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  • FIRST POST
    • BartyBoy
    • By BartyBoy 12th Feb 17, 2:20 PM
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    BartyBoy
    PPI claim rejected by Santander
    • #1
    • 12th Feb 17, 2:20 PM
    PPI claim rejected by Santander 12th Feb 17 at 2:20 PM
    Hello all

    As usual, can I have some advice please?

    I opened two separate store card accounts with GE Money about 18 years ago. I honestly only discovered last year that I had signed up for a PPI policy on both accounts. The reason I didn't realise before is both accounts were closed many years ago and I was cleaning up some ancient paperwork while I saw the card statements.

    I contacted GE Money and they referred me to Santandar. I filled in a PPI questionare for Santandar and later they got back to me saying I was only paying PPI on one of the two accounts. Santander sent me a copy of the original application form and told me I did tick the box to opt in the PPI, they argued I must know about the PPI, but I said to Santandar the application was happened at a Debenhams store, I did not recall I was explained or discussed if the PPI was suitable or valid to me. Furthermore, the original form clearly shows I was not employed (neither full time nor part time) at the time I applied for the store card. So in my opinion I was straight away not qualified for the PPI, but still GE Money carried on taking the premium from me. I guess I wasn't paying the PPI on the second account because whoever processed my application knew I would not be covered, so GE Money did not take any money from me for the PPI on the second account.

    I contacted Santander to make the point that I did not have any regular income, so the PPI would not be valid. But then Santander now says I made a claim successfully on my store card account in the past, that gives them more reasons to say my PPI claim is rejected now.

    It was correct that I made a claim on my store card account while it was running, but the claim was not made via PPI and it had nothing to do with the PPI. I was told being a store card account holder, if I purchased something in full price and the the item became cheaper within a period of time, I was allowed to claim for the difference. This is what I did, I made a claim for the difference, that's all.

    Santander never explained the claim was to do with the price difference, all they say is I have made a claim on my account in the past, so now they reject my PPI claim. I really don't think that is a reason for the rejection at all.

    Obviously, this is my view and my opinion on my PPI claim with Santander, I don't know if I am right or not here...

    Any comment or advice is much appreciated.

    Many thanks in advance!
Page 1
    • Moneyineptitude
    • By Moneyineptitude 12th Feb 17, 2:30 PM
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    Moneyineptitude
    • #2
    • 12th Feb 17, 2:30 PM
    • #2
    • 12th Feb 17, 2:30 PM
    As usual, if you feel your complaint has been incorrectly rejected you have six months in which to refer it to the Ombudsman.

    I don't think Santander will have said they have rejected your complaint solely on the basis that you made a price promise claim, simply that this is evidence that you knew about the account and would have been checking your statements. Each statement would clearly have shown the PPI which you would doubtless have seen while checking for questionable price fluctuations you made a claim about.

    Just to add that saying you didn't know about the PPI is one of the weakest complaints you can make about store (and credit) cards, because PPI is itemised on a separate line on each monthly statement where the account has a remaining balance. If, as they say, you opted for the PPI voluntarily then you really don't have a complaint regardless of it being of no use to you.
    Last edited by Moneyineptitude; 12-02-2017 at 2:32 PM.
    • BartyBoy
    • By BartyBoy 12th Feb 17, 2:42 PM
    • 399 Posts
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    BartyBoy
    • #3
    • 12th Feb 17, 2:42 PM
    • #3
    • 12th Feb 17, 2:42 PM
    As usual, if you feel your complaint has been incorrectly rejected you have six months in which to refer it to the Ombudsman.
    Originally posted by Moneyineptitude
    Thanks for your comment.

    I took a different company about a PPI claim to FOS before, and FOS told me the regulation was only started in 2000, so any mis-sold PPI before that, FOS is not able to look into.
    • Moneyineptitude
    • By Moneyineptitude 12th Feb 17, 3:01 PM
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    Moneyineptitude
    • #4
    • 12th Feb 17, 3:01 PM
    • #4
    • 12th Feb 17, 3:01 PM
    I took a different company about a PPI claim to FOS before, and FOS told me the regulation was only started in 2000, so any mis-sold PPI before that, FOS is not able to look into.
    Originally posted by BartyBoy
    That's by no means the case with all Ombudsman referrals. Regulation of insurance actually began in 2005, but long before that for Banks.

    If you have had an Ombudsman leaflet included in your rejection letter (as is required if the sale was regulated) then you can definitely refer it.

    If not, then your complaint is at an end I'm afraid.
    • Mersey
    • By Mersey 12th Feb 17, 4:35 PM
    • 1,630 Posts
    • 780 Thanks
    Mersey
    • #5
    • 12th Feb 17, 4:35 PM
    • #5
    • 12th Feb 17, 4:35 PM

    I opened two separate store card accounts with GE Money about 18 years ago. I honestly only discovered last year that I had signed up for a PPI policy on both accounts. The reason I didn't realise before is both accounts were closed many years ago and I was cleaning up some ancient paperwork while I saw the card statements.

    I contacted GE Money and they referred me to Santandar. I filled in a PPI questionare for Santandar and later they got back to me saying I was only paying PPI on one of the two accounts. Santander sent me a copy of the original application form and told me I did tick the box to opt in the PPI, they argued I must know about the PPI, but I said to Santandar the application was happened at a Debenhams store, I did not recall I was explained or discussed if the PPI was suitable or valid to me.

    Any comment or advice is much appreciated.

    Many thanks in advance!
    Originally posted by BartyBoy


    Santander UK are now dealing with this GE Money liability from the then Arcadia Group of stores' cards (DP, TopShop, Burton, Debenhams and so on). The successful route claimants are currently finding is:


    Santander > FOS (Ombudsman) > Genworth (the underwriter)


    Address on the link:


    www.mirror.co.uk/money/you-used-store-card-1990s-7114139
    Please be polite to OPs and remember this is a site for Claimants and Appellants to seek redress against their bank, ex-boss or retailer. If they wanted morality or the view of the IoD or Bank they'd ask them.
    • Moneyineptitude
    • By Moneyineptitude 12th Feb 17, 4:47 PM
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    Moneyineptitude
    • #6
    • 12th Feb 17, 4:47 PM
    • #6
    • 12th Feb 17, 4:47 PM
    Santander UK are now dealing with this
    Originally posted by Mersey
    The OP clearly states that he complained to Santander and I already advised he could go to the Ombudsman?
    • Mersey
    • By Mersey 12th Feb 17, 5:00 PM
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    Mersey
    • #7
    • 12th Feb 17, 5:00 PM
    • #7
    • 12th Feb 17, 5:00 PM
    Read the whole sentence, Moneyineptitude.


    The only reason I felt the need to respond, is because you - wrongly - stated that the OP's claim, "was at an end" if the FOS then rejects it, which you know is not true with these store cards.
    Last edited by Mersey; 12-02-2017 at 5:03 PM.
    Please be polite to OPs and remember this is a site for Claimants and Appellants to seek redress against their bank, ex-boss or retailer. If they wanted morality or the view of the IoD or Bank they'd ask them.
    • Moneyineptitude
    • By Moneyineptitude 12th Feb 17, 5:10 PM
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    Moneyineptitude
    • #8
    • 12th Feb 17, 5:10 PM
    • #8
    • 12th Feb 17, 5:10 PM
    you - wrongly - stated that the OP's claim, "was at an end" if the FOS then rejects it, which you know is not true with these store cards.
    Originally posted by Mersey
    My post said no such thing.

    I said the complaint was "at an end" if the Ombudsman is not accessible due to it being pre-regulation.

    I didn't suggest Genworth as a further recourse, but your response was not worded in a manner which suggested that was an additional complaint the OP might make to the insurer.
    • BartyBoy
    • By BartyBoy 12th Feb 17, 5:43 PM
    • 399 Posts
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    BartyBoy
    • #9
    • 12th Feb 17, 5:43 PM
    • #9
    • 12th Feb 17, 5:43 PM
    Santander > FOS (Ombudsman) > Genworth (the underwriter)
    Originally posted by Mersey
    With the underwriter, what can they do for me please?

    The reason I asked is because I have another PPI claim that the company who sold me the policy would not take the responsibility of the mis-sold. I then found out who was the underwriter and I contacted them, but they told me to complain to the original company which sold me the policy instead, so I am like running in a circle here.

    Many thanks
    • Moneyineptitude
    • By Moneyineptitude 12th Feb 17, 5:51 PM
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    Moneyineptitude
    I have another PPI claim that the company who sold me the policy would not take the responsibility of the mis-sold. I then found out who was the underwriter and I contacted them, but they told me to complain to the original company which sold me the policy instead, so I am like running in a circle here.
    Originally posted by BartyBoy
    That is often reportedly the case with underwriter complaints. Others report success, but it's not a guaranteed route.
    Last edited by Moneyineptitude; 12-02-2017 at 8:39 PM.
    • Mersey
    • By Mersey 12th Feb 17, 6:55 PM
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    Mersey
    My post said no such thing.

    your response was not worded in a manner which suggested that was an additional complaint the OP might make to the insurer.
    Originally posted by Moneyineptitude


    Again, I suggest you simply re-read the above.


    If you didn't mean to state the OP's claim was, "at an end" [if the FOS reject it], perhaps you should not have said so.


    Incidentally, I stated Santander > FOS > Genworth is currently proving to be the successful route for such store card claimants, so you appear to have misread both your own post and my reply!
    Please be polite to OPs and remember this is a site for Claimants and Appellants to seek redress against their bank, ex-boss or retailer. If they wanted morality or the view of the IoD or Bank they'd ask them.
    • Nasqueron
    • By Nasqueron 12th Feb 17, 7:22 PM
    • 4,047 Posts
    • 2,336 Thanks
    Nasqueron
    With the underwriter, what can they do for me please?

    The reason I asked is because I have another PPI claim that the company who sold me the policy would not take the responsibility of the mis-sold. I then found out who was the underwriter and I contacted them, but they told me to complain to the original company which sold me the policy instead, so I am like running in a circle here.

    Many thanks
    Originally posted by BartyBoy
    PPI miss-sale is the issue - the key word being SALE

    Whoever sold you the policy did it wrong. As such the underwriter has no liability at all for the sale, however with store cards, Genworth have been paying out for complaints rejected by Santander (rightly as Santander didn't sell you the policy).

    With this it would be worth trying Genworth as the FOS are likely to agree with Santander that it's pre-regulation and they have no liability
    • -taff
    • By -taff 12th Feb 17, 9:24 PM
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    -taff
    Incidentally, I stated Santander > FOS > Genworth is currently proving to be the successful route
    Originally posted by Mersey
    Well, you shouldn't be advising they use the FOS anyway, as pre regulation can't be dealt with by the FOS.

    So you should have advised

    Santander - Genworth.


    But OP, Genworth do not have to take responsibility for the sale either. If there was a section on your application form that dealt with GE Money, they're more likely to.
    • Moneyineptitude
    • By Moneyineptitude 12th Feb 17, 9:34 PM
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    Moneyineptitude
    I contacted GE Money and they referred me to Santandar.
    Originally posted by BartyBoy
    Genworth do not have to take responsibility for the sale either. If there was a section on your application form that dealt with GE Money, they're more likely to.
    Originally posted by -taff
    OP has already complained to GE Money.


    This really is going around in circles now...
    • -taff
    • By -taff 13th Feb 17, 8:25 AM
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    -taff
    Not really. Just emphasising for certain posters that sometimes, it really is pre regulation and no liability so forget it.
    • Jan6060
    • By Jan6060 6th Dec 17, 11:46 AM
    • 1 Posts
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    Jan6060
    Jan6060
    After waiting 3 months and been told your ppi is been looked at, now been told, all ppi before 2004 are on hold, apparently insurance company Santander use are not paying out, so if like me as mt claims go back to 2001 we all going to have a long wait don't know what to do about this.
    • EOP
    • By EOP 6th Dec 17, 12:05 PM
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    EOP
    Hi JAN6060
    Also spoke to them yesterday but they didn't actually say that the claims pre 2005 were on hold!!!! Doesn't seem fair somehow ....... previous claims pre 2005 have been Upheld!!!! GRRRR!!!
    • Deewm76
    • By Deewm76 6th Dec 17, 1:51 PM
    • 8 Posts
    • 4 Thanks
    Deewm76
    Just been been told (word for word) exactly the same as you (insurance company no longer paying out) and all store cards pre 2005 are on hold (FSA are aware)... Not Happy!!!
    • dunstonh
    • By dunstonh 6th Dec 17, 3:06 PM
    • 89,863 Posts
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    dunstonh
    Regulation started in January 2005. Whilst banks had an earlier body which means they have to consider earlier complaints, not all types of distribution did.

    Where a firm was not regulated prior to January 2005, they do not have to consider complaints about sales prior to that date.

    In a small number of cases, the underwriter could have liability. However, it would depend on a range of things and legal opinion. In most cases, the undewriter would not have liability.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. Different people have different needs and what is right for one person may not be for another. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
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