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Subject Access Request nightmare

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  • Subject Access Request nightmare

    I have been trying to get a full SAR for my deceased mothers accounts since March. I discovered she had been finacially abused by a family member, so am asking for all transactions including signatures and copies of bank statements. ( She was also disabled and the frequency of withdrawels is not consistent to how often she could go out, or how far she was able to travel.)
    I was told in March it could be done through their Probate deparment, but the Probate department referred it back to branch the following day.
    I rang the probate department in April to find out how much longer it was going to take and was told they couldn't deal with it....complaint number 1 submitted.
    The complaints department at probate told me I would have to submit a SAR form to the Data Protection team which I done, but they didn't receive ( my own fault for not sending it signed for), this was in May.
    Thinking the nightmare was going to get resolved Santander offered me £30 for inconvience & £10 for the SAR which I accepted.

    I received a bank statement in June which didn't have the cheque as cashed on it, so I rang Probate complaints again, the person I spoke to was very helpful and said he would accept a copy of the original SAR form I had put in in May along with a copy of the death certificate, but to address it private & confidential to himself & he would send it with a covering letter outlining the details to the correct people.
    I sent that off but someone in the post department didn't send it to him they sent it straight to the Data Protection dept even though it was addressed private & confidential to someone in the probate complaints dept.

    The Data Protection Dept then sent out a letter to my deceased mother, even though it quite clearly stated she was deceased and all correspondance was to be sent to myself. the letter got redirected to myself by royal mail....so I rang Probate complaints again, the man dealing couldn't trace the SAR but was able to tell me my cheque had been cashed.
    He finally traced the SAR and told the relevent dept that correspondance was to be sent to me and not my deceased mother as put on the SAR form.
    I received her bank / savings statements but nothing with signatures on.

    Now the problem is the Data people or whoever does the SAR forms are saying they cannot send me the paperwork with signatures on., the man in probate complaints has asked them why not and I am waiting for him to get back to me on that.

    I just want this to be over and am fed up with being pushed from one dept to the next by Santander. The police wont take any action until I get more eviedence as they have already spoken to the family member who said Mum gave them permission to fleece her of tens of thousands of pounds.
    Without the stuff with signatures I can't do anything, and feel that Santander are deliberatley putting blocks in the way!!
    Tags: None

  • #2
    Re: Subject Access Request nightmare

    The bank have just phoned me and said that copies of cheques / over the counter withdrawels ect are not covered by a SAR form and have to be done by a request for information???? to which I have to pay x amount for each signature I require?? Is this correct??? or are they just fobbing me off yet again?

    This has been going on since March & no-one in Santander seems to know what they are doing, to say I am frustrated is an understatement!!!

    My mother was a disabled vunerable adult who was abused by a member of her family & Santander let it happen & now it feels like they knew it was going on ( her current account was in arrears when she had thousands in savings which was being drawn out of constantly by hundrends of pounds a week sometimes thousands, but didn't step in to do anything.

    Where do I go from here??

    Comment


    • #3
      Re: Subject Access Request nightmare

      The data protection act (and hence the SAR process) applies only to living data subjects.

      Comment


      • #4
        Re: Subject Access Request nightmare

        I am sorry for your loss have gone through the same recently myself, so do understand how upsetting a matter this is for you.

        Firstly I would complain to ceo@santander.co.uk give a brief description of what has gone on. Explain that you strongly suspect that your mother has been financially abused., You are considering taking further action on the matter and have already contacted the police and they are awaiting more proof which only you (Santander) can provide. You have so far not been given this information because no one seems to know how or where you can get the information from.
        You should also have on your local council a department that helps with keeping vulnerable adults safe, give them a call they just may give you contact details for someone who could help you if this is to go to a criminal complaint.
        Hope this helps
        Enaid x

        Comment


        • #5
          Re: Subject Access Request nightmare

          Yet another complaint has been raised this time it has gone to the personal accounts department with an indepth report from the man in the probate complaints department of the issues I am having in obtaining this information.

          He said I should hear from them within 48hrs but the timeframe to hear from them can be up to 6 weeks. Which will make the total time I have been waiting for this information 9 months from when I first requested this information back in March.

          They have sent me copies of bank statements and transactions from her savings account, which go back to 2005, but without the signatures ect I am unable to go to the police with any evidence.

          Should I give them the 6 weeks to sort it or take things further now?

          Comment


          • #6
            Re: Subject Access Request nightmare

            ...... and of course if the signature on these cheques does not match the one on file Santander will be refunding the losses to the estate.....

            I suspect they may be hoping you'll go away

            Comment


            • #7
              Re: Subject Access Request nightmare

              They can hope...............I'm not going anywhere!!!
              How these places do not pick up on this kind of thing is disgusting, she had tens of thousands in savings but her current account was constantly in debt, sometimes she was paying hundreds of pounds in charges a month, it makes me sick how they get away with it.
              There needs to be some kind of legislation put in place for them to pick up on what is happening under there noses!!![
              QUOTE=des8;456568]...... and of course if the signature on these cheques does not match the one on file Santander will be refunding the losses to the estate.....

              I suspect they may be hoping you'll go away[/QUOTE]

              Comment


              • #8
                Re: Subject Access Request nightmare

                Originally posted by suzie04 View Post
                The bank have just phoned me and said that copies of cheques / over the counter withdrawels ect are not covered by a SAR form and have to be done by a request for information???? to which I have to pay x amount for each signature I require?? Is this correct??? or are they just fobbing me off yet again?

                This has been going on since March & no-one in Santander seems to know what they are doing, to say I am frustrated is an understatement!!!
                When I sent a SAR to Santander in December 2011 the cheeky sods :mad2: :rant: sent me six months worth of statements and told me if I wanted more, I needed to pay a further £10! :scared:

                I was provided with the email address of someone who sorted it all out, got me 6 years worth of statements (albeit 6 months later as opposed to 40 days) and paid £50 into my account in compo. I don't know whether it would be appropriate to post the email address on here so I'd rather not, but I can PM it to you if you wish. :typing:

                Comment


                • #9
                  Re: Subject Access Request nightmare

                  Obtaining copies of cheques does usually attract a fee and don't come out under a SAR. Could you request a couple of copy cheques first of all to show the police there is something to investigate ? Just to get the ball rolling, once you have those and see if they are fraudulently signed they should be obliged to supply the police with the rest.
                  #staysafestayhome

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                  Comment


                  • #10
                    Re: Subject Access Request nightmare

                    Flaming Parrot that would be great if you could pm me that e-mail address, although I was told yesterday by the man in the probate dept that Santander are no longer allowed to take external e-mails??? due to it not being secure.

                    Amethyst that sounds like a good idea I hadn't thought of that.........been too tied up trying to get everything all at once.

                    Comment


                    • #11
                      Re: Subject Access Request nightmare



                      Certainly get a response I did, give them your telephone number! they ring.

                      Comment


                      • #12
                        Re: Subject Access Request nightmare

                        Originally posted by suzie04 View Post
                        Flaming Parrot that would be great if you could pm me that e-mail address,
                        On its way...

                        Originally posted by suzie04 View Post
                        although I was told yesterday by the man in the probate dept that Santander are no longer allowed to take external e-mails??? due to it not being secure
                        QUE? How can a company refuse to receive external emails? :confused2: What would be the point of having emails then? :noidea:

                        Comment


                        • #13
                          Re: Subject Access Request nightmare

                          I suspect, if there is forgery here, that in theory the estate has a case against Santander as they have allowed money to be withdrawn from the accounts not in accordance with the bank mandates.
                          However , their defence will be there was culpability on part of account holder in not noticing the losses.
                          You say your mother was "vulnerable" and this was perhaps the reason.
                          You might find this link of some use
                          http://www.financial-ombudsman.org.u...signatures.htm

                          Comment


                          • #14
                            Re: Subject Access Request nightmare

                            Originally posted by Amethyst View Post
                            Obtaining copies of cheques does usually attract a fee and don't come out under a SAR. Could you request a couple of copy cheques first of all to show the police there is something to investigate ? Just to get the ball rolling, once you have those and see if they are fraudulently signed they should be obliged to supply the police with the rest.

                            To be honest, Amethyst, it depends on whether the OP is alleging that the signatures for the cheques are forged or not. If they are forged then they would have to investigate a case of fraud. However, if it is obtaining monies by undue influence then surely the police should already be involved. Copies of cheques would incur a cost but I think, depending on the circumstances that it MIGHT be a case of their fraud team investigating it and that may not necessarily mean copies of cheques being given to the OP since they would be need by the police for any prosecution.

                            I think we need more info from the OP, whether it is undue influence or cheques fraudulently being cashed....
                            "Family means that no one gets forgotten or left behind"
                            (quote from David Ogden Stiers)

                            Comment


                            • #15
                              Re: Subject Access Request nightmare

                              Originally posted by des8 View Post
                              I suspect, if there is forgery here, that in theory the estate has a case against Santander as they have allowed money to be withdrawn from the accounts not in accordance with the bank mandates.
                              However , their defence will be there was culpability on part of account holder in not noticing the losses.
                              It would depend on her mental state which I think you kinda go towards in the next statement.
                              You say your mother was "vulnerable" and this was perhaps the reason.
                              You might find this link of some use
                              http://www.financial-ombudsman.org.u...signatures.htm
                              The vulnerability and the compus mentes of the person can all play into this equation and unfortunately, police involvement is the likelihood.
                              "Family means that no one gets forgotten or left behind"
                              (quote from David Ogden Stiers)

                              Comment

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