Claiming PPI but only 6 years?

Lindy777

I have attempted to claim PPI from Santander on a store card taken out in October 1998, and have been refused. I am considering using a claim firm to act for me. I have their paperwork to sign and send back, but upon reading the T&C's I see that they will request a full refund of all default PPI premiums charged for this account held over the past 6 years plus interest. Is anyone able to tell me why only 6 years when the card was in use together with PPI's being paid since 1998 please? I am new to this and have read as much as I can on this but I cant find an answer to this question.
Much appreciated
Lindy777

amersall

Do not use a company.
What were the reasons they gave for not upholding your complaint?,you can write back to the bank and ask them to reconsider,dont pay a % to any company for the cost of a letter.
Some only pay back to 6 years unless you have proof of ppi before this.

Did Santander say this was time barred due to the date this card was taken out?.

dunstonh

I am considering using a claim firm to act for me.

Why? Santander will receive a complaint using the same process you used and can link the two complaints together and refer the claims company to the original decision.

I see that they will request a full refund of all default PPI premiums charged for this account held over the past 6 years plus interest.

A request like that is pointless. The card issuer decides what they pay out and only if the complaint is successful.

Is anyone able to tell me why only 6 years when the card was in use together with PPI's being paid since 1998 please?

data protection means that many firms destroy old data after 6 years. However, for a claims company to use 6 years in their complaint suggests they are not very good at what they are doing as not all firms destroy after 6 years. Some go onto 10 years or longer.

What was your reason for refusal as that is the key thing here and that will be the case with a claims company if you use one. You could fire off 100 complaint letters posting in a 100 different post boxes but the Santander can link all 100 together and give you the same response each time.

tifo

dunstonh wrote: »

data protection means that many firms destroy old data after 6 years.

Not all.

Some still have the data but refuse to go back more than 6 years. This is because many people are not able to argue the limitation act and how it can be postponed, for example if the bank had misled the client or the customer could not reasonably have become aware of the bank's wrong doing. In cases of default charges, banks still say they are transparent and reasonable but the OFT in 2006 said they are not and are open to challenge. Similarly, the FSA recent ruling and the Judicial Review highlighted that many PPI policies may have been mis-sold. The 6 year limitation can be taken to start from the relevant information. Thus customers are within the limit and can reclaim, in court if required.

magpiecottage

tifo wrote: »

Some still have the data but refuse to go back more than 6 years.

How do you know that is true?

This is because many people are not able to argue the limitation act and how it can be postponed, for example if the bank had misled the client or the customer could not reasonably have become aware of the bank's wrong doing.

That is wrong. If the case falls within the jurisdiction of the Financial Ombudsman Service the rules say it must be within six years of the original advice or, if later, within three years of when they became aware or ought reasonably to have become aware, that they had cause for complaint.

It is not a case of "postponing" - it is reliance on a different rule.

In cases of default charges, banks still say they are transparent and reasonable but the OFT in 2006 said they are not and are open to challenge.

That is not relevant to this issue and the courts found in favour of the banks anyway.

Similarly, the FSA recent ruling and the Judicial Review highlighted that many PPI policies may have been mis-sold.

But that does not alter the time limits.

The 6 year limitation can be taken to start from the relevant information. Thus customers are within the limit and can reclaim, in court if required.

No - the limits I have outlined above apply. If you go to court, similar limits apply but you have to apply to the court within the time limits. In addition, if the policy was taken out more than 15 years ago, the firm normally has an absolute right to timebar it that is not allowed by FOS.

In the end, though, if no evidence of what you paid survives then they are not obliged to pay because you cannot prove a loss.

On the other hand if all the evidence DID survive it might show that the policy was not missold after all - in which case you would get nothing!

tifo

magpiecottage wrote:

How do you know that is true?

Because it's happened to me many times. Even recently with a PPI and charges claim on 4 accounts.

magpiecottage wrote:

That is not relevant to this issue and the courts found in favour of the banks anyway.

There has been no case of default charges so what court found in favour of banks? You are getting confused with overdraft charges on personal current accounts only.