Am I likely to win if I sue my bank for neglience
Discussion
Hi,
Really need some advice! Applied for a remortgage with Santander for an additional £100K borrowing. Santander said no, so we assumed we didn't meet their criteria so went to a further 3 lenders who also said no.
After many months of calls, letters and lots of stress we find out that Santander had reported me for fraud to the national fraud database called CIFAS. It turns out they read my P60 incorrectly. I had 2 jobs in the financial year and they only took into consideration about 20% of my yearly earnings because they read it wrong, then reported I was fraudulent for claiming I earnt more than I did.
Took months to get them to admit it, but finally using the Ombudsman they have admitted fault.
BUT - and this is where it gets very frustrating. The Ombudsman can't punish or fine Santander for their negligent behaviour. They are talking of giving us a few hundred pounds in compensation.
Personally I think we have a case for negligence or maybe even defamation, because due to this incorrect fraud statement we have been unable to get the remortgage elsewhere, my wife has had to return to work, she is under the doctor for stress, we had to borrow money from a friend (if we hadn't been able to, we would've had to sell our house) and our credit ratings have been massively affected.
And all because they made a huge mistake. But the ombudsman cant make them lend us the money but a year down the line our credit scores are worse and chances are we won't get the remortgage now. So we feel completely at a loss and want to sue our bank. Are we likely to win?? Is it worth the stress. We think they have been negligent and defamed my name, but are we likely to get a court to demand Santander give us the mortgage or indeed £100K for compensation?
Any advice please, I have been living with this for a year and now with the latest from the ombudsman I feel completely let down and felt I have wasted a year to resolve this :-(
Really need some advice! Applied for a remortgage with Santander for an additional £100K borrowing. Santander said no, so we assumed we didn't meet their criteria so went to a further 3 lenders who also said no.
After many months of calls, letters and lots of stress we find out that Santander had reported me for fraud to the national fraud database called CIFAS. It turns out they read my P60 incorrectly. I had 2 jobs in the financial year and they only took into consideration about 20% of my yearly earnings because they read it wrong, then reported I was fraudulent for claiming I earnt more than I did.
Took months to get them to admit it, but finally using the Ombudsman they have admitted fault.
BUT - and this is where it gets very frustrating. The Ombudsman can't punish or fine Santander for their negligent behaviour. They are talking of giving us a few hundred pounds in compensation.
Personally I think we have a case for negligence or maybe even defamation, because due to this incorrect fraud statement we have been unable to get the remortgage elsewhere, my wife has had to return to work, she is under the doctor for stress, we had to borrow money from a friend (if we hadn't been able to, we would've had to sell our house) and our credit ratings have been massively affected.
And all because they made a huge mistake. But the ombudsman cant make them lend us the money but a year down the line our credit scores are worse and chances are we won't get the remortgage now. So we feel completely at a loss and want to sue our bank. Are we likely to win?? Is it worth the stress. We think they have been negligent and defamed my name, but are we likely to get a court to demand Santander give us the mortgage or indeed £100K for compensation?
Any advice please, I have been living with this for a year and now with the latest from the ombudsman I feel completely let down and felt I have wasted a year to resolve this :-(
kktronic said:
Hi,
Really need some advice! Applied for a remortgage with Santander for an additional £100K borrowing. Santander said no, so we assumed we didn't meet their criteria so went to a further 3 lenders who also said no.
After many months of calls, letters and lots of stress we find out that Santander had reported me for fraud to the national fraud database called CIFAS. It turns out they read my P60 incorrectly. I had 2 jobs in the financial year and they only took into consideration about 20% of my yearly earnings because they read it wrong, then reported I was fraudulent for claiming I earnt more than I did.
Took months to get them to admit it, but finally using the Ombudsman they have admitted fault.
BUT - and this is where it gets very frustrating. The Ombudsman can't punish or fine Santander for their negligent behaviour. They are talking of giving us a few hundred pounds in compensation.
Personally I think we have a case for negligence or maybe even defamation, because due to this incorrect fraud statement we have been unable to get the remortgage elsewhere, my wife has had to return to work, she is under the doctor for stress, we had to borrow money from a friend (if we hadn't been able to, we would've had to sell our house) and our credit ratings have been massively affected.
And all because they made a huge mistake. But the ombudsman cant make them lend us the money but a year down the line our credit scores are worse and chances are we won't get the remortgage now. So we feel completely at a loss and want to sue our bank. Are we likely to win?? Is it worth the stress. We think they have been negligent and defamed my name, but are we likely to get a court to demand Santander give us the mortgage or indeed £100K for compensation?
Any advice please, I have been living with this for a year and now with the latest from the ombudsman I feel completely let down and felt I have wasted a year to resolve this :-(
If they have done something wrong and it's been proved as such then they should work with all three credit agencies and national hunter (run by experian) and CIFAS to remove any data that is incorrect. They should be doing that, not you.Really need some advice! Applied for a remortgage with Santander for an additional £100K borrowing. Santander said no, so we assumed we didn't meet their criteria so went to a further 3 lenders who also said no.
After many months of calls, letters and lots of stress we find out that Santander had reported me for fraud to the national fraud database called CIFAS. It turns out they read my P60 incorrectly. I had 2 jobs in the financial year and they only took into consideration about 20% of my yearly earnings because they read it wrong, then reported I was fraudulent for claiming I earnt more than I did.
Took months to get them to admit it, but finally using the Ombudsman they have admitted fault.
BUT - and this is where it gets very frustrating. The Ombudsman can't punish or fine Santander for their negligent behaviour. They are talking of giving us a few hundred pounds in compensation.
Personally I think we have a case for negligence or maybe even defamation, because due to this incorrect fraud statement we have been unable to get the remortgage elsewhere, my wife has had to return to work, she is under the doctor for stress, we had to borrow money from a friend (if we hadn't been able to, we would've had to sell our house) and our credit ratings have been massively affected.
And all because they made a huge mistake. But the ombudsman cant make them lend us the money but a year down the line our credit scores are worse and chances are we won't get the remortgage now. So we feel completely at a loss and want to sue our bank. Are we likely to win?? Is it worth the stress. We think they have been negligent and defamed my name, but are we likely to get a court to demand Santander give us the mortgage or indeed £100K for compensation?
Any advice please, I have been living with this for a year and now with the latest from the ombudsman I feel completely let down and felt I have wasted a year to resolve this :-(
As to suing them, exactly what have you lost in monetary terms ?
And finally and it's not any of my business but if you are having to borrow more and your wife is forced back to work might it be time to re-evaluate your life and decide if a mortgage is really what you need.
Er the fact that I now can't get credit and may have to lose my house - is that not enough?
I didn't earn well for a year and built up a bit of debt. But I have a 40% mortgage on my house and thought the bast way would be to add to the mortgage because I have a load of equity. But now I can't make use of it because of Santander.
And I agree, I wouldn't take take the decision lightly to borrow more money - but now I am screwed because Santander have stopped my borrowing from anyone even if I choose to.
I didn't earn well for a year and built up a bit of debt. But I have a 40% mortgage on my house and thought the bast way would be to add to the mortgage because I have a load of equity. But now I can't make use of it because of Santander.
And I agree, I wouldn't take take the decision lightly to borrow more money - but now I am screwed because Santander have stopped my borrowing from anyone even if I choose to.
marshalla said:
I read that but it doesn't mention anything about Santander wrongly issuing the CIFAS warning etc which is what I remember from a previous thread alost identical to this..............Sarnie said:
marshalla said:
I read that but it doesn't mention anything about Santander wrongly issuing the CIFAS warning etc which is what I remember from a previous thread alost identical to this..............kktronic said:
Er the fact that I now can't get credit and may have to lose my house - is that not enough?
I didn't earn well for a year and built up a bit of debt. But I have a 40% mortgage on my house and thought the bast way would be to add to the mortgage because I have a load of equity. But now I can't make use of it because of Santander.
And I agree, I wouldn't take take the decision lightly to borrow more money - but now I am screwed because Santander have stopped my borrowing from anyone even if I choose to.
How are you going to lose your house?I didn't earn well for a year and built up a bit of debt. But I have a 40% mortgage on my house and thought the bast way would be to add to the mortgage because I have a load of equity. But now I can't make use of it because of Santander.
And I agree, I wouldn't take take the decision lightly to borrow more money - but now I am screwed because Santander have stopped my borrowing from anyone even if I choose to.
mrmr96 said:
It's the same guy. Presumably this is his post from when one of the other lenders refused him - and he's only subsequently found out that it was due to the incorrect fraud flag. It backs his story up.
I'm pretty sure your wrong.I've read on here previously about a guy who was taking Santander to the Ombudsman due to wrongly reporting him to CIFAS based on figures from his P60, and I'm 99.9% sure it's this guy.
Maybe that thread was deleted?
I believe you would have to sue for defamation, which in itself could be a long and costly affair with no guarantees.
If you have evidence from the ombudsman then you could try sending an invoice to the bank explaining your position. They don't have to lend you money, they do have to sort their cock up out.
If they refuse to do anything take them to the small claims court (actually county court), at this point they will probably try and settle.
I had a dispute with a bank in NZ, who flatly refused to refund about 2000 pounds when they cashed a cheque that was 8 months old (with an invalid signature). Two days after I filed court papers they rang me and refunded the money.
If you have evidence from the ombudsman then you could try sending an invoice to the bank explaining your position. They don't have to lend you money, they do have to sort their cock up out.
If they refuse to do anything take them to the small claims court (actually county court), at this point they will probably try and settle.
I had a dispute with a bank in NZ, who flatly refused to refund about 2000 pounds when they cashed a cheque that was 8 months old (with an invalid signature). Two days after I filed court papers they rang me and refunded the money.
Yes, that was my post - sorry for the confusion, I am using my wifes login.
So when I posted before I didn't know that Santander had made the mistake - we thought they had but had no proof.
Now we have the proof, they have written it in a letter.
I hear what everyone is saying about monetary loss - but the fact remains we have suffered!! Surely Santander have to answer for their mistake?
So when I posted before I didn't know that Santander had made the mistake - we thought they had but had no proof.
Now we have the proof, they have written it in a letter.
I hear what everyone is saying about monetary loss - but the fact remains we have suffered!! Surely Santander have to answer for their mistake?
marshalla said:
So this is the original thread ? http://www.pistonheads.com/gassing/topic.asp?t=118...
Thats the one, I thought I was going mad!Surely if the bank has admitted that it made the mistake, it can now assess you for a remortgage using the correct info from the P60.
With correct info, either your application meets their lending criteria or it doesn't. If it does, take the loan, if it doesn't, then you wouldn't have got the loan from the bank anyway.
As mentioned above, the bank should be removing its flags from your credit report to repair your credit rating but you would be wise to monitor their progress.
As to suing them, carry on - as long as your legal budget is bigger than theirs!
With correct info, either your application meets their lending criteria or it doesn't. If it does, take the loan, if it doesn't, then you wouldn't have got the loan from the bank anyway.
As mentioned above, the bank should be removing its flags from your credit report to repair your credit rating but you would be wise to monitor their progress.
As to suing them, carry on - as long as your legal budget is bigger than theirs!
Do you often wander into a casino and take part in a no-limits poker game?
Your pockets aren't nearly deep enough to sue them.
A solicitor consultation and a few letters to Santander will cost at least £500. The next stage is to issue a writ - another couple of hundred at least. Santander will defend it. You'll have done £1,000 before you even get to the stage where the solicitor asks for £10,000 on account so he can instruct Counsel. No-one can tell you with certainty if you will win or lose. By the time you have racked up a £20,000 bill the stress will overpower you and you'll want to back out. But if you do you'll be liable for Santander's costs as well. Far better to take the £100,000 you have just lost and put it on red at the Bellagio.
Your pockets aren't nearly deep enough to sue them.
A solicitor consultation and a few letters to Santander will cost at least £500. The next stage is to issue a writ - another couple of hundred at least. Santander will defend it. You'll have done £1,000 before you even get to the stage where the solicitor asks for £10,000 on account so he can instruct Counsel. No-one can tell you with certainty if you will win or lose. By the time you have racked up a £20,000 bill the stress will overpower you and you'll want to back out. But if you do you'll be liable for Santander's costs as well. Far better to take the £100,000 you have just lost and put it on red at the Bellagio.
audidoody said:
Do you often wander into a casino and take part in a no-limits poker game?
Your pockets aren't nearly deep enough to sue them.
A solicitor consultation and a few letters to Santander will cost at least £500. The next stage is to issue a writ - another couple of hundred at least. Santander will defend it. You'll have done £1,000 before you even get to the stage where the solicitor asks for £10,000 on account so he can instruct Counsel. No-one can tell you with certainty if you will win or lose. By the time you have racked up a £20,000 bill the stress will overpower you and you'll want to back out. But if you do you'll be liable for Santander's costs as well. Far better to take the £100,000 you have just lost and put it on red at the Bellagio.
^^ThisYour pockets aren't nearly deep enough to sue them.
A solicitor consultation and a few letters to Santander will cost at least £500. The next stage is to issue a writ - another couple of hundred at least. Santander will defend it. You'll have done £1,000 before you even get to the stage where the solicitor asks for £10,000 on account so he can instruct Counsel. No-one can tell you with certainty if you will win or lose. By the time you have racked up a £20,000 bill the stress will overpower you and you'll want to back out. But if you do you'll be liable for Santander's costs as well. Far better to take the £100,000 you have just lost and put it on red at the Bellagio.
You will need deep pockets to get anywhere. Just try yourself and get a couple of hundred out of them and have a good weekend away.
Whilst you're enjoying the weekend away just sit back and thank whoever because you closed all your accounts at this f
king piss poor excuse of a bank ran by a bunch of fking sGassing Station | Finance | Top of Page | What's New | My Stuff