PPI claim rejected by Santander

Nasqueron

BartyBoy wrote: »

With the underwriter, what can they do for me please?

The reason I asked is because I have another PPI claim that the company who sold me the policy would not take the responsibility of the mis-sold. I then found out who was the underwriter and I contacted them, but they told me to complain to the original company which sold me the policy instead, so I am like running in a circle here.

Many thanks

PPI miss-sale is the issue - the key word being SALE

Whoever sold you the policy did it wrong. As such the underwriter has no liability at all for the sale, however with store cards, Genworth have been paying out for complaints rejected by Santander (rightly as Santander didn't sell you the policy).

With this it would be worth trying Genworth as the FOS are likely to agree with Santander that it's pre-regulation and they have no liability

-taff

Mersey wrote: »

Incidentally, I stated Santander > FOS > Genworth is currently proving to be the successful route

Well, you shouldn't be advising they use the FOS anyway, as pre regulation can't be dealt with by the FOS.

So you should have advised

Santander - Genworth.


But OP, Genworth do not have to take responsibility for the sale either. If there was a section on your application form that dealt with GE Money, they're more likely to.

[Deleted User]

BartyBoy wrote: »

I contacted GE Money and they referred me to Santandar.

-taff wrote: »

Genworth do not have to take responsibility for the sale either. If there was a section on your application form that dealt with GE Money, they're more likely to.

OP has already complained to GE Money.


This really is going around in circles now...

-taff

Not really. Just emphasising for certain posters that sometimes, it really is pre regulation and no liability so forget it.

Jan6060

After waiting 3 months and been told your ppi is been looked at, now been told, all ppi before 2004 are on hold, apparently insurance company Santander use are not paying out, so if like me as mt claims go back to 2001 we all going to have a long wait don't know what to do about this.

EOP

Hi JAN6060
Also spoke to them yesterday but they didn't actually say that the claims pre 2005 were on hold!!!! Doesn't seem fair somehow ....... previous claims pre 2005 have been Upheld!!!! GRRRR!!!

Deewm76

Just been been told (word for word) exactly the same as you (insurance company no longer paying out) and all store cards pre 2005 are on hold (FSA are aware)... Not Happy!!!

dunstonh

Regulation started in January 2005. Whilst banks had an earlier body which means they have to consider earlier complaints, not all types of distribution did.

Where a firm was not regulated prior to January 2005, they do not have to consider complaints about sales prior to that date.

In a small number of cases, the underwriter could have liability. However, it would depend on a range of things and legal opinion. In most cases, the undewriter would not have liability.

swin2006

I have this morning spoken to Santander regarding a miss sold PPI claim, they advised me that the complaint is not being upheld because it was suitable for me at the time it was taken out, what do i need to do now to contest this? It was taken out in a Mothercare store back in 2002, feel like they are just trying to fob me off.

dunstonh

I have this morning spoken to Santander regarding a miss sold PPI claim, they advised me that the complaint is not being upheld because it was suitable for me at the time it was taken out, what do i need to do now to contest this?

This basically means they are confirming that you were eligible under the policy and that you could have claimed on it had you suffered a claimable event. So, it eliminates a lot of complaint reasons.

feel like they are just trying to fob me off.

It doesn't sound like that to me. It sounds like they have assessed your complaint and cannot find any failure and are not upholding your complaint.

You don't say what your complaint was or what evidence you have to support your complaint. However, we know from Santanders response that suitability is not an issue. It also suggests that you gave no evidence to support your allegations and there was nothing at their end to support your allegations.

Card PPI complaint success is around the 50% mark nowadays.

You can refer your complaint to the FOS. However, do be aware that suitability is one of the key areas in complaints that lack any evidence of failure.