Santander free forever bank account changes

eskbanker

amyfairweather said:

Now that we've seen that, what difference if any do others think sending it up the food chain to an actual ombudsman would make?  I'd be inclined to have a second opinion just to see what, if anything, they would say different, but that looks fairly cut and dried.

Other than time, there's nothing to lose by referring to an actual ombudsman, although the suspicion would be that FOS will already have consulted internally before issuing the above response, and will have reached a consensus position that'll be deployed to all complainants.

Despite reservations about relying on AI, I agree with the above that the argument that the promise was only made in marketing collateral and not in the Ts & Cs is a weak one and open to challenge, either under FCA provisions or wider consumer protection legislation.

FOS does seem unduly willing to side with Santander on its view that charges are justifiable simply because the landscape has changed and that it's now asserted to be more expensive to provide services than when the promise was made, but, as posted further up this page, it does seem lame to rely on unspecified legal or regulatory changes as being a direct cause of introducing charging.  I don't suppose anyone would deny that costs would have increased over time but in itself that doesn't warrant reneging on a promise.

Likewise, it's concerning how the FOS feels that it's appropriate to parrot Santander's like-it-or-lump-it attitude:

It’s worth reiterating the entitlement Santander has to close the account and cease providing services. I’m not saying I think the bank should’ve done that, but I think it is illustrative of the discretion Santander has in deciding what services it offers (as well as to who and at what cost).

It is difficult to discern any genuine FOS assessment of fairness as opposed to entitlement, as this is where FOS should have been expected to have given a more sympathetic hearing than the courts would/will, so that in itself is perhaps worthy of further challenge at this stage, especially in the light of FCA requirements for institutions to act fairly, etc.

Lightning360

You all agreed to the T&C's. Maybe you should have paid more attention to them.

clairec666

Lightning360 said:

You all agreed to the T&C's. Maybe you should have paid more attention to them.

The issue is with the change to the T&Cs in 2015. If anyone agreed to these T&Cs without reading them properly, then they can hardly complain that charges have been added. It is explained that charges may be added in future (can't recall the exact wording).

However, I recall someone saying further back in this thread that complaints to the FOS in 2015 had got nowhere - as Santander had not added yet charges, they were not breaking their promise of free banking forever.

In which case, Santander have played a blinder legally, which is what I have suspected for a while.

Smurrfmo

It would be hard to find a more lamentable decision by the FOS than that one, absolutely pathetic.   Almost everything they say is wrong, both legally and from a fairness point of view.  They even say that customers should be thankful they had their promised free banking for so long.  It's as if that FOS decision maker was a Santander representative.

This matter will be decided in court in any event.  Now courts can get it wrong as well but I'd be surprised if this dire level of decision making was to prevail.

Lightning360

Smurrfmo said:

It would be hard to find a more lamentable decision by the FOS than that one, absolutely pathetic.   Almost everything they say is wrong, both legally and from a fairness point of view.  They even say that customers should be thankful they had their promised free banking for so long.  It's as if that FOS decision maker was a Santander representative.

This matter will be decided in court in any event.  Now courts can get it wrong as well but I'd be surprised if this dire level of decision making was to prevail.

So people, legal experts, and the courts are wrong because they disagree with you? Maybe all these official people are correct and the people trying to go after Santander are wrong?

Smurrfmo

Lightning360 said:

Smurrfmo said:

It would be hard to find a more lamentable decision by the FOS than that one, absolutely pathetic.   Almost everything they say is wrong, both legally and from a fairness point of view.  They even say that customers should be thankful they had their promised free banking for so long.  It's as if that FOS decision maker was a Santander representative.

This matter will be decided in court in any event.  Now courts can get it wrong as well but I'd be surprised if this dire level of decision making was to prevail.

So people, legal experts, and the courts are wrong because they disagree with you? Maybe all these official people are correct and the people trying to go after Santander are wrong?

What courts have ruled on this matter and been wrong?  Your bias gives you away a tad.

Smurrfmo

Major objective of litigation: right a wrong and force Santander to honour its promise.  Minor objective: watch the Santander fanboys squirm.  

Futuristic

big_ste said:

lifes to short, i can switch banks, including personal account from santander it wont hurt them, it wont hurt me, might make a few quid on sign in bonuses. Seriously though i think its better to focus on your company/ business then let this distract

Well said.

amyfairweather said:

I've just copied and pasted the above FOS text to @big_ste into ChatGPT and asked:

This could be a misrepresentation under the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) (or similar principles in business banking), even if the words “free for life” were not embedded in the fine print. 

CPR as in the name only applies to consumers, not B2B. 

Smurrfmo said:

Major objective of litigation: right a wrong and force Santander to honour its promise.  Minor objective: watch the Santander fanboys squirm.  

Let us know once you've received your response from the FOS and start proceedings, until then it's hard to take anything you say seriously.

Smurrfmo

Have just received an email from Santander declaring that "We're here for you".  You couldn't make it up.  Apparently "looking after your money shouldn’t be something you lose sleep over. If you or someone you care for needs help with their banking, there are ways we can support you". Well, not trying to renege on a 20-year old promise of free business banking forever might be a start!

Futuristic

Smurrfmo said:

Have just received an email from Santander declaring that "We're here for you".  You couldn't make it up.  Apparently "looking after your money shouldn’t be something you lose sleep over. If you or someone you care for needs help with their banking, there are ways we can support you". Well, not trying to renege on a 20-year old promise of free business banking forever might be a start!

You should perhaps provide context this is in relation to your personal account and not business? (As my parents received this email). It's automated and likely targeted at the older audience who may need assistance and/or prone to scams. Link email takes you to: https://www.santander.co.uk/personal/support/customer-support/tell-us-once