PPI Reclaiming Discussion Part 5

Insider101

nfishergate1 wrote: »

Hi this is a first time for me but here goes
I settled a claim about 4 years ago with Santander for ppi on my mortgage had about £2500 back from them signed a letter to accept can I reclaim ?

Unlike Nasqueron, I am reading this to mean that you made a complaint about the product 4 years ago and were made an offer of redress which you signed an acceptance form to confirm you accepted (this would have been a full and final settlement).

That being the case I don't know what you want to "reclaim"? You've already had a full refund. Even if you hadn't, if you have signed a legal disclaimer accepting the offer, you can't then go back asking for more.

If I have misunderstood and Nasqueron's interpretation is correct then please let me know.

nfishergate1

Yes mate spot on ,its ok just thought I was missing out on something.
thanks much appreciated

Nasqueron

fairchi44 wrote: »

I had the same letter from Santander last week , my circumstances were similar to yours, Monsoon card opened in 2003 and closed in 2010. and after months of correspondence gave up on the claim . Luckily I kept all the documentation ( my claim was 4 years ago) so I've sent it to them . Will be interesting to see what happens to each of our claims and I can't help but thinking they are hoping we would have given up after such a time lapse and destroyed everything and will use that as their excuse . They should have all your details so I would write to them - I'm sure the clever people on here will give you advice .
Good luck and see what happens x

The issues that are causing delays and refusals here are nothing to do with evasion etc just material facts

Santander did not sell you anything, they bought a business from a company that also did not sell you anything (the sale was done by the store) - thus neither technically are responsible for miss-selling as they didn't sell

The store cards taken out before 2005 did not come under regulation - you can't retrospectively introduce a law and then apply it to the past activities when the law wasn't in place

When Santander bought the business from GE any accounts that were closed and paid off would not have been brought over to the new business because obviously what is the point?

Lastly, the DPA requires firms to delete information that is considered no longer useful (e.g. for a customer who has no business with them any more) - the guideline is to destroy after 6 years.

As such, that Santander has decided to look again at cases is a bonus for you as they have no liability for miss-selling you

Insider101

nfishergate1 wrote: »

Yes mate spot on ,its ok just thought I was missing out on something.
thanks much appreciated

That being the case then unfortunately not. Might be worth asking if you did get a full refund but it would have been at that time and should have explained in your decision letter?

kennyb41

Hi
I have 5 cards I could claim ppi on, but after a car accident and depression I fell on hard times and ended up in debt on them,if I was successful in claiming ppi would the money just go on paying what I ended up owing on the cards?


Many thanks to whoever kindly responds.

Nasqueron

kennyb41 wrote: »

Hi
I have 5 cards I could claim ppi on, but after a car accident and depression I fell on hard times and ended up in debt on them,if I was successful in claiming ppi would the money just go on paying what I ended up owing on the cards?


Many thanks to whoever kindly responds.

Potentially yes, depends on where the debt resides and your situation (e.g. if just in debt, IVA, bankrupt etc) - you would get any extra though - ever statute barred debts can be offset

kennyb41

Thanks for replying,
I have read somewhere though (maybe on here,not sure) that there is a way you can still receive your payout if it has caused hardship,i think it's a road I will have to go down myself as no reclaim firms will take me on,but could do with advice from anyone that was successful down this route.
Btw I'm not in bankruptcy (yet!) nor do I have an iva,I just have the wolves at the door the people who bought the debt from the cards.

Stoutp

I have applied for PPI 3 times. Halifax have always stated no ppi as I have not been be to provide account numbers. I went through a company who have just informed me Halifax have 6 accounts with ppi. I can complete the forms authorising them to follow this up where they will take 30% I still have no account numbers or any details would you suggest I stick with the claim company or try again with Halifax on my own.

Nasqueron

Stoutp wrote: »

I have applied for PPI 3 times. Halifax have always stated no ppi as I have not been be to provide account numbers. I went through a company who have just informed me Halifax have 6 accounts with ppi. I can complete the forms authorising them to follow this up where they will take 30% I still have no account numbers or any details would you suggest I stick with the claim company or try again with Halifax on my own.

More than likely the CMC will bill you for the work done already

I am curious though as you say you could complete the forms to use them to complain about PPI (so implies you have not actually engaged them yet) and yet they are confident you have PPI on 6 accounts.

You should explain in detail what you have done so far.

I would suspect either the CMC are lying to tempt you to use them or they for some reason did a DSAR and got all your records (which they could only do with your authority) - in which case you have already started using them.

Do note also, it is a complaint, not a claim and simply having it isn't a miss-sale

Stoutp

Hi yes I thought I had already started with them however all I did was give them permission to look into my account re ppi. I don't think they are lying as they have informed me other accounts have no ppi. The letter clearly states if I wish to prove miss sold ppi myself I should seek advice. I had not previously signed anything in regards to agreeing their fees or contract.