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    • titusbungle
    • By titusbungle 10th Jul 18, 4:58 PM
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    titusbungle
    Rejected PPI - Reasons and Time Barred?
    • #1
    • 10th Jul 18, 4:58 PM
    Rejected PPI - Reasons and Time Barred? 10th Jul 18 at 4:58 PM
    Hi,
    My wife has had a PPI claim rejected by Santander for 2 store cards that she opened in 2002 and 2003. She didn't know that store cards were even being considered until a few weeks ago when in conversation she said about these cards, she knew that she'd had PPI on them as they'd told her that if she didn't then the applications would be rejected.

    Anyhow, the letter received yesterday listed both decisions and stated a number of reasons which we dispute
    -"There are grounds to conclude that you would have bought the policy in any event". Not true!
    -"I can confirm that it has never been a requirement to take out a PPI policy for an account application to be accepted" We know that now!
    -"Sufficient information was provided at the point of sale to allow you to make an informed decision whether or not to add PPI." Definitely not - the sales assistant didn't ask / explain anything

    All of the above we can object / raise with the Ombudsman, where we are struggling are that they attached an extra two pages.
    "In relation to your TopShop card... time-barred... you have six years from the point of sale" plus it also states "in addition you have three years from the date that you knew or ought to have known following "relevant knowledge"."
    It then states "In relation to your Dorothy Perkins account.... time-barred.... you have fifteen years from the point of sale"

    The TopShop card was September 2003 and the DP card was December 2002.

    Does anyone have any further knowledge or understanding regarding the time-barred issue?
Page 1
    • Nasqueron
    • By Nasqueron 10th Jul 18, 5:14 PM
    • 5,979 Posts
    • 3,617 Thanks
    Nasqueron
    • #2
    • 10th Jul 18, 5:14 PM
    • #2
    • 10th Jul 18, 5:14 PM

    Anyhow, the letter received yesterday listed both decisions and stated a number of reasons which we dispute
    -"There are grounds to conclude that you would have bought the policy in any event". Not true!
    Originally posted by titusbungle
    How can you prove this? What if she wanted the policy at the time?


    -"Sufficient information was provided at the point of sale to allow you to make an informed decision whether or not to add PPI." Definitely not - the sales assistant didn't ask / explain anything
    Originally posted by titusbungle
    Can you prove this?

    Realistically you are talking about he said/she said complaints which usually fail without evidence or another failing being identified.


    All of the above we can object / raise with the Ombudsman, where we are struggling are that they attached an extra two pages.
    "In relation to your TopShop card... time-barred... you have six years from the point of sale" plus it also states "in addition you have three years from the date that you knew or ought to have known following "relevant knowledge"."
    It then states "In relation to your Dorothy Perkins account.... time-barred.... you have fifteen years from the point of sale"

    The TopShop card was September 2003 and the DP card was December 2002.

    Does anyone have any further knowledge or understanding regarding the time-barred issue?
    Originally posted by titusbungle
    If the time bar has been correctly applied then there is nothing you can do, this is a legal status - 6 years from point of sale and 3 years from being reasonably aware of a need to complain (such as them writing you a letter inviting you to complain). The 15 year rule has started cropping up in the Santander paperwork, it is a separate legal issue.
    • dunstonh
    • By dunstonh 10th Jul 18, 5:22 PM
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    dunstonh
    • #3
    • 10th Jul 18, 5:22 PM
    • #3
    • 10th Jul 18, 5:22 PM
    -"There are grounds to conclude that you would have bought the policy in any event". Not true!
    it may or may not be true but that doesnt matter. It is a reasonable guess. This phrasing matches FOS phrasing. it usually gets used when there are no identifiable failings. It is just a statement.

    -"Sufficient information was provided at the point of sale to allow you to make an informed decision whether or not to add PPI." Definitely not - the sales assistant didn't ask / explain anything
    They probably didnt have to when these were bought. Insurance regulation started in Jan 2005 and the requirements before that were very low. That said, they still have to verify you are eligible and it appears they have done this.

    All of the above we can object / raise with the Ombudsman
    You can and the FOS may agree with you. However, nothing you have said suggests anything wrong with the rejection reasons. So, unless you have additional information or evidence, be prepared for the FOS to reject as well.

    Does anyone have any further knowledge or understanding regarding the time-barred issue?
    As described above.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
    • titusbungle
    • By titusbungle 10th Jul 18, 5:25 PM
    • 51 Posts
    • 9 Thanks
    titusbungle
    • #4
    • 10th Jul 18, 5:25 PM
    • #4
    • 10th Jul 18, 5:25 PM
    Why are the time-bar periods different?

    "In relation to your TopShop card... time-barred... you have six years from the point of sale" plus it also states "in addition you have three years from the date that you knew or ought to have known following "relevant knowledge"."
    It then states "In relation to your Dorothy Perkins account.... time-barred.... you have fifteen years from the point of sale"

    The TopShop card was September 2003 and the DP card was December 2002.
    • Moneyineptitude
    • By Moneyineptitude 10th Jul 18, 5:30 PM
    • 22,474 Posts
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    Moneyineptitude
    • #5
    • 10th Jul 18, 5:30 PM
    • #5
    • 10th Jul 18, 5:30 PM
    They must have evidence that you were told about the possibility of being mis-sold, but only for one of the cards. Did they send a letter perhaps ?
    • titusbungle
    • By titusbungle 10th Jul 18, 5:32 PM
    • 51 Posts
    • 9 Thanks
    titusbungle
    • #6
    • 10th Jul 18, 5:32 PM
    • #6
    • 10th Jul 18, 5:32 PM
    They must have evidence that you were told about the possibility of being mis-sold, but only for one of the cards. Did they send a letter perhaps ?
    Originally posted by Moneyineptitude
    Not that they have stated or that we remember? :-(
    • Moneyineptitude
    • By Moneyineptitude 10th Jul 18, 7:54 PM
    • 22,474 Posts
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    Moneyineptitude
    • #7
    • 10th Jul 18, 7:54 PM
    • #7
    • 10th Jul 18, 7:54 PM
    Not that they have stated or that we remember? :-(
    Originally posted by titusbungle
    Unfortunately, not remembering such a letter will not mean it was never sent.
    • Nasqueron
    • By Nasqueron 11th Jul 18, 9:17 AM
    • 5,979 Posts
    • 3,617 Thanks
    Nasqueron
    • #8
    • 11th Jul 18, 9:17 AM
    • #8
    • 11th Jul 18, 9:17 AM
    A letter inviting you to complain (if they can prove it was sent) is sufficient to trigger a time bar
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