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  • letter before action to santander

    Hi

    First of great site been such a help reading over the posts.

    I have a number of complaints on going with santander one of which i have had a final response to they offer me a £100.

    I have written a letter before action that i want to send to them i do not want to use the onbusman as to prove my case i need them to provide documents which they refuse to send as part of my SAR request.

    I have used bits out of a few templates to put my letter together ( i have never written a letter shocking i know ) I am also dyslexic plus not that great at expressing my thoughts on paper and would love your opinions and suggestions on my letter i have added it below.

    I have never really complained before i tend to find it easier to moan and forget but santander make my blood boil



    As it has not been possible to resolve this matter amicably and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct contained within the courts Civil Procedure Rules.

    The summary of the claim is as follows:

    Santander failed to handle my visa debit card dispute in an efficient professional competent manner
    This has not only deprived me of the £1700 which Santander was asked to dispute but also has cost me 50 hours of my time and £350 in phone bills.

    I requested Santander to issue a visa debit card dispute on 01/02/2012.

    I completed the dispute form and returned it to Santander at which point Santander sent out a new form stating the first one was not completed properly. I called to ask what in particular was not completed incorrectly and was informed that no reason was given and only the fact it was not completed correctly. The adviser told me to take the new form in to a Santander branch and ask form a member of staff to help me complete the form which i did the form was completed by the branch manager and fax from the branch. Only to be returned again when I call to find out the reason i was informed again that no reason was listed in the notes.

    This cycle continued a future 7 times at which point i was asked to fax my completed form to the fraud team to review and pass on to the disputes team I did this and was informed by the fraud team that the form was correctly completed and they would pass it on and there should be no more problems sadly this did not happen.

    After 3 months of this i was asked to provide proof that the company i made the payment to had promised the refund i sent emails from the company which clearly state this fact the emails all so contained disputed allegations against myself which are just that unproven and untrue but what is clear is the offer of a full refund of monies paid.

    Santander rejected my claim on the grounds of the company’s unproven and totally untrue allegations without asking for any clarification from me or the company.

    I also have concerns that a member of your staff someone has acted dishonestly from the information i have available to me someone does not work in the disputes department yet over a month be for Santander rejected the claim she informed me that she had called the company and that the claim would be rejected. This concerned me greatly as someone shares the same surname as the company director involved in the dispute and as someone informed me handling card disputes was not part of her job or even the job of the department she worked in so i find it troubling she took it upon herself to contact the company and then informed me by phone that she will see to it that this dispute is rejected. (Her words) .

    You have also failed to respond in full to my subject access request failing to provide any information from both your fraud department and disputes department.




    I would like to request you make immediate payment in full of £3450.00.

    The breakdown of how I come to the above sum is:

    1) £1700 to cover the loss of the disputed transaction.
    2) £1250 to cover 50 hours of my time at £25 per hour.
    3) £250 to cover phone and fax costs.
    4) £250 to compensation.


    In accordance with Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:

    1) All correspondents between Santander and company name in regards to this dispute.
    2) All internal correspondents between staff and departments relating to this dispute
    3) All notes, printouts screen shots from both your fraud department and your visa disputes department.
    4) All call recordings between Santander and company name in particular between Clare Corrigan and company name on 17/04/2012.
    5) All call recording between me and Santander in particular between Clare Corrigan and me on 17/04/2012.


    I may request more documents if deemed necessary.
    I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution in order to avoid the need for this matter to be resolved by the courts and would invite you to put forward any proposals in this regard.

    In closing I would draw your attention to Rule 4 of the Practice Direction contained within Section II of the Pre- Action Protocol. Rule 4.4 gives the courts power to impose sanctions if you fail to comply with the Direction conduct, such as failing to respond to this letter before issuing a claim would merit such sanctions. Additionally should proceedings begin this may increase your liability for costs. I look forward to hearing from you within the next 14 days, should I not receive a response to my letter within this timeframe then I anticipate that court action will be commenced with no further reference to you.

    Yours sincerely



    Last edited by MrsD; 8 August 2012, 11:50.
    ---------------------------------

    I apologise for my spelling and grammar.

    I will not be offended by you pointing out my mistakes in fact i would welcome it.

    the written word is the most powerful tool we have for improving mankind. we never learn from mistakes unless they are pointed out

    Thanks for the great site

  • #2
    Re: letter before action to santander

    Hi

    Has any one got any comments suggestions ? itching to send it lol
    ---------------------------------

    I apologise for my spelling and grammar.

    I will not be offended by you pointing out my mistakes in fact i would welcome it.

    the written word is the most powerful tool we have for improving mankind. we never learn from mistakes unless they are pointed out

    Thanks for the great site

    Comment


    • #3
      Re: letter before action to santander

      Originally posted by ckplay View Post
      Hi

      Has any one got any comments suggestions ? itching to send it lol
      Hi,
      Why not pm Paul and ask him to take a peek.

      Comment


      • #4
        Re: letter before action to santander

        Who is Paul lol
        ---------------------------------

        I apologise for my spelling and grammar.

        I will not be offended by you pointing out my mistakes in fact i would welcome it.

        the written word is the most powerful tool we have for improving mankind. we never learn from mistakes unless they are pointed out

        Thanks for the great site

        Comment


        • #5
          Re: letter before action to santander

          CKplay

          am I right in thinking that you are saying that a santander member of staff tried to put you off your claim because she was related to the company concerned?

          That would be quite serious, could you just hold fire before you do anything else?

          Have you spoken to a solicitor about this whole carry on?

          What was the original problem?
          Last edited by MrsD; 8 August 2012, 12:05.

          Comment


          • #6
            Re: letter before action to santander

            Originally posted by helmsman View Post
            Hi,
            Why not pm Paul and ask him to take a peek.
            Members should only PM Paul if referred by Niddy...it helps him to keep track of what's happening
            Let your smile change the world but don't let the world change your smile


            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment


            • #7
              Re: letter before action to santander

              Hi MrsD

              Not exactly during one of the many many many phone calls to santander in regards to this card dispute Clare was one of the advices who i spoke to she put me on hold for about 10 mins and when she came back she was very rude and abrupt and stated she had just called the company and she now feels am a lier and my claim will be rejected.

              When I asked why she had contacted the company and what evidence she has to call me a lire she just repeated she had just called them and that she will see to it the claim is rejected.

              The interesting this about this is the main reason this entire problem has dragged on and turned in to such a mess is that the actual team that deal with disputes can not be contacted by phone by me or santander staff this is what created the problem them not placing notes on my account as to why they keep rejecting my forms and resending them managers emailed them staff emailed them never to get an answer.

              I have been informed to many times to remember that the only team how can do any thing is the disputes team.

              Which is why i find it so strange an adviser took it up on her self to contact the company knowing it was not her job and knowing she could not help me even if the company admitted every thing to her there would be nothing she can do in regards to the dispute so why call them.

              an example of how hard the disputes team are to deal with and contact I when a manager in the fraud department checked my form and emailed it them with notes telling them the form should be accepted as it meets al l the criteria was rejected with no reason why and new forms sent out for me to fill in again.

              but the disputes team do take negative information that they can use as a reason from any where such as false claims from the company in there email to me which offered the refund.

              they did not even check with the company if the claims where true so an email from Clare to this team i feel would properly be taken as fact.

              which is why i want the info more than i want the money

              as i said above i would normally let this go but they have got to me they a reaching out to kick me in the face at every chance they get and i feel at some point a line must be drawn

              sorry this was a bit of an essay lol
              ---------------------------------

              I apologise for my spelling and grammar.

              I will not be offended by you pointing out my mistakes in fact i would welcome it.

              the written word is the most powerful tool we have for improving mankind. we never learn from mistakes unless they are pointed out

              Thanks for the great site

              Comment


              • #8
                Re: letter before action to santander

                Originally posted by ckplay View Post
                Hi

                Has any one got any comments suggestions ? itching to send it lol
                My only comment is to ask whether saying " XXXX XXXXX has acted dishonestly" on an open Forum could be seen as libellous.
                Last edited by PlanB; 8 August 2012, 13:05. Reason: removed emloyee's title

                Comment


                • #9
                  Re: letter before action to santander

                  I too have concerns about naming people on an open forum. Perhaps you could edit your letter (and PlanB edit her post) to say "a Santander employee" or something similar.

                  A couple of other small points:
                  a) You say at the start of the letter that it's cost you £350 in phone bills yet you're only claiming £250 for phone and fax costs.
                  b) It's "correspondence" not "correspondents".
                  c) Use capital I when talking about yourself.

                  Sorry for being pedantic on grammar/spelling but it will give a better impression.
                  Let your smile change the world but don't let the world change your smile


                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment


                  • #10
                    Re: letter before action to santander

                    i have changed it to
                    my have acted dishonestly
                    thanks for the heads up
                    ---------------------------------

                    I apologise for my spelling and grammar.

                    I will not be offended by you pointing out my mistakes in fact i would welcome it.

                    the written word is the most powerful tool we have for improving mankind. we never learn from mistakes unless they are pointed out

                    Thanks for the great site

                    Comment


                    • #11
                      Re: letter before action to santander

                      just to be on the safe side, I've edited out until we have taken some more advice. Could you take it out of your post please PlanB?

                      thanks

                      Comment


                      • #12
                        Re: letter before action to santander

                        thanks pixie

                        Thansks for pointing out the phone bill issue i will correct that in my letter

                        as for spelling no I welcome it I am under no elushion that my written correspondents can work against me in the sense my grammar and spelling is shocking. So any thing you can point out is a great help not only for this letter but in general as it helps me not make the mistake again.
                        ---------------------------------

                        I apologise for my spelling and grammar.

                        I will not be offended by you pointing out my mistakes in fact i would welcome it.

                        the written word is the most powerful tool we have for improving mankind. we never learn from mistakes unless they are pointed out

                        Thanks for the great site

                        Comment


                        • #13
                          Re: letter before action to santander

                          Hi

                          You ought to reject their final offer and take this up with the FOS.

                          Regards the missing SAR info, the ico can stipulate that Santander must comply

                          If you want to issue proceedings you're mad. It'll cost you a shit load if they win. Utilise the FOS & ICO then if you're at stalemate consider your options.
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                          Comment


                          • #14
                            Re: letter before action to santander

                            Originally posted by MrsD View Post
                            just to be on the safe side, I've edited out until we have taken some more advice. Could you take it out of your post please PlanB?

                            thanks
                            Sorted

                            There's no love lost between me and Santander but perhaps post # 5 should not imply that the bank or any of its employees has committed fraud either. Large corporations like to sue if they think their image is being tarnished unless it's already been established in court

                            Comment


                            • #15
                              Re: letter before action to santander

                              this is not my area but I think a big problem here is that most of your contact has been by phone, you need to probably SAR santander to get those notes back. Unless you've recorded the calls?

                              Comment

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