Santander ppi rejection because claim is time barred

Yumma_mama

That's so bad! A few others on here have said they never received the letters either, so we have to take there word for it! It's so bad anything to get out of not paying up!

magpiecottage

Yumma_mama wrote: »

That's so bad! A few others on here have said they never received the letters either, so we have to take there word for it! It's so bad anything to get out of not paying up!

The point is that is that, whilst some post may not get through, the vast majority does. So if they can persuade FOS it was sent - and to the correct address - then FOS will conclude that it is more likely than not that it was received.

brown1950

their is no time barred on ppi reclaims

it is when you became aware of the misselling that counts

if the ppi repayments are current then they are talking crap anyway

statute of limitations from six years since cause of action, or last time payment was made, not from inception of the ppi policy

As for the matter of the Limitation Act 1980, the company seems either deliberately or negligently to have overlooked the provisions of section 32 whereby :
the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.


Hence, the claim is not necessarily statute barred as Santander have averred.



Reply With Quote

-taff wrote: »

Nope.
Your complaint is over before it's begun....

Yumma_mama

Oh right so I could have a chance then? :-)

PeggyRob

I've complained to the FOS - I'm not holding my breath, but I think it's damn right disgraceful Alliance and Leicester/Santander are getting away with this, and other banks are tipping up the cash to their customers!

dunstonh

Oh right so I could have a chance then? :-)

Not if it has been timebarred correctly.

Yumma_mama

But I was paying back the loan until 2011 and if they so called sent these letters in 2009 about time barring etc why didn't they stop my ppi payments aswel?! As I was paying ppi until 2011. So surely they've contradicted themselves and was still happy to take the ppi payments even though they suposably sent these letters :-/

-taff

Yumma_mama wrote: »

Oh right so I could have a chance then? :-)

No. That's the trouble with posters who find a little bit of law and hang around a forum of nitwits [not this forum] they think it applies to everyone but all it does is give people false hope.

If they've already written to you to tell you it's timebarred, then they will tell the FOS the same thing if you go to them.

By all means try it, but don't hold out any hope.

magpiecottage

brown1950 wrote: »

their is no time barred on ppi reclaims

"there", not "their".

it is when you became aware of the misselling that counts

Or when the claimant reasonably ought to have become aware they have grounds for complaint.

statute of limitations from six years since cause of action, or last time payment was made, not from inception of the ppi policy

Presumably by this, you mean the Limitation Act 1980.

However, FOS will look at the DISP rules of the Financial Conduct Authority NOT the Limitation Act.

The period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.

For the reason I have just given, this will not help with a case taken to FOS.

In theory you could attempt to take the matter to court but the even when no time bar applies, the courts are finding in favour of respondents - i.e. that in law no wrongdoing has taken place.

In any event, the letter sent by Santander would be accepted by the court as evidence of knowledge and thus set the time limit running.

if the ppi repayments are current then they are talking crap anyway

That is incorrect because it is the original advice that is the issue, not the ongoing premiums.

So, I am afraid that they seem to be correct in their interpretation.

Therefore, I agree with -taff. By all means try FOS but don't hold your breath.

And remember that a court presents considerable risk and the track record for PPI complainants is not good.

brown1950

Yumma_mama wrote: »

But I was paying back the loan until 2011 and if they so called sent these letters in 2009 about time barring etc why didn't they stop my ppi payments aswel?! As I was paying ppi until 2011. So surely they've contradicted themselves and was still happy to take the ppi payments even though they suposably sent these letters :-/

So you were still paying the PPI premiums until 2011 and Santander say
you are time barred under the Limitation Act 1980 ?