Santander PPI Claim Rejected by Ombudsman

haliskid

I have been claiming PPI for 3 loans - (2 x Alliance & Leicester and 1 x Santander) which all were rejected by Santander saying it was due to it being time barred because of a so called letter sent out in 2009 which i didn't receive and i hadn't responded to.Went to FOS and they took it up and had a phone call today from FOS asking various questions and then they said they cannot continue with complaint as Santander have provided proof of the letter being sent to me! so i am time barred etc (santander did send me a letter of proof with no name address etc - standard template thingy.) Is this the final say on the matter, i am so grrr about this

[Deleted User]

haliskid wrote: »

Is this the final say on the matter,

Pretty final I'd say. If FOS and the Bank have rejected your complaint then who is there left to refer it to?

haliskid

Exactly, but it seems the bank decides on the outcome and thats it!

[Deleted User]

haliskid wrote: »

Exactly, but it seems the bank decides on the outcome and thats it!

No, the Bank decides and then if you remain dissatisfied, FOS adjudicates.
You have not been successful, but plenty of people have been..

sun73

Can Santander prove you actually received the letter, was it sent by recorded delivery? Can you explain in more detail about the no name, address, standard template thingy?

[Deleted User]

sun73 wrote: »

Can Santander prove you actually received the letter, was it sent by recorded delivery?

FOS accept proof of postage as proof of receipt (from either side).

sun73 wrote: »

Can you explain in more detail about the no name, address, standard template thingy?

It just means the Bank sent a copy of the letter which they sent to numerous people. They don't have to keep an original addressed copy for each customer.

This kind of time-barring will become more and more the norm in future, it's the main reason Banks are sending CCLs in the first place.

sun73

If Santander have told FOS they've sent the original letter, doesn't this indicate there might be a record on their systems of what date it was issued and to which address it was posted to? I'd check with the bank to confirm.

[Deleted User]

sun73 wrote: »

If Santander have told FOS they've sent the original letter, doesn't this indicate there might be a record on their systems of what date it was issued and to which address it was posted to?

Yes, the FOS have indicated that the Bank have proof of posting and know that it was sent in 2009. The address won't have to be the correct one unless the OP updated his details with the Bank and it was subsequently sent to a former address.

haliskid wrote: »

Santander have provided proof of the letter being sent to me!

Seems pretty conclusive to me.

sun73

Unless the OP had an open and active account with the bank there would be no reason to update the address details.

[Deleted User]

sun73 wrote: »

Unless the OP had an open and active account with the bank there would be no reason to update the address details.

…and so, presumably, no obligation on the part of the Bank to check the address was correct then?

dunstonh

Exactly, but it seems the bank decides on the outcome and thats it!

In part that is correct. It is up to the bank whether they decide to apply the time bar or not. The FOS can only decide if the time bar is fair or not.

Can Santander prove you actually received the letter, was it sent by recorded delivery? Can you explain in more detail about the no name, address, standard template thingy?

They dont need to. A copy of the template letter sent would suffice. These things are automated so they could give a copy to the FOS along with date it was sent. It will be assumed it will be received.

Whilst the OP may not recall receiving it, this was in the early days of PPI reclaiming. So, its possible the OP received it but didnt realise its importance. Or just didnt care (no judgement there but many people just take little notice of their post).