Santander ppi rejection because claim is time barred

dunstonh

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 :-/

There is nothing wrong with having PPI. Most people have got it correctly and want to have it. (ignoring the opportunistic ones that wanted it but are now trying to get it back). So, a bank cannot cancel PPI for everyone because they have no right to.

The timebar letters are an invitation to complain if you feel you were mis-sold. Not a letter saying you were or that you should cancel.

The only hope you have got is if the timebar letter contains errors that would not allow the timebar to activated correctly. That has actually happened in the past. So, it is not impossible. However, the odds are low.

brown1950

dunstonh wrote: »

There is nothing wrong with having PPI. Most people have got it correctly and want to have it. (ignoring the opportunistic ones that wanted it but are now trying to get it back). So, a bank cannot cancel PPI for everyone because they have no right to.

The timebar letters are an invitation to complain if you feel you were mis-sold. Not a letter saying you were or that you should cancel.

The only hope you have got is if the timebar letter contains errors that would not allow the timebar to activated correctly. That has actually happened in the past. So, it is not impossible. However, the odds are low.

The timebar letters sent out by Sandander overrides the Limitation Act 1980 ? Please explain further.

Yumma_mama

Yea was payin until 2011, no letter didn't mention limitation act.

dunstonh

The timebar letters sent out by Sandander overrides the Limitation Act 1980 ? Please explain further.

Look it up yourself. It is in the FCA handbook Why do you think all these lenders are sending out CCLs? Not out of the goodness of their heart. It is to allow them to start the three year timebar clock (the 6 year one would is not normally activated as the three year one usually prevents it).

Yea was payin until 2011, no letter didn't mention limitation act.

it doesnt need to. The FCA 3 year/6 year timebar can be applied as long as the letter is compliant.

magpiecottage

brown1950 wrote: »

The timebar letters sent out by Sandander overrides the Limitation Act 1980 ? Please explain further.

The danger of a little knowledge.

The point is that a there is a near zero per cent record of complainants winning in court. It is only by complaining to FOS that success with PPI cases has a realistic chance of success. Those cases are dealt with under the Financial Services and Markets Act and therefore the rules of the Financial Conduct Authority - which only have a three year and six year time bar.

If a consumer instead tries to use the courts and loses (which generally happens) then they risk having costs awarded against them.

brown1950

magpiecottage wrote: »

The danger of a little knowledge.

The point is that a there is a near zero per cent record of complainants winning in court. It is only by complaining to FOS that success with PPI cases has a realistic chance of success. Those cases are dealt with under the Financial Services and Markets Act and therefore the rules of the Financial Conduct Authority - which only have a three year and six year time bar.

If a consumer instead tries to use the courts and loses (which generally happens) then they risk having costs awarded against them.

Claims brought in the Small Claims Court for actions under £10,000 will
not attract costs for losing an action apart from of course paying the original court fee !

dunstonh

brown1950 wrote: »

Claims brought in the Small Claims Court for actions under £10,000 will
not attract costs for losing an action apart from of course paying the original court fee !

They can request an award of small costs (typically a couple of hundred) and the case can be moved to the defendants local court which would likely see you suffer travel costs and possibly over night accommodation.

PinkyReed

I have an update on my case. It seems that the mere act of Santander claiming they sent me two letters, and showing the FOS blank templates of those letters - neither of which I received - is enough for a time bar to be upheld. Despite the fact that I am clearly not the only one who did not receive a single piece of correspondence from Santander about Alliance & Leicester PPI mis-selling. So I guess that's the end of the road for me. Not happy.

roonaldo

When you say you didnt receive it and they have proof they sent it, you actually mean I dont remember reading it. Lets be honest, you probably thought it was junk mail or something irrelevant so of course you don't remember.

Every single post in this forum where people have mentioned this letter being sent out and their complaint is time barred they say they never received it. I've sent out these letters myself in the past so they do indeed get sent out.

nomoney2014

Funny that! Because today I received a letter re my own complaint with Santander but also a reply to someone elses complaint with Santander no relation to me so mistakes do happen. I will be returning this to Santander so they can advise the relevant customer.