A&L/ Santander refusing to investagte PPI claim

[leicesterlad]

Hi

 

My wife has tried to claim for ppi from a loan that ended in June 2007.

 

She has recieved a letter today stating that the case has now been closed because they wrote to her in 2009

to say she might be entitled to something if she contacted them,

which she never did as she was unaware she had payment protection.

as the restructured loan did not have any ppi attached to it.

 

They are now saying because its been over 3 years since they wrote to her and she did not respond it has now been time barred and the case has been closed.

 

Any advice on where to go next?

[dx100uk]

really?

 

can you scan up the letter please

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[leicesterlad]

think this has worked?

[Mike_hawk]

Lol, since when did disp overcome statute?

 

Reply with a request for a final response so that you can either progress via the fos or civil court.

 

Perhaps also ask it for a "full and complete" copy of the undertaking it refers to.

[leicesterlad]

Lol, since when did disp overcome statute?

 

Reply with a request for a final response so that you can either progress via the fos or civil court.

 

Perhaps also ask it for a "full and complete" copy of the undertaking it refers to.

 

Sorry whats a disp

[Mike_hawk]

Fsa handbook, posting from my phone so responses tend to be a little short in content.

 

Can't post links but i'm sure a quick google will help.

[dx100uk]

http://www.moneybright.co.uk/news/867/fsa-ppi-ccl-guidelines.html

[dx100uk]

So the lender is hiding behind FSA guidelines and so fos probably won't take up the case on that basis.

Howver, the lenders letter admits they they have found errors with regard to the mis-sale.

To me that would be an admission of mis-selling so a court action using 32(1)©

should be easier as he already has an admission of mis-selling by the bank.

 

also satans bank sent out the letter BEFORE the fsa guidelines were in place.

 

 

http://www.fsa.gov.uk/static/pubs/guidance/gc12-04.pdf

[leicesterlad]

So reading the 2 links you have put up. because they wrote to my wife in 2009 and we did nothing about it we can no longer make a claim?

 

I remember her getting the letter and checking her current loan and it did not have ppi so we did nothing. It was only down to having a clear out we found an old settlement letter with a statement showing she did previously have ppi.

[Mike_hawk]

Why would anyone acknowledge receipt of a letter which could cloud the cause of action.

 

Unless it was signed for on receipt i'd be inclined to refer to 6 year limitation and insist on its final response. Wouldn't entertain playing with fsa guidance, the bank will only use it to delay and obfuscate.

Edited March 5, 2013 by Mike_hawk

[leicesterlad]

Ok so any idea What my next response should be?

[Mike_hawk]

I'd go with a bemused response 'what letter?' and punt its final response (if/when it replies) off to the fos complete with questionnaire.

 

Do you have all the data you need to calculate redress?

[leicesterlad]

No how can I get the data

[dx100uk]

So reading the 2 links you have put up. because they wrote to my wife in 2009 and we did nothing about it we can no longer make a claim?

 

I remember her getting the letter and checking her current loan and it did not have ppi so we did nothing. It was only down to having a clear out we found an old settlement letter with a statement showing she did previously have ppi.

 

you can make a claim

 

they sent the letter out BEFORE those guidelines were published.

 

dx

[Mike_hawk]

Sar, but as usual i can't post u a link from my phone.

 

Have a look at the library section or click on the hi lited sar text and it should point you in the right direction.

[dx100uk]

just click the sar underlined in black

 

dx

[leicesterlad]

Ok many thanks I will type up a response and post it here first then send it with an sar.

[leicesterlad]

So this is my response to their Letter what do you think?

 

Dear xxxxxxxxxx

 

Thank you for you recent correspondence regarding my payment protection policy complaint.

 

After receiving the letter from you back in 2009, I contacted you to enquire whether I had any payment protection on my loan and I was told I did not. This was because the loan had been refinanced. So I took no further action.

 

Firstly I would like to draw your attention to the second to last paragraph, where it states:

 

“If we have not heard from you by (response date) we will assume that you are satisfied with your policy. Please note that this does not affect your right to raise any concerns at a later date.”

 

Now this does not mention anywhere that I only have 3 years or it will be “time barred”. It clearly says at a later date. This is because FSA guidelines about contacting customers regarding the miss selling of PPI did not come into force until 2010 so the “time Bar you mention would not cover the letter from 2009.

 

Secondly I would like to draw your attention to the statute of limitations

which as I am sure you are aware has no bearing on PPI, as the clock does not tick until i am aware of the 'mistake'

 

. The loan account number xxxxx refinanced by XXXXXXXX had outstanding ppi so i expect further rolloover interest & sec 69 int until loan 2 was settled.

 

Based on the two points raised above I would like you to reconsider your decision and refund all outstanding money including 8% interest.

 

I have also enclosed a subject access request and a cheque for £10

 

 

 

Yours sincerely

 

 

 

 

 

Mrs Leicesterlad

[dx100uk]

Secondly I would like to draw your attention to the statute of limitations which as I am sure you are aware has no bearing on PPI, as the clock does not tick until i am aware of the 'mistake'

 

 

you say you loan was refinanced too?

 

dx

[leicesterlad]

The loan was refinanced in 2007 without ppi

[dx100uk]

dont matter the ppi would still have rolledover into the new loan unless you got a rebate

 

dx

[leicesterlad]

dont matter the ppi would still have rolledover into the new loan unless you got a rebate

 

dx

 

When they refinanced it they set up a new loan without ppi and paid off the old one. We have a settlement letter that shows a rebate of ppi.

[dx100uk]

but what the new loan paid off, contained PPI

 

so unless you had a rebate of PPI when the refinance took place

it DOES have PPI.

 

can i suggest you look at link 1 below.

 

dx

[leicesterlad]

Ah ok I see.

 

As regards the response letter what do you think?

[dx100uk]

adapted the post for you

 

dx