Santander REJECTION!!! HELP?

ripoffbanks01

hi all,

just had a letter regarding reclaiming back ppi off santander, unfortunatley they say i cant reclaim, here is a quick summary...

I had a debenhams card which i applied for in 1998 and still have the original credit agreement which clearly shows i DID NOT sign the purchase protection box, so wrote asking for a refund.......

Their response to my claim was that although I didnt sign the box, one of their agents rang me in 2001 and sold me the insurance over the phone.........(YEAH RIGHT) something i would never in a million years agree to do, the letter also claims that relevant papers were sent to me outlining T&Cs of this so called agreement!!!!!

2 things that keep going around my head is:-

A) IF I HAD BOUGHT THIS INSURANCE OVER THE PHONE (WHICH I KNOW I DIDN'T) SURELY THEY WOULD HAVE SENT ME SOME FORMS TO FILL IN AND SIGN AND RETURN TO THEM AGREEING TO THIS INSURANCE?????????
SO WHY HAVEN'T THEY SENT ME A COPY OF THIS IN THE REJECTION LETTER??????????

IF THIS PHONE CALL DID TAKE PLACE SHALL I ASK FOR A COPY OF THE CALL UNDER THE DATA PROTECTION ACT?????

WHAT YOU THINK???

amersall

Hi there, ask for a SAR this will cost £10, this will get you any info that relates to your dealings with them, specifically ask for the phone call as if they cannot prove this, you have the unticked ppi box on the agreement and you will be going to the FOS.
Also, you need to ask why if you did not originally want the ppi, why later did you take this after a telephone call?. So you would be intrigued as to what was said to you to make you change your mind?.
In fact before you request the info and maybe save yourself £10, ring them and tell them what i said and see what they say.

di3004

Hiya

I would be inclined to ask them to send you the written evidence of how they got the details on the conversation...or even a copy transcript of the phone call etc.

Tell them they must have these details to be told this and you would appreciate evidence of this.

So was that the final decision? if not then write back until you receive a response your satisfied with or until the final decision.

I am not sure if the FOS can help with this, but you could give them a call to make sure, they may suggest another avenue, ie: underwriter/insurer direction as they have done with others in a similar situation.

Good luck and keep at them.

ripoffbanks01

Hi both,

your responses to my dilemma are what i kinda thought, in the letter it does say its their final response but i find this totally unacceptable.
I am now gonna write a letter demanding evidence of the phone call and relevant paper work that was apparently they have sent me.

di3004

ripoffbanks01 wrote: »

Hi both,

your responses to my dilemma are what i kinda thought, in the letter it does say its their final response but i find this totally unacceptable.
I am now gonna write a letter demanding evidence of the phone call and relevant paper work that was apparently they have sent me.

Hiya
Yes go for it, fingers crossed, please keep us posted, cheers.

amersall

ripoffbanks01 wrote: »

Hi both,

your responses to my dilemma are what i kinda thought, in the letter it does say its their final response but i find this totally unacceptable.
I am now gonna write a letter demanding evidence of the phone call and relevant paper work that was apparently they have sent me.

Hi there, pass this to FOS put your reasons why you disagree.
From my experience they will not acknowledge you now as they have given you a final response, you will only waste time writing to them when it could be at FOS.
You could write just in case they answer but at least you will know.

ripoffbanks01

Hi,

Im gonna write a letter to santander because in my mind they are just trying to fob me off with bogus reasons, if they can't provide me with any evidence of me agreeing to this insurance then i will threaten them with the FOS. I really think this might do the trick. I don't believe they can supply any evidence as they would have sent me it with the rejection. Letter.

marshallka

ripoffbanks01 wrote: »

Hi,

Im gonna write a letter to santander because in my mind they are just trying to fob me off with bogus reasons, if they can't provide me with any evidence of me agreeing to this insurance then i will threaten them with the FOS. I really think this might do the trick. I don't believe they can supply any evidence as they would have sent me it with the rejection. Letter.

Sometimes if it does go to FOS and they still have no evidence FOS will agree with the firm on balance of probability if it is your word against theirs. I don't know how this works and to me it is biased to the banks but they do. It is annoying when this happens if you know something and yet the firm are stating otherwise and FOS listens to them.

Are there any other reasons you have for misselling that you have listed on your complaint?

roonaldo

telephone sales can be concluded over the phone with no documents signed, but they would have to ensure they sent you full details of the policy so you can make an informed choice.

the problem being is that the sale took place in 2001 and firms are not required to keep documents for more than 6 years, this rule is from the data protection act, I doubt they will have a copy of the call or many documents available.

there will be a lack of evidence, but doesnt meant the onus is on the firm to prove you agreed to it. I know from a FOS point of you (I worked there as a contractor last year), they will wonder if you didnt agree to, why did you pay it for years.

If they agreed to uphold your complaint and pay out, your next problem is that they probably wont have records of your PPI payments going back that far, so they will put the onus on you to prove you paid them, so get your statements handy if you still have them.

ripoffbanks01

Hi,

in response to ROONALDO i hear what you are saying but they have wrote to me and said that this so called telephone call took place in 2001 so that immediately says to me that they have the appropriate evidence to back this claims. Am i right in thinking that if they can't provide evidence of this sale or any paper work ie the agreement that santander would be inclined to pay back this money?

marshallka

ripoffbanks01 wrote: »

Hi,

in response to ROONALDO i hear what you are saying but they have wrote to me and said that this so called telephone call took place in 2001 so that immediately says to me that they have the appropriate evidence to back this claims. Am i right in thinking that if they can't provide evidence of this sale or any paper work ie the agreement that santander would be inclined to pay back this money?

They have to have something to back this up (whether it be a call or transcripts of the call) or they would not say it supposedly so yes, if they have stated this then you need to get this backed up in evidence by perhaps asking for this nicely (without charge!!). Or asking for a sar from them. This could take up to 40 days though but perhaps worth it so you have more ammunition if it has to go to FOS. There is also the thing that they also know you mean business and may change their stance.

As roonaldo says though they may not have lots for the SAR as this was in 2001 but they must have something if they are stating they know how it was sold to you.