Santander says my claim is time barred?

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Hello,

I think I have a large ppi claim with Santander for a "Beneficial Bank" card I had years ago, I actually have all my statements which show the PPI Being paid monthly. I filled in the questionnaire and sent it off to them; they replied and said they sent me a letter years ago asking if I wished to complain about my ppi (enclosed a copy of alleged letter) and because I didn't respond then they have assumed I was happy and therefore will not entertain my recent claim. I don't remember receiving this letter; my record keeping is excellent so I am pretty sure I never received it.

Can anyone advise if I might have a case for the ombudsman?

Thank you in advance

Comments

  • dunstonh
    dunstonh Posts: 116,661 Forumite
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    Can anyone advise if I might have a case for the ombudsman?

    If the letter is correctly addressed and you lived at that address at the time then that is a valid time bar. Santander did write to people and their timebar letters have been accepted as valid by the FOS.

    The FOS cannot look at the case if the time bar is valid.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
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    Did you receive the letter ?
    I do Contracts, all day every day.
  • magpiecottage
    magpiecottage Posts: 9,241 Forumite
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    Did you receive the letter ?
    A claim not to have received the letter will not normally help.

    FOS will look at the balance of probability.

    If the bank can produce a copy of the letter it is almost certain that the original was produced as well because there would be no point in writing a letter and not printing it.

    If the original was printed there would be no reason not to send it.

    If the letter was sent then, if the address is correct it almost certainly got delivered.

    If we assumed even that just 90% of letters of which a copy can be produced were actually printed, just 90% of these printed were actually sent and 90% of those actually sent reached their destination, that comes to:

    90% × 90% × 90% = 65.61%.

    FOS will assess whether it is more likely than not that the letter was received. So the OP needs the figure to be 50% or less.

    They are entitled to ask FOS but the prospect does not look good.
  • antrobus
    antrobus Posts: 17,386 Forumite
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    Here is an example of someone who had their PPI claim rejected by Santander on the grounds that it is was time barred and took it to the FOS. The FOS sided with Santander.


    http://forums.moneysavingexpert.com/showthread.php?t=4914792
  • miller
    miller Posts: 1,631 Forumite
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    A claim not to have received the letter will not normally help.

    FOS will look at the balance of probability.

    If the bank can produce a copy of the letter it is almost certain that the original was produced as well because there would be no point in writing a letter and not printing it.

    If the original was printed there would be no reason not to send it.

    If the letter was sent then, if the address is correct it almost certainly got delivered.

    In recent times I have had 2 FOS claims turned down because of the "lost in the post" excuse. 2 letters from 1 firm apparently went missing and the other (maturity instructions form for a fixed rate bond) had quite serious consequenses because they then miss keyed the account number when provided separately.

    Quite frankly, it's strange how all the other post turns up. I want to know exactly what "proof" these firms provide the FOS with. If it was a till receipt from the Post Office (like an individual might get when requesting proof of posting) then I might believe it was actually posted. Financial firms don't exactly have the greatest reputation for playing with a straight bat.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    miller wrote: »

    Quite frankly, it's strange how all the other post turns up. I want to know exactly what "proof" these firms provide the FOS with. If it was a till receipt from the Post Office (like an individual might get when requesting proof of posting) then I might believe it was actually posted. Financial firms don't exactly have the greatest reputation for playing with a straight bat.
    I'm afraid without any solid evidence to back up your allegations, these will remain simply conspiracy theories.

    I suggest you forget about this and move on...
  • magpiecottage
    magpiecottage Posts: 9,241 Forumite
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    You can always make a Freedom of Information request to FOS for details of the proof that is required.

    However, a business sending thousands of letters in a day will use a centralised post room with franking facilities.

    It is not expected to have employees trot off down to the Post Office each day to get individual proofs of posting.
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