Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
When did you last make a payment in relation to this product please?
First you need to complain to Abbey (Santander) regarding the mis-selling
They will investigate the matter using the corporate complaint procedure
If you are not happy with the response then you can then take it to the Ombudsman
They are independent and offer a free service, but will have expected you to have complained to Abbey first
Their website is: www.financial-ombudsman.org.uk
Or you have the option of taking the matter to Court
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation. Over £10,000 you would need legal representation
Can I clarify anything for you about this today please?
May I ask why not?
Did you know you were getting life insurance?
Did you know it included life insurance?
You may have a claim in terms of mis-selling. It is the duty of a financial adviser to give the best advice in relation to your circumstances which may not be to recommend in house products.
If you were sold something that was not required or needed then yes you would have a claim in terms of mis-selling/
If your requirements were not properly considered or met then this clearly helps you claim.
As you know you had an existing policy - it appears they used the mature date with the aim of selling you more products which you may not have needed.
So yes, I do consider that you may have a claim against the bank
Not at this stage, as this may not be a recoverable cost.
You first need to raise this with the Bank formally.
If they reject, then go to the Ombudsman
If that is rejected then you will need a Solicitor, but probably not at this stage
I can not act for you so we are unable to act, as it is against site rules.
But do not employ a Solicitor yet as this is a cost
Can I clarify anything else?
Unless you can find one online I do not think so.
You may need to compose this yourself.
But you seem perfectly capable of rehearsing the facts here, so I should not think it would be a problem for you
The fact that you did not ask for the product, you did not need the product and that your needs were not properly assessed.
You would need to list that as a new question but yes
Can I help with anything else?
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