Partially upheld: service failure - failure to provide bank statement as promised complaint against Santander UK Plc

Decision detail

Summary

Mr R complained that Santander failed to provide a promised bank statement by the deadline he needed it as proof of a telephone banking payment, forcing him to make a duplicate cash payment of £135. Santander offered £100 compensation for the service failure. The ombudsman upheld the complaint in part, acknowledging the service failure but rejecting the £135 reimbursement claim. The ombudsman found that Mr R had been informed of and acknowledged an alternative method (ATM mini-statement) to obtain proof of payment, making the financial loss reasonably avoidable through his own actions. The £100 compensation for distress and inconvenience was upheld as fair and reasonable in the circumstances.

The Ombudsman's reasoning

The ombudsman found that while Santander failed to provide the promised bank statement on time, Mr R had a reasonable alternative available to him (obtaining a mini-statement from an ATM) which he acknowledged during the call. The ombudsman applied the principle that consumers must take reasonable steps to mitigate loss. Since Mr R did not indicate he could not access the ATM option and Santander had informed him of this alternative, Santander could not reasonably have foreseen that Mr R would depend solely on the bank statement. Therefore, the financial loss was reasonably avoidable by actions Mr R could have taken himself. The £100 compensation for distress and inconvenience was considered fair and reasonable.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website