Santander time-barred response.

hunter74

Hi,

Last week sent documentation to Santander in form of a template letter and proof of ppi applications and forms from around 2005. My mother who is not the sharpest of tools had a letter from Alliance and Leicester back in 2008 stating that they might have mis-sold ppi.

Had a response from them saying as she had not responded to the letter/s and could refute this claim as it was "a reasonable time limit".

Am I correct in thinking that it is not worth bothering to send to the Ombudsman?

Cheers

Ade

dunstonh

The regulator guidelines say that you have 6 years from the start date or three years from being reasonably aware of a problem to raise a complaint. The 6 year rule rarely gets applied as you need to satisfy the three year one. A 2008 notification that she may have been mis-sold would be well outside the 3 year guideline. So, assuming the time bar letter is clear, you would expect the FOS to enforce it.

roonaldo

Alliance and Leicester were fined in 2008 for mis-selling PPI. As a result of this they wrote to customers inviting them to complain as PPI may have been mis-sold.

As this is almost 5 years ago now, it is over 3 years from your mother having knowledge and over 6 years from the event of the sale. Im afraid FOS would mostly likely to be reinforce the decision to time bar.

Many companies have done this and still sending out letters now inviting people to complain and this will enable them to time bar complaints in the future.

sun73

What if they were mitigating circumstances which might have prevented a complaint being made within the time limits? Did Alliance and Leicester mention this to your mother?

[Deleted User]

sun73 wrote: »

What if they were mitigating circumstances which might have prevented a complaint being made within the time limits?

What "mitigating circumstances" would last for so many years?

sun73

The effects of a bereavement can last a long time, so can severe illness. A complaint of mine which had exceeded the time limit was waived on these grounds.


Also, if the OP's mother is of an advanced age, she may struggle with everyday matters and require help which could be taken into consideration by the bank or FOS.

hunter74

Thank you all for your responses, very much appreciated. She/we have received a letter from Santander today saying they are looking into a mortgage ppi policy which my mother has with them so hopefully something will come of this.

I think there is not point with the others because just a waste of time and they couldn't do much more than send out 2letters and if she couldn't be bothered to reply to them it will serve her a lesson maybe.

Cheers

Ade