No ppi claim due to time since policy concluded?

Digital_Dan

On the 23rd August I sent a letter to reclaim mis-sold PPI to a national retailer in connection with a loan related to a purchase made in 2009.

This is the reply I received:

Dear Digital Dan

We have received your claim for mis-sold PPI in relation to account 123456789.

We believe that any claim you may have against us (which is denied) would be out of time as any claim must be brought within 6 years of when the policy was concluded/terminated.


The XYZ Group acquired Retail Sales Ltd in 2005 and we have no records relating to the account you are referring.

In the circumstances, we do not intend to respond further

Are the comments in bold regarding any claim having to be made within 6 years of the policy was concluded/terminated correct?

If not, what is my next move? Reporting this to the Ombudsman?

Should I be concerned about the fact that they say they have no records relating to the account?

Thanks

[Deleted User]

If they have no records - and more importantly, if you don't either - there is nothing to pursue.

BoGoF

I"d be more concerned if they still held my data beyond DPA/GDPR requirements.

Even if Ombudsman over rule on the 6 year time limit if neither you nor they have any records then any complaint is going nowhere.

SonOf

That does not sound like a normal complaint rejection. None of the usual text you would see is there. Have you summarised what they have written or are those the only words?

If not, what is my next move? Reporting this to the Ombudsman?

Do they give you that option?

The 6 year timebar doesnt exist in isolation. It is a 3 year and 6 year rule and both need to be satisfied to allow the timebar to be valid. It is 6 years from the commencement of the policy or 3 years from being reasonably aware of an issue. With PPI, the FCA specified that there must be documentary evidence of a letter issued to a defined standard (inviting you to complain) to allow the 3 year timebar to be triggered.

So, the timebar they have quoted is incorrect as its not 6 years from the end but 6 years from commencement and there is no reference to the 3 year rule.

The response sounds wrong. The timebar quoted is wrong. The fact they bought the company in 2005 is irrelevant to a sale made in 2009. Is this company still FCA regulated?

Did you actually have PPI? By 2009, most distributions had pulled out of the bad types of PPI.
Do you have any evidence of this because they are saying they have none. If neither side has any evidence there was PPI then it doesnt matter if their response is garbled rubbish as the lack of evidence PPI existed in the first place means your complaint can never be upheld.

Digital_Dan

Thanks for your responses - much appreciated.

After a quick look, I couldn't locate the original paperwork.

I'll have another look (my 'filing' system isn't the world's best!) and if I do manage to locate the paperwork, is the claim still worth pursuing or should I just give it up as a lost cause?

Thanks.

-taff

Post the rejection letter with salient details removed. We need more information.

Digital_Dan

-taff wrote: »

Post the rejection letter with salient details removed. We need more information.

I posted the letter in its entirety other than changing my name, account number and the name of the retailer.

The purchase (fitted kitchen and appliances so quite a big purchase) was from Wickes.

According to the rejection letter they were acquired by the Travis Perkins Group.

Hope that helps.

[Deleted User]

Digital_Dan wrote: »

The purchase (fitted kitchen and appliances so quite a big purchase) was from Wickes.

I doubt Wickes were retailing PPI as late as 2009 I'm afraid. The major Banks had all stopped offering it on loans and credit cards by that date.

While the response letter has clearly been bungled by referring wrongly to a time bar, the fact they have no records is likely irrelevant if you didn't even have any PPI.

Digital_Dan wrote: »

I couldn't locate the original paperwork.

So you made a "complaint" based only on the hope that you had PPI? Why didn't you search out your documentation prior to complaining?

If neither you nor they have any evidence of PPI this complaint is now concluded and there is nothing more you can do..

SonOf

Wickes Building Supplies Limited became regulated on 29th October 2015.

Wickes Building Supplies Plc became regulated on 12th September 2008 and ceased on 20th April 2010.

Wickes Ltd became regulated on 4th September 2007 and ceased on 29th April 2008.

Which Wickes did you complain to and which responded?

Digital_Dan

Moneyineptitude wrote: »

I don't think Wickes were retailing PPI as late as 2009.

While the response letter has clearly been bungled by referring wrongly to a time bar, the fact they have no records is likely irrelevant if you didn't even have any PPI.

Thank you.

Having, or not having PPI is an assumption until the documentation is found. Would the fact that the retailer has no documentation be relevant IF I do have PPI?

Moneyineptitude wrote: »

So you made a "complaint" based only on the hope that you had PPI? Why didn't you search out your documentation prior to complaining?

Did I say that I only had 'hope' that I had PPI? I don't think I did.

As to why I didn't search for out my documentation earlier, I'm not sure how that this relevant to answering my question. Why do you ask?

Moneyineptitude wrote: »

If neither you nor they have any evidence of PPI this complaint is now concluded.

Thank you.

Digital_Dan

SonOf wrote: »

Wickes Building Supplies Limited became regulated on 29th October 2015.

Wickes Building Supplies Plc became regulated on 12th September 2008 and ceased on 20th April 2010.

Wickes Ltd became regulated on 4th September 2007 and ceased on 29th April 2008.

Which Wickes did you complain to and which responded?

I sent my letter to Wickes Building Supplies Ltd in Hertfordshire.

The letterhead of the reply letter just has a logo saying 'Wickes Let's do It Right' with two addresses at the foot of the letter - one for Wickes Building Supplies Ltd and the other for https://www.wickes.co.uk registered office address.

Both are in Northampton but are different addresses.