Santander PPI Claim Rejected

I have just had a Store Card PPI complaint rejected by Santander (for a Principles Store Card opened in 1997).

They sent 2 letters - 1st says the claim against the insurer was rejected on the grounds that 1) I was in f/t employment so could have claimed if I needed to and 2) They have a copy of the agreement I signed and say its clear there was PPI included.

They say the claim against GE Money (now Santander) is not upheld as it is 'time-barred'
as more than 15 years passed between the PPI being taken out and the date I made the complaint.

Has anyone else had a similar response from Santander?

They haven't sent a copy of the agreement I signed so I can't see myself. Also, as part of reviewing this complaint, they contacted me and asked me details about any sick pay or redundancy pay I would have been entitled to. As a Civil Servant, I am entitled to 6 months full sick pay then 6 months half sick pay. There was also little chance of me being made redundant. I answered these questions but unfortunately have no proof.

Just wondering if anyone else has had a similar experience, or had a rejected claim subsequently upheld by by the ombudsman based on the same issues as me. Does anyone know if the sick pay point is worth pursuing with the ombudsman?

Thanks
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Comments

  • dunstonh
    dunstonh Posts: 116,040
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    1st says the claim against the insurer was rejected on the grounds that 1) I was in f/t employment so could have claimed if I needed to and 2) They have a copy of the agreement I signed and say its clear there was PPI included.

    Both points seem reasonably answered. point one confirms you were eligible. So, no reason to refund on that basis and the second point confirms you chose to have it.
    Also, as part of reviewing this complaint, they contacted me and asked me details about any sick pay or redundancy pay I would have been entitled to. As a Civil Servant, I am entitled to 6 months full sick pay then 6 months half sick pay. There was also little chance of me being made redundant. I answered these questions but unfortunately have no proof.

    You dont need proof as they will have the sick pay benefits on file for each major employer (and a lot of smaller ones). However, sick pay only really matters if its an advised case (not non-advised) or where the PPI would not pay out in addition to sick pay. So, if yours was non-advised (which is likely) and it pays out in addition to sick pay then the policy is still fine.

    Redundancy does not affect payouts on PPI. And lots of civil servants have been made redundant. You would have to police or a judge as they cannot be made redundant.
    Just wondering if anyone else has had a similar experience, or had a rejected claim subsequently upheld by by the ombudsman based on the same issues as me.

    Do you have access to the ombudsman? The 15 year timebar rule does not apply to FCA regulated cases. It can be used under the FLA I believe (hopefully someone who knows that side more will know and say). FLA cases dont get access to the FOS.
    Does anyone know if the sick pay point is worth pursuing with the ombudsman?
    Only if it was an advised case. I would expect Santander to mention that in their response.
    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.
  • nikkilou
    nikkilou Posts: 15
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    Thanks dunstonh

    Re the complaint against Santander (as opposed to the Insurance Co) they state "Your complaint against SCUKL has been assessed under the general legal principles (including time-bar) whereas the FCAs dispute resolution 'DISP' rules apply to your complaint against the Insurer.
    We consider your complaint against SCUKL is time barred because under general legal principles, you have 15 years from the point of sale of the PPI to bring a mis-selling claim against SCUKL"

    In the letter rejecting the complaint against the Insurer it gives me the details to take to FOS
  • Deewm76
    Deewm76 Posts: 23 Forumite
    can I ask when you submitted your claim? I have a claim going through at the moment and I have a feeling that mines is about to be rejected for the same reason. I submitted my claim in November for a store card taken out in 1997.
  • nikkilou
    nikkilou Posts: 15
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    I submitted the claim in September direct with Santander. I am surprised they found the account at all because I couldn't even remember what year I opened it (just knew it was late 90s).

    From the way I read their response, the time wouldn't be an issue when reviewing the complaint on behalf of the insurer. The time is only an issue when they were reviewing the complaint from their pov. I read it that whilst reviewing the claim against the insurer, if they had felt it was mis-sold they have upheld my complaint.

    I am going to direct complaint to FOS anyway - nothing to lose - and I genuinely feel as though the PPI would not have been clear on the paperwork and certainly not made obvious by the sales assistant. I was 18 back then - I am a lot wiser to these things now....
  • sun73
    sun73 Posts: 498
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    It might help to get hold of a copy of the credit agreement and ppi policy document from Santander as it will prove if you did select ppi at the time, or,if it was an opt out or pre ticked box. also you will see the name of the underwriter in the small print.

    Santander rejected my store card ppi complaint, so I referred it to Genworth who also rejected it but this gave me access to FOS, who later advised me to re-send the complaint to Financial Insurance Company Ltd (a subsidiary of Genworth now Axa) and it was eventually upheld. Hope this helps.
  • I received a letter from Santander re: a mortgage that I took out with Abbey in the early 2000's. The mortgage was ended 5 years ago and no paperwork remains with me, the property was sold during a divorce. However, the letter from Santander states 'whilst a PPI policy was added to your account to protect your payments, our records indicate that no PPI premiums have in fact been charged to the account since the policy was added.' Which begs the question as to why the policy was added if it was not then used ? Any ideas ? I will of course appeal to the Financial Ombudsman but I find their reply odd.
  • dunstonh
    dunstonh Posts: 116,040
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    I received a letter from Santander re: a mortgage that I took out with Abbey in the early 2000's. The mortgage was ended 5 years ago and no paperwork remains with me, the property was sold during a divorce. However, the letter from Santander states 'whilst a PPI policy was added to your account to protect your payments, our records indicate that no PPI premiums have in fact been charged to the account since the policy was added.' Which begs the question as to why the policy was added if it was not then used ? Any ideas ? I will of course appeal to the Financial Ombudsman but I find their reply odd.

    So, you have never paid any premiums but you are going to the FOS. Why?

    Maybe it was added and you changed your mind. Or it was set up to be in place but never activated. Or it was offered free for a period but never went beyond that.

    Whatever the reason, if you didnt pay premiums then there is nothing to refund.
    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
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    Ino PPI premiums have in fact been charged to the account since the policy was added.' I will of course appeal to the Financial Ombudsman .
    The Ombudsman won't (and can't) award you a "refund" of money you didn't pay.

    Don't waste any more time with this.
  • hilbil21
    hilbil21 Posts: 57
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    My husband has received an identical response this morning. Not sure whether to bother taking it any further or not.
  • dunstonh
    dunstonh Posts: 116,040
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    hilbil21 wrote: »
    My husband has received an identical response this morning. Not sure whether to bother taking it any further or not.

    And the same comments posted above apply to him

    If he didnt pay any premiums, then what is he expecting them to refund?
    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.
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