Santander ppi rejection because claim is time barred

wiggyjnr

So let me get this clear......

A customer of Alliance and Leicester who thinks they have been mis-sold PPI, writes to complain about this. Santander wrote back and say 'we sent you a letter with a fixed time period to respond' although that letter was never received. They 'prove' it by showing a blank letter template. The bank is absolutely 100% undisputedly correct and you don't have a claim????

My response would be this: 'I sent your letter back. Here's a blank copy to prove it'.

I'm helping a friend who was self-employed investigate his PPI claims. He has received a letter telling him about the supposed time-bar letter, and is absolutely adamant that he knows nothing of this. He wasn't even resident at the address they supposedly sent it to at the time they stated. Yes, I'm sure many people would simply say they haven't received this letter, but in this case he hasn't. Ever. Proof of postage exists for a reason in the UK. Court cases have been won and lost when the deciding factor is proof of postage. If Santander can PROVE they sent him a letter we would both accept that and give up. But they didn't and can't. What is more, they haven't got a copy of it, or any proof of postage. This whole thing STINKS!

Press on with your claims, I say.....

wiggyjnr

But they don't have ANY proof that they sent the letter, only that they said so?????

[Deleted User]

wiggyjnr wrote: »

But they don't have ANY proof that they sent the letter, only that they said so?????

Just as you have no proof that you didn't receive the letter!

Stalemate.

dunstonh

wiggyjnr wrote: »

But they don't have ANY proof that they sent the letter, only that they said so?????

They dont need to. A copy is deemed satisfactory.

dad_researcher

I currently have a complaint pending with Santander re two mis sold PPI Loans with Alliance and Leicester. I am dismayed to see that so many people on here have been denied their claim because Santander said they sent them letters asking them to reply if they felt they had been missold PPI and yet these customers didn't ever receive these letters. I am meticulous with answering my post and paperwork and have never, ever received any such letter. Is there anyone one who is investigating (Martin or any other financial journalist)whether Santander have just 'cottoned on' to a way of avoiding payments? They say they sent a letter or two, you didn't reply, so complaint is now time-barred, they are providing no proof except template copies of letters held on their system. It seems incredibly unfair not to mention even more underhand than the mis-selling itself. To clarify I haven't had a response from then yet, but after reading posts on here it l am fully intending to get told I was also sent one of these phantom letters.

magpiecottage

wiggyjnr wrote: »

He has received a letter telling him about the supposed time-bar letter, and is absolutely adamant that he knows nothing of this. He wasn't even resident at the address they supposedly sent it to at the time they stated.

That might actually be accepted by FOS as an "exceptional reason" why the timebar should not apply.

It might be worth pursuing at FOS. Get on with it, though because there is a further time limit six months after Santander's response.

Wong21

My wife had PPI added to 2 store cards she had and Santander are trying to use time barring as a defence as I have started a claim through the courts . If any body would like more information let me know and will gladly tell you were we are with the case and help if I can especially if we win !!! .

dunstonh

Wong21 wrote: »

My wife had PPI added to 2 store cards she had and Santander are trying to use time barring as a defence as I have started a claim through the courts . If any body would like more information let me know and will gladly tell you were we are with the case and help if I can especially if we win !!! .

Good luck but its a risky option. PPI court cases are rare and most fail. Mainly as PPI is not a legal issue but an FCA issue. Plus, the courts put a greater onus on you to prove wrongdoing.

Timebars exist in law. Is it the legal time bar or the FCA timebar that you are referring to?

roonaldo

Wong21 wrote: »

My wife had PPI added to 2 store cards she had and Santander are trying to use time barring as a defence as I have started a claim through the courts . If any body would like more information let me know and will gladly tell you were we are with the case and help if I can especially if we win !!! .

I'm not sure if you are aware but most cases fail in court. Be prepared to go to court with evidence to stand any chance. How was it mis-sold?

[Deleted User]

Wong21 wrote: »

. If any body would like more information let me know and will gladly tell you were we are with the case .

You've offered this "service" already
https://forums.moneysavingexpert.com/discussion/comment/65608426#Comment_65608426

You are not, perhaps, offering some kind of professional advice?

That would be very "wong" of you:D