Santander SCULK Time-Barred??
Fancyette
Posts: 6 Forumite
Please could someone help me as my parents have received a letter from Santander CONFIRMING PPI was added to their GE Money cards on 19 April 2003 (both accounts) however their complaint has not been upheld as SCUKL is time-barred because under general legal principles they have 15 years from the point of sale of the PPI to bring a mis-selling claim at Court agianst SCUKL.
What can my parents do & how can they reclaim the PPI back they paid?
They are 80 & 70 years old so did not know what PPI was about all those years ago.
What can my parents do & how can they reclaim the PPI back they paid?
They are 80 & 70 years old so did not know what PPI was about all those years ago.
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All you can do is send the request to FOS to confirm if the time bar is valid. If it is then you are out of luck.
Do note, nobody "reclaims" PPI, you complain it was miss-sold and see what they say. Someone who is 55/65 is perfectly entitled to take out insurance cover if they wish to. If they were of sound mind and signed up to it, their age has no bearing on the complaint0 -
They weren't 80 and 70 in 2003 though and as long they were working, then their age has no relevance.They are 80 & 70 years old so did not know what PPI was about all those years ago.
Different if they were already retired in which case the insurance would have been no use.
Regardless, your complaint now hinges on whether the time bar is correct. Refer to the Ombudsman.0 -
Sorry, I didn't mean to confuse anyone by their ages now. What I meant was they are 80 & 70 years old now & not sure what to do about the letter they have received.
I think the Ombudsman is the next step & thank you for your responses.0 -
If its pre-regulation then and falls under different rules then the FOS cannot look at it. However, it is worth trying that but be aware that FOS may say its outside of remit. There is no 15 year rule in respect of FCA/FOS. There is in law though.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.0
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I'm just waiting on a Santander response regarding a Dorothy Perkins card. It's coming into the eighth week and they did request some further info from me which I provided. Im told its now in the final stage of the investigation and a letter should go out next week. I'm wondering from reading this however if they're simply going to say the same as my account was opened in 1997. Would they have not said this straight off? Not sure why that'd take seven weeks.0
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They have eight weeks to consider your complaint.I'm wondering from reading this however if they're simply going to say the same as my account was opened in 1997. Would they have not said this straight off? Not sure why that'd take seven weeks.
That's how long they will take whether your complaint is successful or not.
You need to understand that, although every complaint is looked at by a complaint handler, there is no one sifting out easy rejections at the outset.
You don't really think anyone looks at a complaint for eight weeks?
The overwhelming majority of the time taken is just the time taken in the queue. Even a complex complaint might take up a few hours at most ...
So, the fact that you still haven't heard is not cause for optimism or pessimism I'm afraid.0 -
Moneyineptitude wrote: »They have eight weeks to consider your complaint.
That's how long they will take whether your complaint is successful or not.
You need to understand that, although every complaint is looked at by a complaint handler, there is no one sifting out easy rejections at the outset.
You don't really think anyone looks at a complaint for eight weeks?
The overwhelming majority of the time taken is just the time taken in the queue. Even a complex complaint might take up a few hours at most ...
So, the fact that you still haven't heard is not cause for optimism or pessimism I'm afraid.
Ok thank you. No, I do appreciate that much of the eight weeks is just queuing. It was more with them having asked for some extra details around my employment situation at the time and a pre existing medical condition. That was around a month ago so they must have assessed it to some stage then. I know I'm just being impatient!! I only have next week, assuming they don't need extra time, so I'll wait and see and let you know the outcome. Thanks for the advice
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Sorry, I didn't mean to confuse anyone by their ages now. What I meant was they are 80 & 70 years old now & not sure what to do about the letter they have received.
I think the Ombudsman is the next step & thank you for your responses.
There isn't any confusion. You said they took out the cover in 2003, 15 years ago, so they would have been 65 and 55 years old, respectively, at the time. The fact they are 80 and 70 now has no relevance to the complaint - all that matters is the situation at the point of sale - someone who is 65 (hell, someone who is 80) can take out insurance cover if they wish to so long as it would cover them0 -
They requested that evidence so that the case handler looking at your case will have all the pertinent information in front of him or her. As I said earlier, no one sifts through in advance looking for easy rejections.It was more with them having asked for some extra details around my employment situation at the time and a pre existing medical condition. That was around a month ago so they must have assessed it to some stage then.
Generally speaking, the only early results are where the bank has made an auto payment without any investigation. That only happens when the amount in question falls below the Bank's floor limit for auto-payment.
So no news may be good (or bad) news
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Very, very happy to report that Santander are upholding my complaint. I wasn't expecting that from what I'd read generally in relation to historic store card complaints. So not time barred, despite the account being opened in 1997, the PPI being cancelled in 2007 and the account closed 2017. I'm really quite shocked but very pleased! I don't think I'll quite believe this one until the money is sitting in my account. Thank you for all the advice and accounts of experiences.0
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