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Santander A&L Loan PPI rejection.

Hi everyone and anyone. Can you help?
Santander have just rejected a PPI claim of mine, based on an Alliance & Leicester letter they advise was sent in May2009 which I have no record of.

They cannot provide me with a copy of this letter and I have all my records back to 1999 . I do not have it. so have now requested a SAR.
I do not know how I can prove I did not receive something but at the same time A&L cannot prove that they sent it.

Whilst I continued to own my house, we lived in rented accommodation for a contract in Portsmouth 2008-2011 after coming back from a contract in France (2006-08) and had mail re-directed each time. It could have gone astray as a lot of mail did during address changes 2006-20011

Either way "Is there the remotest chance of anyone out there having such a copy that I can get?"
Its a Generic letter addressed to Dear Customer , dated May 2009.apparently

According to Forum posts is says something like :-
a) the FSA has identified problems with our payment protection insurance (PPI) sales process for unsecured loans recommended on an advised basis through our telephone sales channel between 14 january 2005 and 31 december 2007
b) you need to review your policies and your situation .if you think you are affected by the issues covered in this letter . contact us immediately
c) depending on your circumstances you could be entitled to a refund
d) any PPI currently in place on which a refund is paid would be cancelled and the protection you have on that policy lost

I have loans pre-dating these advised dates (1999-2005) anyway, which have also been rejected under the same claim (Santander aggregated them) so I need evidence to at least pursue the earlier ones
.
They are pointing me at FOS now...

Any help in tracking a copy down would be appreciated.
I can be contacted on ppiclaim4@bowley.it if someone can send a scanned pdf or similar.
Any advice on this would also be appreciated.
Thanks in anticipation
jtm

Comments

  • Nasqueron
    Nasqueron Posts: 11,327 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You don't need a copy of the letter for the latter complaints, you need to prove you didn't get it as you are making the claim, they can show they have sent it and that is sufficient. Post is deemed delivered 2 days after it is sent first class so they have time barred it and the FOS will simply check it was done correctly and then most likely agree with the bank

    However, you should ring them and ask about the loans from 1999 onwards as they would obviously not be affected by sales in 2005 and they seem to have made a mistake in that matter. Speak to the FOS as well so you can avoid the 6 month referral time bar

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • dunstonh
    dunstonh Posts: 121,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I do not know how I can prove I did not receive something but at the same time A&L cannot prove that they sent it.

    They are not required to prove they sent it. They are required to have the date they posted it and a copy of the template used should the regulator ask to see it.

    Santander are known to have sent out these timebar letters in the past.
    They are pointing me at FOS now...
    Which means as far as Santander are concerned, its over. The FOS will not be allowed to look at it if the timebar is valid. So, the first thing the FOS will do is check the timebar. If they agree it is valid, its game over.
    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.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    I do not have it. so have now requested a SAR.
    This will be a waste of £10.
    You already know they have a record of having sent the letter as they've told you so!

    Your only hope would be if FOS were to find that the timebar is not valid for some reason...
  • Applied for SAR before they notified me but it can take 40 days and still waiting.
    Surely the Time bar does not apply to the earlier loans 1999-2005?
  • dunstonh
    dunstonh Posts: 121,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The timebar will refer to any loan/product mentioned in the timebar letter.
    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.
  • Alas
    how am I expected to know what it said when Santander cannot provide a copy of the letter.
    That is the very reason for my post!
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    how am I expected to know what it said when Santander cannot provide a copy of the letter.
    The answer is still the same and can only be answered by the Bank if you no longer have a copy of the letter. The Bank will have a copy of the template used and this will be all the regulator requires.
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