Abbey National/Santander rejection as over 6 years - way forward please ????

MickM9

Hi, my partner took out a mortgage in 1999/2000 with Abbey and was told she had to have insurance cover for unemployment as she was a single mother so there is no doubt she was mis-sold. She subsequently was paying round about the £50 per month mark for the insurance.

I have put a claim through for her using the usual forms and Santander have responded saying that thay wont uphold the complaint as there is nothing showing on their records. (This is a bit of a contradiction to what they say later)

After speaking to a guy in the PPI complaints department he said that I would have to speak to someone in "archives" and gave me the number, the person I spoke to there said that they didnt keep anything over 6 years old (which I find very hard to believe) and on returning to the PPI complaints team I was told that there was no way I could move forward with the case unless I could prove the payments were made.

Unfortunately my partner had a big clear out when we moved into our new house 7 years ago and stupidly threw out all of her old mortgage paperwork and bank statements so Ive no physical records to prove these payments went out.

So my question is, what options does that leave me, I cant believe that just because Santander say they dont keep records over 6 years it gives them a licence to say no to any claims over that age.

Is it worth my while complaining to the Financial Ombudsman as I dont feel Santander have done enough to investigate this claim fully, or will they just give them the same spiel, i.e, we have no record of PPI on this account so tough !!

Id really appreciate some guidance from anyone whose been down this route as its so frustrating knowing that this money has been paid unnecessarily but we cant claim it back.

Cheers
Mick

pooch

MickM9 wrote: »

Hi, my partner took out a mortgage in 1999/2000 with Abbey and was told she had to have insurance cover for unemployment as she was a single mother so there is no doubt she was mis-sold. She subsequently was paying round about the £50 per month mark for the insurance.

I have put a claim through for her using the usual forms and Santander have responded saying that thay wont uphold the complaint as there is nothing showing on their records. (This is a bit of a contradiction to what they say later)

After speaking to a guy in the PPI complaints department he said that I would have to speak to someone in "archives" and gave me the number, the person I spoke to there said that they didnt keep anything over 6 years old (which I find very hard to believe) and on returning to the PPI complaints team I was told that there was no way I could move forward with the case unless I could prove the payments were made.

Unfortunately my partner had a big clear out when we moved into our new house 7 years ago and stupidly threw out all of her old mortgage paperwork and bank statements so Ive no physical records to prove these payments went out.

So my question is, what options does that leave me, I cant believe that just because Santander say they dont keep records over 6 years it gives them a licence to say no to any claims over that age.

Is it worth my while complaining to the Financial Ombudsman as I dont feel Santander have done enough to investigate this claim fully, or will they just give them the same spiel, i.e, we have no record of PPI on this account so tough !!

Id really appreciate some guidance from anyone whose been down this route as its so frustrating knowing that this money has been paid unnecessarily but we cant claim it back.

Cheers
Mick

You opted not to keep the records. There is no obligation on the lender to keep records for so long.

How do you expect Santander to refund you if they don't have any evidence that you were both mis-sold the PPI originally and paid PPI?

MickM9

I understand what your saying, however, my point is they will have a record.

You can not tell me that a major financial institution does not keep detailed records of its transactions going back to the year dot !!

The fact is they WILL have evidence of these transactions but they are basically hiding behind the DPP 6 year ruling and rejecting the claim because they know damn well fine Ive got no other way of proving it.

(The reason she "opted" not to keep the records was because she had sold the house, paid off the mortgage and moved to another house, and like thousands of others of us believed that the banks wouldnt have actually lied to us and ripped us off for unneccesary insurance policies and that the piles of old statements and the like would never be needed!!)

So my original question was centred around whether it was worthwhile going down the ombudsman route in the hope that might give Santander a little more of a "push" to find the records as I dont believe Santander would be so cavalier with them.

pooch

MickM9 wrote: »

I understand what your saying, however, my point is they will have a record.

You can not tell me that a major financial institution does not keep detailed records of its transactions going back to the year dot !!

The fact is they WILL have evidence of these transactions but they are basically hiding behind the DPP 6 year ruling and rejecting the claim because they know damn well fine Ive got no other way of proving it.

(The reason she "opted" not to keep the records was because she had sold the house, paid off the mortgage and moved to another house, and like thousands of others of us believed that the banks wouldnt have actually lied to us and ripped us off for unneccesary insurance policies and that the piles of old statements and the like would never be needed!!)

So my original question was centred around whether it was worthwhile going down the ombudsman route in the hope that might give Santander a little more of a "push" to find the records as I dont believe Santander would be so cavalier with them.

Oh well, I'll leave you to it then...:cool:

[Deleted User]

MickM9 wrote: »

I find very hard to believe....Ive no physical records to prove these payments went out.....
I cant believe ....

MickM9 wrote: »

my point is they will have a record.



The fact is they WILL.... ..I dont believe Santander

pooch wrote: »

Oh well, I'll leave you to it then...:cool:

Pooch is right, mate, you're fighting a lost cause and you can choose to believe whatever you want, you still won't win unless you have documents from your personal archive.

burty8899

at the end of the day it costs companies money to store documents, wether it be digitally or stored in files, they will only keep things for as long as legally required and no longer (some companies keep longer than 6 years but not a lot) your talking about 12 years ago so if they say they have nothing i would believe them.

also MPPI has the least upheld complaints because as long as your not single, with a sole mortgage with no dependants its a good thing to have!

magpiecottage

MickM9 wrote: »

You can not tell me that a major financial institution does not keep detailed records of its transactions going back to the year dot !!

We CAN tell you. The problem is you do not believe it.

The fact is they WILL have evidence of these transactions.

He who asserts must prove. Where is your evidence of this "fact"?

they are basically hiding behind the DPP 6 year ruling

The fifth data protection principle says "Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes."

They are not "hiding behind" anything. If they ever had evidence then they no longer have it because the law says so.

(The reason she "opted" not to keep the records was because she had sold the house, paid off the mortgage and moved to another house

So you are complaining that the bank didn't keep its copies of records so you could prove an allegation against it after you had destroyed your own?

ripped us off for unneccesary insurance policies

Actually, mortgage payment protection insurance WAS (and is) considered necessary - so much so that the Mortgage Code Compliance Board actually advocated firms obtaining a disclaimer from borrowers who refused it.

The reality is that when you took your mortgage out if you had lost your income through illness or redundancy you would have received no state help for nine months. By that time, the lender would almost certainly have been forced to start possession proceedings against you. How would you have coped with finding yourself on the street at an already difficult time?

It is also worth pointing out that IF you had PPI (and there is no evidence that you did) then it may not have been sold by the lender and it would almost certainly not appear on the loan account.

So my original question was centred around whether it was worthwhile going down the ombudsman route in the hope that might give Santander a little more of a "push" to find the records as I dont believe Santander would be so cavalier with them.

FOS has received complaints about PPI where the complainant can produce no evidence and the firm says it can find no evidence of its own that it ever sold it.

In those circumstances, FOS will normally dismiss the case as frivolous and vexatious. If it does, then the firm may be able to recover its costs in dealing with it from the complainant.

So its your call - but, in the absence of any evidence apart from your irate posts here, a dismissal on those grounds would be my decision.

sydneybean

can she not ask for her old bank statements going back to the relevant year, it will have a reference number on it, i believe it does anyway, or am hoping so as i have just found i paid AN ppi too.

[Deleted User]

sydneybean wrote: »

can she not ask for her old bank statements going back to the relevant year, it will have a reference number on it, i believe it does anyway, or am hoping so as i have just found i paid AN ppi too.

Old bank statements will not be available for the period the Bank has no records for, of course, because the Bank have no records!

That's the whole point of this thread!


Your personal circumstances may be different if you paid PPI in the last six years. However, it's still not advisable to request Bank Statements because they cost as much as £10 for each.

sydneybean

Moneyineptitude wrote: »

Old bank statements will not be available for the period the Bank has no records for, of course, because the Bank have no records!

That's the whole point of this thread!


Your personal circumstances may be different if you paid PPI in the last six years. However, it's still not advisable to request Bank Statements because they cost as much as £10 for each.

sorry i presumed that the mortgage was held with a different bank from that which the payments were made from.