Santander ignoring me

[Never-In-Doubt]

Re: Santander ignoring me

why did you go to the ICO?

Who suggested that......?

[Miss Molly]

Re: Santander ignoring me

Pooky2483 - post #76 advises if they dont hand over the data, he/she will inform the ICO !

Having experience of advising ICO that data going back past 6 years was not forthcoming.. they have always advised they wont take any action and the Bank has not breached any DPA principles !

[Never-In-Doubt]

Re: Santander ignoring me

Pooky2483 - post #76 advises if they dont hand over the data, he/she will inform the ICO !

Having experience of advising ICO that data going back past 6 years was not forthcoming.. they have always advised they wont take any action and the Bank has not breached any DPA principles !

Thanks

Exactly why I was asking who suggested this wasted resource....

We have templates to get them to comply, if they do not then you go to FOS not ICO

[pooky2483]

Re: Santander ignoring me

why did you go to the ICO?

Who suggested that......?

No, not approached them, never have in relation to this.

[pooky2483]

Re: Santander ignoring me

why did you go to the ICO?

Who suggested that......?

Pooky2483 - post #76 advises if they dont hand over the data, he/she will inform the ICO !

Having experience of advising ICO that data going back past 6 years was not forthcoming.. they have always advised they wont take any action and the Bank has not breached any DPA principles !

I just read back and I see I said it, in a threat to see what I got back

[Never-In-Doubt]

Re: Santander ignoring me



Sorry totally confused.

Can you clarify in layman for me what the state of play is, is it all in control or are you struggling to obtain data? Have you gone to the ICO or not?

Thanks

[pooky2483]

Re: Santander ignoring me

Thanks

Exactly why I was asking who suggested this wasted resource....

We have templates to get them to comply, if they do not then you go to FOS not ICO

What would you suggest then?

I am also attacking Satan for taking Bank Charges out of our account, which has only our Benefits going in, DLA, Incapacity Benefit, Income Support and Housing Benefit.

I am writing to you to inform you that you are acting unlawful in as such;
You are breaching The Social Security Act 1992, namely c5:Part XV:Miscellaneous:Section 187;

187.—(1) Subject to the provision of this Act, every assignment of or charge on–
(a) benefit as defined in section 122 of the Contributions and Benefits Act;
[3(aa) a jobseeker’s allowance;]
(b) any income-related benefit; or
(c) child benefit,
and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy
of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of
his creditors.

The reason being, your latest statement we have received is also informing us that we are to incur Bank charges of £25.00 for an unpaid S/O to IMS on 28th June 2012.
I request that you either DO NOT take this charge out of the account or if you already have, you immediately REFUND the charge. You can clearly see that the monies being paid into the account are from Social Security; Income Support and Incapacity Benefit, Housing Benefit and DWP; Disability Living Allowance.


I will, at a later date, be sending you another letter with a further list of charges that I require paying back into our account, of which I have sent a SAR and I am still waiting for the FULL statement of account, I must inform you that failure to comply fully with this request is also another breach I will be taking action against you on.


Also, I would like to bring to your attention that I posted to my local branch a letter of appropriation on 27th February 2012. and I did not receive a reply, not a reply to a further letter on 12th March 2012. If my request are not fulfilled, I will be taking further action to have you comply with my request and your breach of the above SSA 1992. and I will also be taking action against you for ignoring the Letter of Appropriation I sent.

I am willing to allow you up to six weeks to comply with my request before I commence action against you.

[Never-In-Doubt]

Re: Santander ignoring me

Right so you're saying that your bank are charging you when you're in receipt of benefits, something they cannot do in line with SSA1992 ch5 (s.187)?

You have also checked s.122 of the Social Security Contributions and Benefits Act 1992 (linky ---> Social Security Contributions and Benefits Act 1992 ) to ensure your benefit is included within the inalienable benefits as defined in s.187?

Right, so that should be straight forward, you usually send off a letter of appropriation and quote the following case law:

Woods v. The Royal Bank of Scotland 1913

A weekly payment, or a sum paid by way of redemption thereof, shall not be capable of being assigned, charged, or attached, and shall not pass to any other person by operation of law, nor shall any claim be set-off against the same.

The letter of appropriation should be like this (sent to main complaints dept):

Dear Santander,

Re: Right of Appropriation
Account Number: xxxxxxxx

I am writing to inform you that I am to continue to have Benefit payments of £x.xx paid into my account, each week and wish to use my first right of appropriation for this money, for the actual living costs necessary to survive. I draw your attention to the Social Security Contributions and Benefits Act 1992 (ch4 pt VI s.122) and the Social Security Administration Act 1992 (ch5 s.187) which clearly stipulates that you cannot use benefit monies toward charges like this. I therefore demand full a refund prior to consideration of action against you, notwithstanding a formal complaint to the FOS regards your behaviour here.

I would be grateful if you would ensure that any other payments out of my account do not interfere with this right of appropriation and that you will indeed refund all illegal charges to date.

I will, if necessary, seek enforcement against the bank citing Woods v. The Royal Bank of Scotland 1913 1 S.L.T. 499 which confirmed "A weekly payment, or a sum paid by way of redemption thereof, shall not be capable of being assigned, charged, or attached, and shall not pass to any other person by operation of law, nor shall any claim be set-off against the same."

I look forward to your reply with confirmation all illegal charges have been refunded and that you'll not interfere with future benefit payments, prior to my formalising things with your regulatory bodies.

Yours faithfully


Sign Digitally

Hope the above helps.... if not come back to me, we can help you sort this!

[Never-In-Doubt]

Re: Santander ignoring me

What would you suggest then?

See above -

[pooky2483]

Re: Santander ignoring me

Sorry totally confused.

Can you clarify in layman for me what the state of play is, is it all in control or are you struggling to obtain data? Have you gone to the ICO or not?

Thanks

Sorry, Just saw this reply.
I have got info back but the statements don’t go back to the opening of the accounts, yes, statement(S), both Santander and B&B.
I have asked for the missing info but they said they don't have it so I am going to send a letter in relation to LOA and state that they are also failing in the SAR and if they don’t give me the missing info and refund my Bank Charges, I will be taking further action.

[Never-In-Doubt]

Re: Santander ignoring me

Sorry, Just saw this reply.
I have got info back but the statements don’t go back to the opening of the accounts, yes, statement(S), both Santander and B&B.
I have asked for the missing info but they said they don't have it so I am going to send a letter in relation to LOA and state that they are also failing in the SAR and if they don’t give me the missing info and refund my Bank Charges, I will be taking further action.

why do you need them for that long? If you need something specific, can you clarify what?

As I say, I'm lost as to what you want the info for, if for a reclaim you don't necessarily need everything, you can just ask them "how much has been applied to my account from X date to Y date by way of late payment charges" - or whatever the exact thing is you need the SAR for.....

[pooky2483]

Re: Santander ignoring me

if for a reclaim you don't necessarily need everything, you can just ask them "how much has been applied to my account from X date to Y date by way of late payment charges" - or whatever the exact thing is you need the SAR for.....

I thought it would be better if I sent a list of the charges I wanted to reclaim so that they couldn’t fob me off with a load of rubbish.

[Never-In-Doubt]

Re: Santander ignoring me

I thought it would be better if I sent a list of the charges I wanted to reclaim so that they couldn’t fob me off with a load of rubbish.

But you can guestimate and if they refute the guestimate then you simply go to FOS and that way the whole event will be realised.....

Its up to you but pointless going round in circles if it's clear they won't back down. Proceed as you were going to without the SAR and use guestimates with an inclusion for them to rectify the amount and prove it....

[pooky2483]

Re: Santander ignoring me

They also included statement of account for B&B so I'll try and claim those charges back, it goes back to 1995

[pooky2483]

Re: Santander ignoring me

p.s. I've already sent a LOA to my branch but got nothing, muppets, so I'll sent the above version to the correct dept.