One PPI claim suceeded but one mis-sold claim refused as time barred.

[Its WAR]

Santander offer of £100 arrived today for mis sold PPI for a Burtons card, but same envelope contained rejection of GE Money which was also mis sold.

They claim statute barred as I did not claim early.

 

They argue I was mis sold the policy more than six years ago and had three years within which to bring a claim from the date I knew or should have had relevant knowledge of the mis selling.

 

They claim I would have had relevant knowledge by 2012 because such knowledge was widely available at that time, so the three years to bring the claim ended in 2015.

I should  not have waited until 2019.

 

What is my next move?

[dx100uk]

no thats not how the CCL 3yrs limit worked.

 

 

PPI CCL 3yrs letters final fg12-17.pdf

[Its WAR]

Thank you DX. Very helpful. I have drafted this reply:

 

Dear Sir/madam,

I have received your letter  of 28 Sept 2020 (copy enclosed), rejecting my PPI claim.

I do not accept the 3 year limit should run from 2012,  on the basis that I was unaware of the need to make a claim. Indeed, I only became aware to make a claim in the summer of 2019 when media information encouraged the public to make claims before the deadline. My claim was made a few days inside the deadline.

I refer to the FSA Finalised Guidance July 2012  “ Payment protection insurance customer contact letters (PPI CCLs) – fairness, clarity and potential consequences” section 5.

5. Whether and when a customer becomes aware (or ought reasonably to have become aware) that they had cause for complaint for the purpose of our time limit rules is a matter of fact that will depend on the individual circumstances of each case. A customer’s previous experience of the PPI policy and dealings with the firm about it may impact on the extent to which the customer may be aware (or ought reasonably to have been aware) that they had cause for complaint.

Further, you have not sent any correspondence in respect to the account alerting me to the possibility the insurance was mis-sold, which correspondence would have triggered the commencement of an earlier 3 year period.

My stance remains, the PPI was mis-sold and I require compensation accordingly.

Yours faithfully

[dx100uk]

very last sentence here of the case one

and 

extra info i found from the fca in the other.

 

 

 

 

ppi FCA review 08-2014.pdf PPI DRG-Bulletin-The-Limits-of-the-Limitation-Act-December-2012.pdf