letter before action to santander

[PlanB]

Re: letter before action to santander

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.

[ckplay]

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

[Pixie]

Re: letter before action to santander

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

[MrsD]

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?

[ckplay]

Re: letter before action to santander

Who is Paul lol

[helmsman]

Re: letter before action to santander

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.

[ckplay]

Re: letter before action to santander

Hi

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

[ckplay]

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