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    • Sunshinekitten
    • By Sunshinekitten 15th Mar 17, 5:56 PM
    • 8Posts
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    Sunshinekitten
    Had PPI but can't go to Ombudsman
    • #1
    • 15th Mar 17, 5:56 PM
    Had PPI but can't go to Ombudsman 15th Mar 17 at 5:56 PM
    I used a company to try and claim my PPI as I have had PPI since 1997 until last year! However Santander refused my PPI claim and the company I was using to claim my PPI told me I could not go to the Ombudsman because Santander were not regulated at the time I took out the PPI, has anyone had a similar experience?
Page 1
    • Nasqueron
    • By Nasqueron 15th Mar 17, 6:13 PM
    • 4,179 Posts
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    Nasqueron
    • #2
    • 15th Mar 17, 6:13 PM
    • #2
    • 15th Mar 17, 6:13 PM
    I used a company to try and claim my PPI as I have had PPI since 1997 until last year! However Santander refused my PPI claim and the company I was using to claim my PPI told me I could not go to the Ombudsman because Santander were not regulated at the time I took out the PPI, has anyone had a similar experience?
    Originally posted by Sunshinekitten
    If it was santander and not say a shop store card then that would be unlikely (guessing that is the case as Santander were not operating in the UK that long ago!) if it was a store card then it is perfectly possible as regulation didn't start until 2005 so cases before regulation started cannot go to to the fos.
    • Sunshinekitten
    • By Sunshinekitten 15th Mar 17, 6:16 PM
    • 8 Posts
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    Sunshinekitten
    • #3
    • 15th Mar 17, 6:16 PM
    • #3
    • 15th Mar 17, 6:16 PM
    This is what the PPI claim company sent me
    Thank you for your recent email

    Santander have replied to our complaint letter and declined our reason for complaining.

    In these circumstances we would look to take the claim further to the Financial Ombudsman Service.

    However, The Financial Ombudsman Service will only look at complaints if the lender was regulated with them at the time of the account being taken out.

    Santander become regulated with the Financial Ombudsman on 01/09/2000. They have confirmed this account was taken in March of 2000, this therefore falls outside the Financial Ombudsman jurisdiction and unfortunately we are unable to take it any further
    • -taff
    • By -taff 16th Mar 17, 6:07 AM
    • 7,348 Posts
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    -taff
    • #4
    • 16th Mar 17, 6:07 AM
    • #4
    • 16th Mar 17, 6:07 AM
    Your next step [ or the companys next step since you will be paying them] is to complain to Genworth, the underwriter.
    They can also dismiss your complaint though so don't hold your breath.
    • Sunshinekitten
    • By Sunshinekitten 16th Mar 17, 8:39 AM
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    Sunshinekitten
    • #5
    • 16th Mar 17, 8:39 AM
    • #5
    • 16th Mar 17, 8:39 AM
    Due you think Pleavin will apply to this?
    • Nasqueron
    • By Nasqueron 16th Mar 17, 8:54 AM
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    Nasqueron
    • #6
    • 16th Mar 17, 8:54 AM
    • #6
    • 16th Mar 17, 8:54 AM
    Your next step [ or the companys next step since you will be paying them] is to complain to Genworth, the underwriter.
    They can also dismiss your complaint though so don't hold your breath.
    Originally posted by -taff
    -taff are Genworth the underwriters for Santander though? I asked about the store card element and OP has not said if it was a store card or not. I am surprised that Santander would just dismiss the issue as they would surely have been part of GISC before 2005 which makes it sound like store card if they are saying pre-regulation as they frequently pay out for store cards from the Arcadia group?

    I'd be half tempted to get it in writing they are no longer acting for the OP and then try and push it to Genworth and see whether they can get a payout - I imagine the CMC will still try and claim but you never know
    • Nasqueron
    • By Nasqueron 16th Mar 17, 8:55 AM
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    Nasqueron
    • #7
    • 16th Mar 17, 8:55 AM
    • #7
    • 16th Mar 17, 8:55 AM
    Due you think Pleavin will apply to this?
    Originally posted by Sunshinekitten
    Plevin may apply - if the commission on the sale was more than 50% but no guarantees. I'd try Genworth first
    • Sunshinekitten
    • By Sunshinekitten 16th Mar 17, 9:19 AM
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    Sunshinekitten
    • #8
    • 16th Mar 17, 9:19 AM
    • #8
    • 16th Mar 17, 9:19 AM
    Hi no it's not a store card if formed part of an endowment policy I took out with the 'then' Abbey National who became Santander
    • Nasqueron
    • By Nasqueron 16th Mar 17, 1:05 PM
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    Nasqueron
    • #9
    • 16th Mar 17, 1:05 PM
    • #9
    • 16th Mar 17, 1:05 PM
    Hopefully dunstonh will see this and respond as he's best qualified to answer this as I don't believe you can have PPI on endowments
    • Moneyineptitude
    • By Moneyineptitude 16th Mar 17, 1:17 PM
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    Moneyineptitude
    Hi no it's not a store card if formed part of an endowment policy I took out with the 'then' Abbey National who became Santander
    Originally posted by Sunshinekitten
    PPI was not available on endowments. This sounds like a "complaint" that failed at the first hurdle , but is being unnecessarily complicated by the issue of Santander not being "regulated" at the time.

    What exactly was your reason for complaint and why exactly was it refused? Did your claims company not explain that there was no PPI?
    • dunstonh
    • By dunstonh 16th Mar 17, 1:28 PM
    • 89,519 Posts
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    dunstonh
    As mentioned higher up by my esteemed fellow posters, you cannot have PPI on an endowment.

    Abbey National never had an own brand endowment. They were agents for insurers for most of the post 1988 period but prior to that, they often used local broker/adviser firms and it would be them that carry the liability.

    I used a company to try and claim my PPI as I have had PPI since 1997 until last year!
    This does not make sense. As endowments cannot have PPI as part of them, how can you have been paying it since 1997?
    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 a Financial Adviser local to you.
    • macca1974
    • By macca1974 16th Mar 17, 4:29 PM
    • 213 Posts
    • 185 Thanks
    macca1974
    didn't endowments used to have "waiver of premium"? or was that just pensions? Not PPI I know but that might be what is being referred to.
    • dunstonh
    • By dunstonh 16th Mar 17, 5:08 PM
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    dunstonh
    didn't endowments used to have "waiver of premium"? or was that just pensions? Not PPI I know but that might be what is being referred to.
    Originally posted by macca1974
    Yep. Waiver of premium and critical illness cover were the two bolt on options for endowments. As you say, not PPI.
    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 a Financial Adviser local to you.
    • Sunshinekitten
    • By Sunshinekitten 16th Mar 17, 6:50 PM
    • 8 Posts
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    Sunshinekitten
    Yes it definitely Mortgage payment protection insurance I had as I am looking at the paperwork now.and I paid £22.64 1/1/200 right up until last year. The bank wrote to me giving me a full explanation why I was refused a refund but it just seemed like jargon to me to avoid paying.
    • Moneyineptitude
    • By Moneyineptitude 16th Mar 17, 6:53 PM
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    Moneyineptitude
    The bank wrote to me giving me a full explanation why I was refused a refund but it just seemed like jargon to me to avoid paying.
    Originally posted by Sunshinekitten
    It might be useful if you posted exactly what that "jargon" reply was...
    No need to post any personal information, just the rejection reasons.

    I thought you had an Endowment?
    • dunstonh
    • By dunstonh 16th Mar 17, 7:02 PM
    • 89,519 Posts
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    dunstonh
    Yes it definitely Mortgage payment protection insurance I had as I am looking at the paperwork now.and I paid £22.64 1/1/200 right up until last year.
    in post#8 you said it was an endowment policy.

    The bank wrote to me giving me a full explanation why I was refused a refund but it just seemed like jargon to me to avoid paying.
    Most MPPI is rejected. Its one of two types of PPI where most complaints fail. They do not use jargon in their responses. They take your reasons for complaint and reply as to why they are rejecting those and the complaint overall. That "jargon" is important as it tells you everything you need to know.
    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 a Financial Adviser local to you.
    • Sunshinekitten
    • By Sunshinekitten 16th Mar 17, 7:03 PM
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    Sunshinekitten
    Yes also definitely had an endowment policy too. It basically said it wasn't miss sold it was paid separately to my mortgage and as I had a one on one meeting it would have been fully explained to me at the time. It said I worked more than 16 hours and that I had no pre-existing medical condition, therefore i would have been paid out if I was unable to pay my mortgage was the crux of it. Also that is was never a requirement to take out payment care.
    • Moneyineptitude
    • By Moneyineptitude 16th Mar 17, 7:14 PM
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    Moneyineptitude
    Yes also definitely had an endowment policy too.
    Originally posted by Sunshinekitten
    That won't have had PPI.

    It basically said it wasn't miss sold it was paid separately to my mortgage and as I had a one on one meeting it would have been fully explained to me at the time. It said I worked more than 16 hours and that I had no pre-existing medical condition, therefore i would have been paid out if I was unable to pay my mortgage was the crux of it. Also that is was never a requirement to take out payment care.
    Originally posted by Sunshinekitten
    Seems like a pretty comprehensive rejection, stating that you were eligible for the policy, that it was set up and explained correctly and that you had the option to refuse it. Basically, it is saying why you were NOT mis-sold and it's not simply "jargon" at all.

    Nothing you have stated indicates that the complaint would fare any better at the Ombudsman, but I'm still unable to understand why the Claims Company said it was pre-regulation and so could not be referred.
    • Sunshinekitten
    • By Sunshinekitten 16th Mar 17, 7:27 PM
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    Sunshinekitten
    the thing is I worked for the NHS at the time and I had been with them since 1992 so if made redundant I would have got a good pay out. Equally my Mum had been diagnosed with breast cancer in 1999 and Abbey had told when I got the mortgage I would not be able to get critical illness cover because of this, at the time I was outraged, I already had a critical illness policy with them which had to kept at the balance of my previous mortgage as they said because my Mum had been diagnosed it could herididtory. Therefore I wonder if the PPI would have paid out if I had to claim because of a similar condition if it arose?
    • Moneyineptitude
    • By Moneyineptitude 16th Mar 17, 7:55 PM
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    Moneyineptitude
    the thing is I worked for the NHS at the time and I had been with them since 1992 so if made redundant I would have got a good pay out.
    Originally posted by Sunshinekitten
    No redundancy payment is ever guaranteed. This is not a valid complaint reason.

    Therefore I wonder if the PPI would have paid out if I had to claim because of a similar condition if it arose?
    Originally posted by Sunshinekitten
    A possible hereditary condition is NOT the same as a pre-existing one.

    I'd let this one go if I were you. Your Claims Management Company already has.
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