Where do I begin?

[den3371]

I have been in my property for just over 5 years.

 

Each December I renew my tenancy through the Estate Agent (they just draw up a new Tenancy agreement each year, the Landlord manages the property). Each year, my standing order stops in November and then I have to go into the Estate Agents with my new signed contract any pay December's rent of £875.

 

I payed December's rent just before Christmas in cash at the estate agents and thought nothing of it untili I received a call from them on 3rd January asking me to check my account as the Landlord had mentioned that he had received another payment from my bank on 27th December.

 

I went into the bank and asked the cashier to look through my account and see if a payment had come out, despite the fact that my standing order should have finished last November. The cashier looked at my account and said no, a payment had not come out.

 

I informed both my Landlord and the Agent and thought there had been a mix up somewhere until a week later when I couldn't take any money out. I called the bank( Santander) and the Lady I spoke to said yes £875 has come out of my account and that it was their fault the SO hadn't been cancelled. She explained that they would refund my money and try and get the other money back from my Landlord. The Bank were good to their word and the money was back in my account in less than 48hrs.

 

I told my Landlord who then said that as the Bank had originally told me that the money had not left my account - he had spent it! He thought as it was their mistake he didn't think he should have to pay it back!

 

Fast forward to today, I have come home from work to find a letter from Santander telling me that they have had no luck contacting my Landlord and that they will recover the money from my account within the next 10 days!!! I spoke with my Landlord who said that he hasn't heard from Santander, and somehow seems to think that the Estate Agents now need to get involved.

 

All I want is for him to pay back the money, otherwise, I won't be able to pay for a pint of milk, let alone another months rent!

 

I am really upset about this, in all the time I have been here, I have always paid the rent on time. I paid December's rent, I am up to date with all my rent. How can they threaten me with recovery of the money when they should really be chasing the Landlord?

 

Any help/advice gratefully received!

[mariner51]

Why is LL at fault? HE notified you that he may have received a second payment from you bank, BEFORE you even noticed. You checked and bank said a second payment had not been made. Being assured money was not yours LL spent it quite legally. Santander realise they have made a mistake returning the money to you and attempt to reclaim from your account. All the mistakes are down to Santander. Initiate Santander dispute procedure for 1 erroneouslly paying cancelled SO, 2 misleading you that money did not come from your account, 3 reclaiming this payment from you by force majeure. Either bank will not chase you for payment or cease negotiations. Then you go straight to financial services Omdudsman etc Santander are not the sharpest or brightest Bank as many ex-customers will confirm.

 

Not LLs fault!

[den3371]

Why is LL at fault? HE notified you that he may have received a second payment from you bank, BEFORE you even noticed. You checked and bank said a second payment had not been made. Being assured money was not yours LL spent it quite legally. Santander realise they have made a mistake returning the money to you and attempt to reclaim from your account. All the mistakes are down to Santander. Initiate Santander dispute procedure for 1 erroneouslly paying cancelled SO, 2 misleading you that money did not come from your account, 3 reclaiming this payment from you by force majeure. Either bank will not chase you for payment or cease negotiations. Then you go straight to financial services Omdudsman etc Santander are not the sharpest or brightest Bank as many ex-customers will confirm.

 

Not LLs fault!

 

Thanks for the response, I will call the bank today and see what happens also if I start the complaints process will they have to stop the threat of taking the money out of my account?

 

Many thanks

Edited February 27, 2013 by den3371

[Lea_HTH]

By all means complain to Santander, and ask for a bit of compensation. However, there is a much simpler resolution to this.

 

LL knows he received the money and has spent it - he is now aware that it came from you. He is also now aware that the bank are trying to reclaim the money from you. Let them. LL has had his rent, Santander will get their money back, and all of you will be placed back in the position you were in originally.

 

Sometimes pragmatism is the best resolution to a situation like this - not tying yourself up in knots with complaints procedures and gaining bank charges etc in the interim.