Santander cards - ppi reclaim on Evans card...

delicateone

I've had an Evans card for years (and I mean YEARS!), and a claim was made for ppi. They have said no to this claim.

What I'd really like to know is do they make a habit of this? Is it worth going ahead with the appeal? I took this card out in a shop, I'm sure I wasn't asked about or explained to about ppi, and I've always been in work with sick pay and so on.

I'm a bit downhearted, to say the least

[Deleted User]

delicateone wrote: »

Is it worth going ahead with the appeal?

Until you tell us the basis of your complaint, the date it was taken out (regulation only started in 2005) and exactly why the Bank declined your concerns, we can't begin to properly give advice.

caravanlady

I also had a card since 2000 and I submitted a claim to santander which has been rejected on the grounds that they have no way of knowing what happened instore in 2000. They also say that a policy summary and document would have been sent to me with a 30 day window to cancel the policy. In addition my policy was upgraded in 2003 and again I would have been sent a policy document. The ppi cover has also been shown on my statements. They sent me a copy of my agreement from 2000.
I do not remember ppi ever being discussed/explained or being in receipt of any documents. I did not require ppi as I was in employment which would have paid me in any eventuality for the duration of the ppi.
I have gone to the ombudsman who have said that they cannot deal with my claim as Santander sold me ppi prior to 2005 and were not members of the GISC and MCCB at that time and are looking for the name of the underwriter to assess if a complaint can be set up. I am confused what to do next.:)

magpiecottage

Abbey National PLC (which is what Santander UK PLC was in 2000) was a member of the Building Societies Ombudsman scheme - a forerunner to FOS. (Abbey National was, by then, a bank but it had been a building society and never changed to the banking ombudsman).

However, Santander/Abbey National did not originally operate the Evans card and FOS can only consider a complaint if whoever operated the card at the time subscribed to an Ombudsman or other scheme which it (FOS) has now been given responsibility for. In 2000 the GISC code was not in existence, so that will not apply. The MCCB was the Mortgage Code Compliance Board. The Mortgage Code DID exist in 2000 but a credit card is not a mortgage.

Unless the person selling a policy worked for, or was an appointed representative of, the underwriter then the underwriter has no responsibility for the sale - and thus for any misselling.

Since the concept of an Appointed Representative only applied to life assurance and investments until 2004, an underwriter cannot be liable for the sale of a PPI policy in 2000 unless the underwriter subscribed to the GISC code at the time but whoever sold the policy did not (because that would amount to a breach of the code by the underwriter).

The underwriter cannot have subscribed to the GISC code in 2000 because it did not exist until the following year.

So I am afraid your complaint will founder.

caravanlady

thanks Magpie Cottage for your helpful reply the Evans card was operated by GE money from 2000-2006 then Santander took over - can I write to GE money as they provided the card or don't they exist any more. The person who sold me the PPI was a store assistant in Evans

magpiecottage

GE Money did not subscribe to an Ombudsman or similar scheme in 2000 - so it is unlikely you would get anywhere, I'm afraid.