the cost of any phone calls and letters you had to write surely?

Ultimately the mistake occurred due to you defaulting on your mortgage. Mistakes happen. 

dunstonh

Complained to Santander via letter got a final response along with a cheque for £200 and there waiving the bailiff fee that should have never been applied in the first place.  On there letter they admit it was an admin error there side, to i take this to the ombudsman and what outcome should i go for? 

FOS awards are typically £150-£250 for inconvenience plus out-of-pocket expenses.  They sometimes pay award more for extreme cases (£400-500).

A little help and support required on this one as i see the £200 as derisory i see the fees as taking the mick and not treating me fairly never mind the stress it put everyone under, put it this way if we got evicted i would be divorced - thanks in advance

It is always difficult to call a likely outcome without having full details but £200 is in the ballpark in respect of an inconvenience payment.