Bank refused PPI claim but have paid it?

adzuturn

Hi,

Just a bit of advice. I kind of know what I should do but want to know where I stand. I submitted a claim for PPI to barclays and lo and behold I see they pay it into my account. A few days later I get a letter telling me they have rejected my claim because "3 years have passed from the date on which the customer became, or reasonably ought to have become, aware they had cause for complaint".

They are saying they wrote to me about my PPI policy on 13th sept 2013 and again on 9th nov 2013. They are saying this is grounds to not give me the money they conned me out of. And it was a genuine con. I remember telling them i didn't need it, and was convinced i didnt have it on a loan i took out. But then i found out they were sticking it on overdrafts, which is when I got in touch with a company to check it out. This is when I found out they HAD somehow put it on my loan.

Anyway, I have the money, and never remember getting either of those letters, I obviously have been aware of PPI but was unaware of the PPI overdraft aspect and also barclays time limit as I did not see these letters. I was in the process of moving at the time which I will be able to prove.

My instinct tells me to take the money out of my bank account and keep it untill they get in contact and then argue with them from there.

Where would I stand with that. They obviously know how much they owe me as they have paid it with a nice little note to tell me what its for. Am I asking for trouble if I refuse to give it them back.

Also, could I take it out quick tomorrow and claim I paid a cash debt to someone before i read the letter?

Many thanks

Adam

[Deleted User]

adzuturn wrote: »

Also, could I take it out quick tomorrow and claim I paid a cash debt to someone before i read the letter?

You can tell them whatever you want.

If it's an error and you're required to pay it back, you'll need to find it from somewhere or come to an arrangement.

I suggest you clarify what the deposit relates to.

[Deleted User]

adzuturn wrote: »

could I take it out quick tomorrow and claim I paid a cash debt to someone before i read the letter?

You could do this of course, but telling them you've spent the money wouldn't mean you no longer have to pay it back if it turns out to be a mistake.

Best advice is to leave well alone until you know it's definitely yours (or not).

dunstonh

They are saying this is grounds to not give me the money they conned me out of.

Nothing to do with legal timebarring then.

Am I asking for trouble if I refuse to give it them back.

Keeping money you know you are not legally entitled to is unlawful. They can take you to small claims court and you wouldnt have a leg to stand on.

Also, could I take it out quick tomorrow and claim I paid a cash debt to someone before i read the letter?

You mean, can you commit fraud?

adzuturn

Yes, legal timebarring, that gives them the right, not obliges them, to refuse to investigate my case. They obviously know how much they owe me because they put it in my acc.

I always feel so uplifted asking for financial advice...

And yes fraud sounds good against the bank who put PPI on my loan, when I remember telling them I didn't need it, and on my overdraft without making me aware. Gotta love them.

I think I'm gonna go to challenge it through the ombudsman anyway, its a significant amount of money for me. Thank you all for your advice to stay out of court :P

dunstonh

I think I'm gonna go to challenge it through the ombudsman anyway

If the timebar is valid, the FOS cannot and will not look at the complaint.

[Deleted User]

adzuturn wrote: »

I think I'm gonna go to challenge it through the ombudsman anyway

Don't spend the money in the meantime...