Does anyone happen to have the email for Santander cards - data controller

Should I send them a SAR? they say account started in 04. Only have statements from 09. So maybe would be good to get them to provide all the old data. Which may well include many more penalty charges.

Can't find any statements before June 09. Although Sant says account started in 04. June 09 balance was £1711. From July 09 until Feb 2012 - I calculate £524 of interest paid and £230 in late penalties added. Made ad hoc payments over 2 years - whittling balance down to £188 by June 2011. No payments after June 2011. By Feb 2012 the balance increased to £295 - by interest and £12 late penalty charges No further interest added. Sant sold to Hoist Oct 2014. Sant have written offering a refund of interest and default fees charged from Jan 2010 - which amounts to £460. But there were a couple of £12 charges in 2009 - which would have affected the interest paid. Should I write to Sant and query their offer? Ask for a breakdown of the interest charged and whats been included in their refund offer?

sorry - probs being stupid but what is OC?

inputted figures again from 2009-start 2012. The late payment charges + CI add up to apx £300 (at 22%) for that 3 year period. Then 8% simple interest from start 2012 til today is £620. Im a bit confused on how to re-consider the interest that would have been applied on a wrong balance during those 3 years. The letter from S said that in their own calculations they were refunding interest - yet they calculated from 2010, rather than 09. Also S calculation for the 8% was 390 compared to my 620

Thanks dx I will go back through the statements. I think I understand that you are saying - can claim CI from 2009 up until they stopped charging the 22.25% and then 8% I will input in to the excel sheet. Although they shouldn't take tax as was under personal allowance

sold to hph (hoist) in Oct 14. They gave it a new account # The balance at sale was wrong. They quoted £295 owed. Yet there was already £230 of £12 fees + compound interest owed by santander. The last payment into the account was June 2011. Nothing since. They ask what account they should send the reimbursement to. This was a credit card account - so assume they consider the account/ card closed...? The letter says they didn't send a nosia - notice of sum in arrears - when the min payment wasn't met for 2 consecutive months. They've quoted a date of start 2010 They refund interest, default fees charged from this point - and have calculated £450+ Then they calculate using 8% compensation on the refund up to this month 2021 - £390 They deduct 20% tax from the 8% compensation calculation ! - £78 Then they deduct what they say was the outstanding balance (295) Giving an alleged owed amount of £475 . Thats a big difference to the the CI excel spreadsheet version!

Santander sent a letter recently offering £s due to mistakes made. Only their starting balance was wrong - due to late fee charges incorrectly or unfairly added - and they used 8% simple interest to calculate. So gone through old statements to check all charges. Calculated £230+ of late penalty charges dating back to 09. Added that figure in to a CI excel spreadsheet and used the % they mostly charged (22.25%). Its totalling £2k+ I reclaimed penalty charges 5 years ago from Barc. Is it the same process and same rules and regs to follow now? Or have there been changes?

This has partially been resolved. LL returned full deposit. Tenant is claiming retrospectively for damaged contents. They are still considering making a claim for loss of rooms during the tenancy. It has been confirmed that the LL did not have correct insurance and did not have proper consent of the lender to rent the property - so no insurance claim can be made. Any claim would have to come out of potential sale proceeds. I will keep this thread updated if a claim is made...

Another 2 years have passed and Ive just had letter from shoos. They write to say they are no longer handling this account for nw. They state that nw have passed the account on to 'equivo' - not a sale of debt - which is still legally owned by nw; just a transfer of admin. The balance is still owed to nw. Ive made no payments to shoos for years. Is this anything to worry about?

Thanks HB. That's useful to know. This gives Tenant a good reason to ask Agent to provide LL insurance details. Then Tenant can raise the question of clause 4.3 and claiming a rent reimbursement via LL insurance. If LL didn't have bank permission to rent that is one issue for them. But more importantly if LL didn't have proper LL insurance then their policy would be void - which would mean no rent reimbursement via insurance, only via personal funds. I understand LL wants to sell the property as covid has allegedly negatively impacted their finances. So I doubt they will be bothered about the mortgage company potential disapproval. And if they sell quickly they won't be bothered about the lack of valid insurance either - they'll just settle out of sale proceeds. But if the sale process takes longer - I just think Tenant should get the ball rolling on clause 4.3 rent rebate claim asap...

As per post 1 - the LL did ask tenant to make a claim on their contents insurance. Tenant didn't make a claim as they had hoped the LL would make a claim via LL insurance and reimburse them that way. Specifically Tenant did not want their premium to go up and thought that it should be an issue that LL could handle. Having read the AST i see there are 2 clauses of interest: 4.2 - to keep the Premises including all furniture fixtures fittings and household effects specified in the inventory fully and comprehensively insured against fire and other risks which are normally covered by a householder's comprehensive policy and such other risks as the LL shall desire such insurance specifically excludes property introduced to the Premises by the Tenant which is at the Tenant's own risk and responsibility and 4.3 - to return to the Tenant any Rent payable for any period while the Premises are rendered uninhabitable by fire flooding or natural disaster other than if such fire flooding is caused by the Tenant's own equipment and/or negligence. 4.2 - clearly states the Tenant's possessions in the property are there at Tenant's own risk. Meaning Tenant should have own contents insurance. Would this absolutely mean that Tenant was wrong not to have made their own contents insurance claim? Or would there be a way round this from a defective premises perspective? And/or because the LL did not have LL insurance or permission from bank to rent premises? As Tenant has moved the contents insurance policy was cancelled. Is there ever any option to contact an insurance company re a claim in hindsight?? Or once you cancel the policy that's it? 4.3 - Indicates that Tenant could ask for a rent rebate. The whole property was not made uninhabitable - but rooms were. Would this clause effectively cover the rooms made uninhabitable/ unusable for a period of time and allow Tenant to ask for rent rebate?? Furthermore Clause 7 of the AST: The Tenant will give notice in writing to LL or agent immediately of any defects in either the exterior or interior of Premises of which the T knows or ought reasonably to know and for which the LL owes a duty of care to the T and any 3rd parties by virtue of the provisions of the Defective Premises Act 72 or any other statutory provision and the Tenant shall indemnify the LL for any loss he may suffer by reason of the T not giving notice. Tenant did put in writing to LL immediately. It would not ever have been on the Tenant's mental radar to consider contacting the council private housing dept. I did not know there were any issues regarding this tenancy until recently - would not have known to have offered advice until now. The deposit is placed with the TDS. It was a value of under £4k

Because they are struggling in many ways

Thanks Stu Relative is struggling in many ways. I can help to a degree as I have been a LL and have also been involved in disputes which involved studying property law. As its family I'm happy to help.

Same relative - different rental ! This is the next rental after that issue (relative new to rentals having been a home owner most of adult life until things went pear-shaped).

Three floors terraced house G/f - 2 rooms: kitchen and reception room + tiny wc 1/f - 4 rooms: 3 bedrooms and 1 bathroom 2/f - 2 rooms: 1 bedroom and ensuite bathroom The 2/f bathroom pipes failed - flooded one bedroom on 1/f. This meant the 2/f bedroom no longer had an ensuite. It took LL 13months to send builders round. A further 3months before it was a correctly working bathroom. One bedroom on 1/f flooded and unable to use for 16months. The 1/f bathroom became the only bathroom in the house for 16months. This 1/f bathroom also had pipe issues and for 3months flooded the g/f kitchen. For 3months water flooded through the ceiling/ light fixtures before a builder fixed that leak. A health and safety (electrocution) issue for 3 months. For 13months the holes in the ceiling remained - before the builder came to start works. Tenant had the flooded bedroom full of designer clothes. Some items were salvaged by specialist cleaning; some were ruined. Emails to/fro Tenant/LL. LL asked if Tenant could claim via own contents insurance and mentioned covering extra costs - but to date nothing has been done - no content insurance claim or £s from LL. AST specified items brought into the premises should be insured by Tenant. However, given this was a LL defective premises issue - Tenant not sure if this issue should be totally covered by LL ??? As in would the '72 Defective Premises Act cover any claim by Tenant for loss/damage of their possessions?? Have researched a bit more since earlier. Seems that LL bought the property with a residential mortgage and lived in it for 2-3y before refurbishment. Since then (5y) it has been rented. The building society listed on Land Registry has a website which states that consent can be given for up to 1y rentals for a nominal fee and LL insurance must be taken out. For longer rentals the b.s. states the loan product should be changed to a BTL. Land Registry shows no such change in charge details. Thus it seems - although w/o absolute confirmation yet - that LL has been breaching the mortgage terms for last 5y and didn't have the required insurance either.

The FP is online Total = 1620sqf Damaged rooms apx 220sqf Calculating rental £s by total sqf I get a £/sqf. Multiplying £/sqf by the reduced sqf to get an apx rental they should have paid? I tried it that way. Worked out apx £500/m reduction But current rental prices for 3bed/1 bath houses in same area are currently priced 1k/m less. So what would be the fairest calculation?

Thanks Family member moved out last week. They checked Land Registry upon my advice and yes discovered there is a charge listed to a building society How would one correctly calculate an appropriate loss? Would one divide the monthly rent by the amount of rooms to gauge a room value? Then calculate 2 rooms x 16 months to generate an appropriate amount? Or is there a better calculation to use?

Family member rented a house for 3y on a AST from start 2018. Mid-2019 there was an issue with flood damage - through faulty pipes/ builders work - which occurred whilst the property was unoccupied during a 2w vacation. a) it took 13 months for the LL to start any repairs (Sept 20) and further 3 months to rectify (Xmas 20) b) it caused the loss of the use of one bedroom and one bathroom c) it caused damage to tenant's expensive clothing The property was 4 bed/ 2 bath house in a nice location and an expensive rental. The flood damage made it a 3 bed/ 1 bath house. Tenant brought the flood damage to the attention of the LL immediately. Various emails to/fro regarding builders and damage and loss of use of rooms etc. The builder who had carried out original refurbishment for LL came to view but failed to return to do the repair works... Tenant didn't want to offset rent to sort the repairs as understood that could jeopardise the tenancy. Yet LL took 13 months to even start the repairs. Tenant paid the same amount of rent throughout. Yet they lost the use of 2 rooms. Effectively paying an inflated price through no fault of their own.. They would never have agreed to pay as much for a 3 bed/ 1 bath property. How can Tenant now ask for reimbursement? Is it possible to make a claim based on the loss of 2 rooms for apx 16 months? How would/ could they calculate that? The rent was a lofty £875/w... Tenant wanted to move earlier but covid and lockdowns prevented moving - until now (just). LL didn't want the repairs to be done via insurance. Although they did ask Tenant to make a claim on their own contents insurance for clothes damage.... It wasn't clear why LL didn't contact insurance company to organise loss adjuster/ claim - but Tenant didn't query. However, now it has come to light that LL has a mortgage. Guessing here - but potentially LL did not have the consent of the building society to rent out the property - which would breach the terms of the mortgage and invalidate any regular insurance policy. And this maybe is why LL did not go through insurance. The Agent has 'butted in' and stated that LL is not required to have "legal insurance" to rent out a property - although he does always advise LL to get buildings insurance and tenants to get contents insurance"... (seems he is unaware of legal requirement of LL to alert lender!!) How would Tenant ascertain if LL had correct insurance and the consent of the bank? If they didn't have correct permissions would this give Tenant any extra legal leverage over getting reimbursement? Would any claim fall under the 'Defective Premises Act 1972? Or is there another Landlord/ Tenant Act which would find the LL dereliction of duty/ responsibility? Be grateful for advice here. Thanks...

The B has officially now been discontinued in court. Still a work in progress re many legal challenges - but the situation has turned around.... Have had some legal advice, which really helped/ is helping. Will update when things have moved forward a bit more

I've read and re-read and still not sure I understand!! Does it mean if no proof of service with the £s statement within 28 days of the ico that the claim for co is struck out? No service done

Does anyone know anything about CPR 73.7 (2) ? General form of jdgment or order states that - unless creditor complies with 73.7 (2) by filing statement of amount due inc costs & interest by x date then 1. the ICO will be discharged 2. the application for a CO shall stand struck out 3. the jdgment creditor must apply forthwith for any entry on the register at Land Reg relating to ICO to be removed It also states that as there was no hearing the parties have a right to request decision be reconsidered by district judge. Must send/ deliver the application within 14 days of service of this letter. Must include a summary of the issue and explanation as to why the reconsideration is sought. Any reconsideration will be without a hearing. Does this mean the attempt to get a charging order has failed?

Thank you. I will

Just a thought from reading around - does anyone know anything about "Pension Credit" ??

It's just a normal leasehold. An old listed building converted into flats by the freeholders. Thank you