Santander ppi rejection because claim is time barred

jillcob

Hi all, I have been trying to find an answer to my question in this and other forums but I think this must be a rare one. I hope one of you can help.

I have recently made a ppi complaint to Santander about an Alliance and Leicester loan I took out in October 2006 and paid back by April 2011. I took the loan out over the phone and the A&L employee pretty much pressured me into taking out the insurance and the loan was also front-loaded with ppi.
The reason why I am claiming so late is quite frankly that I was unaware that I may have been missold ppi. It was only after a ppi claims company called me (no, I didn’t use them) when I started to investigate and once I was sure, I made a complaint last week.

I have received a letter from Santander today claiming that my complaint cannot be upheld because:
a) I should have complained within 6 years of the loan or
b) – and this one baffles me – within 3 years of receiving the 2 ppi complaint letters I was sent by Alliance and Leicester in 2009

Now, first of all, I did not receive any letter from A&L. I am pretty good with my paperwork and doubt that I would oversee a letter, let alone two, from the bank I was still paying off a loan with. I have not moved house so there is no issue with my address.
Santander enclosed copies of the letter that had allegedly been sent to me. The letter stated that they had identified problems with the sale of ppi and to call them on a Freephone number. The second letter was supposed to have been sent 2 weeks after the first one and contaioned the same information.

Santander also enclosed a leaflet for the Ombudsman but stated that, as my complaint is time barred, the Ombudsman may not be able to deal with it.

Now, I am not quite sure what to do. Has anyone else had a similar thing happening to them? Is it worth writing to the Ombudsman or does time barred mean that there is no point?


Thank you very much in advance to anyone who can shed some light on this.

Alpine_Star

Take it to the Ombudsman. They have complete discretion on whether to accept complaints that banks deem as time barred.

magpiecottage

Alpine_Star wrote: »

Take it to the Ombudsman. They have complete discretion on whether to accept complaints that banks deem as time barred.

That is not strictly true.

There are two circumstances in which an Ombudsman can overturn a time bar. The first is if there are exceptional circumstances, such as a bereavement that prevented the complaint being submitted sooner.

The second is that the individual knew, or ought reasonably to have known, that they had cause for complaint.

The Ombudsman only has discretion if (s)he believes one of those two exceptions applies.

However, it seems odd that Santander has attempted a time bar without providing copies of the letters it supposedly sent you.

Alpine_Star

magpiecottage wrote: »

That is not strictly true.

There are two circumstances in which an Ombudsman can overturn a time bar. The first is if there are exceptional circumstances, such as a bereavement that prevented the complaint being submitted sooner.

The second is that the individual knew, or ought reasonably to have known, that they had cause for complaint.

The Ombudsman only has discretion if (s)he believes one of those two exceptions applies.

It is srictly true because one of the two considerations you listed will necessarily apply to all complaints that a bank deems time barred.

jellie

I think Santander are correct in applying the 6 and 3 year rules. They can provide copies of letters they say they sent to you in 2009. You didn't complain within 3 years of these letters, so they have rightly time barred you.

It could ultimately come down to your word against Santander, and you would be arguing a negative, ie you didn't get the letters in 2009. It is worth taking it to the FOS though, as they may well ask Santander to deal with it anyway and they can then argue amongst themselves about it.

DrSqueeze

I would start by advising Santander that you didn't receive their letters, therefore were not aware in 2009 of the issues. The huge amount of publicity since early 2011 has been a major prompt for many people to complain.

Secondly, I think it strange that they would genuinely have sent identical letters two weeks apart. To me, that starts to sound more like a failed print run being repeated. Copies can be stored electronically without the paper versions ever leaving a printer.

My suggestion would be: Step one: ask them to reconsider. Step two: Ombudsman.

Out of interest, what are the actual dates on their 2009 letters? And what date did you make your complaint?

robcdavidson

Hi jillcob

Did you ever get anywhere with this only the exact same thing has happened to me?

Cazzad_2

Hi Jillcob,

I don't understand why Santander refused your claim.

I contacted them in February 2012, with one loan I had in 2002 and in Apr'12 they paid out on 2 loans, the other was back in 1997 and these were loans with Alliance and Leicester. Go to the FOS.

dunstonh

It is srictly true because one of the two considerations you listed will necessarily apply to all complaints that a bank deems time barred.

The FOS likes the timebar activation to be started on something concrete. Such as a letter. It doesnt put much or any weight on media articles. If there are letters then its potentially a strong time bar (providing they are written to standards). If there are no letters then the timebar will almost certainly fail.

I don't understand why Santander refused your claim.

I contacted them in February 2012, with one loan I had in 2002 and in Apr'12 they paid out on 2 loans, the other was back in 1997 and these were loans with Alliance and Leicester. Go to the FOS.

Your circumstances are different. The complaint was rejected as the OP had previously been advised (according to Santander) that they had PPI and could complain in 2009. The 3 year/6 year timebar rule can be applied in those cases (providing the notification is up to standard).

PeggyRob

Jillcob, the exact same thing has happened to me, I also took the loan in 2006 and was pressured to take the insurance.

I too have received the same documentation regarding time barr etc ... I'm just wondering if you have an update, or if anyone has any further advise?

Should I contact Santander? If so, whats the best thing to say etc?

[Deleted User]

PeggyRob wrote: »

Jillcob,... I'm just wondering if you have an update,

Jillcob never returned to the site after December 2012.