Santander won't accept responsibility for standing order going to wrong account

[topcat77]

In February this year I had to cancel a standing order I had set up with my bank to pay my rent to my landlord as I couldn't afford the full payment that month. I went to my local branch and asked them to set up the standing order again going to the same place it went to the previous month. This was all done verbally and I never checked the receipt as I trusted my bank had put the correct details through.

 

In April my landlord got in contact with me to say he had not received any rent for two months and it turned out that my bank had put the details through for a standing order I had set up in June last year but cancelled. £860 was paid to my previous landlord, a lettings agency in February and March and they will not pay me the money back. They are now saying that I owed them this money because I left my previous property without giving notice.

 

I have complained to the bank and after over 8 weeks of waiting, they have decided today that there is nothing they can do unless I can prove I cancelled the standing order last June (The account of which my money went to in error) Apparently, the standing order was still active on the banks computer yet no payments have been made since.

 

I don't remember getting a receipt for cancelling it or whether I did it online as it was nearly a year ago. My bank is saying they have no record of me cancelling it online and the branch has no receipt for me doing it either.

 

If I took this complaint to the FOS, would there be a chance I could get this £860 back from the bank as it is their error and I owe it to my landlord? Luckily, he has been willing to wait for it until this complaint is dealt with.