Claiming PPI from Santander/GE Capital

[Jannie111]

Hi, I am wondering if anyone can offer an assistance.

I have had a Dorothy Perkins store card since approximately 1990/1991, on which I was paying PPI.

 

Until recently I had no idea that this insurance was useless to me, as I was a civil servant at the time it was sold to me.

 

I contacted Gladstone Brookes who claimed that they could reclaim all my ppi payments, so I filled out the relevant forms and waited,

I today received a letter from them stating that Santander have rejected my claim, stating that at the time the ppi was sold, they were not regulated by FOS.

 

My query is this... at the time the ppi was sold/pressurised on me, it was not Santander, it was GE Capital.

 

Should I be contacting GE Capital regarding the ppi's, or try again with Dorothy Perkins to find out who the underwriter was on the insurance (are the underwriters liable for the refund?).

 

I dont feel like just giving up just because I have a letter saying they reject my claim, as this is a large amount of money they have taken, unnecessarily from me over the years,

surely someone should be paying up?

 

Also, as this was taken out prior to 2005, will that cause more problems?

 

If I cant claim prior to 2005, can I not claim all that was paid after 2005? Any help would be gratefully received!! Many thanks

[dx100uk]

absolute bullworks to throw you off the scent.

 

you can reclaim it aLL the is NO TIME LIMIT on PPI reclaims.

 

might be an idea to follow the info on the fos website........

 

and with interest at their rate till today for each payment & with 8% stat int ontop too.

 

all you need is on the FOS website

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

as you've not already done an sar, unless you have all the statements, it might be an idea to do one first

 

then

 

fill out the FOS complaint form

do an SOC [spreadsheet [schedule] of charges]

and pop those off in the post to RBS.

 

i'd use:

 

dx

[Jannie111]

Well I did wonder if it was a stalling tactic, but I figured that going through someone like ****that they might fight my corner for me,

but they have just said they are closing the file....!! Seems like they have given up already!

 

 

Is the fact that Santander were not regulated at the time the PPI was taken out not a valid argument for them?

And in fact, my argument is that it wasn't Santander at the time, it was GE Capital, were they regulated, how do I find out?

 

 

I have rung Dorothy Perkins to ask for my policy number, as I no longer have these details,

and they were unable to give me this information and gave me a number for Genworth (?) never heard of them,

am assuming they are who the ppi policy is with....??

 

 

I'm floundering here because I don't really know what to do next,

 

 

what is a SAR and how do I obtain one?

 

 

Many many thanks for as much help as anyone can possibly give me,

 

 

I really would appreciate it!!

[dx100uk]

whomever you paid your money to is your target

sar = in the library top left green tab

have a read of a few ppi threads

get the idea first

dx

[TINK660]

You can do it yourself,

it can take a lot of time and patience but when you get the end result you can give yourself a big pat on the back.

 

 

Claims companies, in my experience will take on a complaint so long as they can go to the FOS with it as it costs them nothing to do so,

but if it looks as though the only way is a fight in court they will back off because of costs and it becoming too time consuming.

 

 

The FOS are looking at mine at the moment with them approaching the underwriters (mine were Financial Insurance Group) as they were regulated,

but it is taking a long time because of the legalities.

 

 

I am considering taking them to court myself but am a bit concerned about the costs as my complaint is well over £5000.

[emmtay]

im in exactly the same situation as you Tink. Have you had the letter saying it will be september before you get another update?!

[TINK660]

yep emmtay,

How long has your complaint been with FOS, and could you give me a brief rundown of whats happened? I believe it always helps to compare notes.

Tink

[emmtay]

Hi Tink

I'll give you the brief version!

Started claim with GE capital(evans store card)/Santander Oct 2009!

Basically I took out a store card in April 2000 as sales assistant told me i could get a discount if i opened a card, i said yes, and signed form.

I only signed form, she filled it in! Nothing was explained to me about PPI etc.

I was self employed at the time (and still am)

When they sent my paperwork there were loads of parts missing...big chunks of each year!( this seems to be the norm!)

They basically told me to take a running jump...normal excuses, i chose to add ppi, i had opportunity to change my mind within 30 days, its been clearyl shown on my statements every month so i should have cancelled it at any time.

I then tried FLA as Santander sent a copy of their letter to them.

Absolutely useless, they passed it back to Santander who then proceeded to to send antother copy to FLA who then sent me the same letter again! What a bloody joke!

I gave up at this stage and jumped off the merry go round, or so I thought, and went to FOS.

They told me to find out who the underwriters were as it was before Santander were regulated, which i was initially told by Santander was Genworth Financial. I wrote to them, and they referred it back to Santander as they were unable to help! They didnt give any reasons!?

Oddly, FOS then wrote to me saying they had written to Financial Insurance Company Ltd, and were awaiting their reply!?

At the same time, Santander started the whole procedure of the same letters yet again, and advised me finally to go to the FLA!?!

FOS wrote in June 2010 to say FIC hadn't replied within the 14 days, and if the case wasn't resolved to fill in and return the questionaire, which I did.

February 2011!- letter from FOS- sorry for the delay- they will be intouch by 31st march!

May 11th- they wrote referring to 'my clients complaint'?!?! and they were unable to identify who the underwriters were... unbelievable... I replied saying firstly i am not an agent, but i AM the person complaining, secondly, if they had read the 18 letter I had enclosed with my case they would see on letters 11 and 12 that I had found out who the underwriters were, wrote to tell them, and they had written back to confirm who they were!? really unbelievable...

May 27th- they wrote to say unable to investigate against santander but there a possibility that i may be entitled to pursue a complaint against underwriters, they are unable at this point to give indication as to whether FIC has, or is willing to accept responsibilty...having reviewed my complaint papers(have they read them this time??) it would appear that FIC has not yet issued its final response even though they appear to have had the required time to do so! They have contacted FIC and requested their final response within 14 days...on receipt of FIC's final response letter if im still not happy please complete enclosed questionaire...and send it with any supporting evidence...unreal.

16th June- FOS wrote saying note the 14 days were up, hope matter resolved!

18th June- I sent questionaire!

24th June- they received my correspondence 'safely'!

5th July!-they 'will now ask FIC for further information about the case'...

2nd september-their next step is to hand the complaint to one of their adjudicators.......

31st March 2011!!!!!-writing with an update....they are expecting a response from FIC within the next 4 to 6 weeks!!

29th June- this is word for word...

I am writing with a further update on the progress we are making with your complaint.

Since my last letter, FIC has replied to us with its view about responsibility for these complaints. We have now considered its response, and will be going back with our reply to the points it has made.

It is likely that we will be having more of this type of contact with FIC because of the complex legal arguments involved.

We will write to you with a further update by 30 september 2011!

 

and thats the short version...!

I have phoned them and eventually after several attempts managed to get a little more information out of them!

Apparently, as they have so many similar cases, they are groupling them together and putting forward some kind of test case, and so if FIC admit 1 case, they will be admitting the lot!

She seemed to think the cases against Santander were more than likely to go in our favour though.

I also have the same going on with M&S c/c ppi, and its at exactly the same stage as this one, with the exact same letter as this sent on the same date!

Lets hope this means things are finally moving!?

So Tink, whats your story?!

Emmtay

[TINK660]

Gosh emmtay, you really are on the ball with your paperwork - I only wish I was as organised as you are - all my paperwork from all companies is in same folder - really must get around to sorting it all out. My story is basically exactly the same as yours even down the the last letter from the FOS which is the same word for word. The only difference is that my account was passed to Link Financial when I defaulted despite me advising them that it was in dispute. They denied that there was a dispute and Link Financial got a charging order for which I am paying back a small sum each month. I have estimated that with compound interest at their rate of 29.9% my claim will be in the region of £30,000. Such a lot of money I could really do with right now. However I am concerned about taking it to court myself because of the costs involved. Like you I hope that this means that the FOS are finally getting somewhere, perhaps I will ring them also and see what info they can provide to me. Will keep you posted. Thanks for all the info our cases sound almost identical.

Tink

[emmtay]

Hi Tink

Yes, you should definately ring them, see if they explain it any better to you about this 'test' case thing! Then you can explain it to me!

My claims around 8k with them, plus interest for another 2 years+ now!

My claim with m&s is for over 30k though! so i know what you mean, i really need this too!

keep me updated, take care, emmtay

[kimberley6]

Hi,

My case is exactly the same as yours.

I have been through all the Santander and FLA saga,and the FOS not regulated at the time saga.

I have not contacted FIC yet.

Do either of you have any contact numbers for persons at the FOS or FLA,so I can register my complaint?

Thanks.kimberley.

[TINK660]

Kimberly6,

First of all dont waste your time with the FLA - a complete waste of time in my opinion.

As for the FOS, if you visit their website you can either get a phone number to contact them and they will fill in most of the complaint form for you or alternatively you can download the form yourself, fill it in and return to them.

 

My own update is that I have approached Santander again asking them to look at my complaint again since the judicial review, to cut a long story short they have opened a new complaint file not taking into account my previous history and denied misselling yet again. I once again pointed out that I was not employed at the time of taking out the ppi and therefore it HAD been missold and gave them 14 days to refund or I would start court action. I then phoned as it was approaching the 14 days and spoke to someone who said that they would reconsider due to my being unemployed if I sent in the details. I sent the letter giving them the previous reference numbers they had issued for this complaint so that they could look back at all of it and gave them a further 7 days. After 6 days I rang again to ask if they had considered my comments and were in a position to discuss them, I was told the person I needed to speak to wasnt available and I once again stressed that my time limit was close to ending and I was imminently going to start court action and was told that a letter had been sent to me that day (2.5 pages long). When I asked for details of what is said in the letter I was told that basically I have to prove that I was unemployed by getting records from the HMRC for 1995/1996. Phoned HMRC and they will send me the details however it is going to take approx 12 weeks.

 

I am not prepared to give these shysters any further time now, this has been going on for too long, so I am going to issue a court claim as soon as I can.

 

I hope this has been some help to you in your progression and I wish you the best of luck with your complaint, although its not luck you need its perseverence!!

 

So Santander if you are reading this - be prepared!!

[kimberley6]

Thanks Tink.

I really don't know what to do at the moment.

The fos said they could not do anything because GE/Santander where not covered by them,back when my wife took the store cards out.

The fla where a waste of time.

Rang Genworth or Financial Insurance Ltd,they said as far as they where concerned they could not be held responsible,but contact them around September when things should be clearer with the other cases.

Thanks.

kimberley.

[ims21]

Thanks Tink.

I really don't know what to do at the moment.

The fos said they could not do anything because GE/Santander where not covered by them,back when my wife took the store cards out.

The fla where a waste of time.

Rang Genworth or Financial Insurance Ltd,they said as far as they where concerned they could not be held responsible,but contact them around September when things should be clearer with the other cases.

Thanks.

kimberley.

 

If there are no other bodies that will take it on you could consider suing in court?

 

ims

[kimberley6]

Thanks ims.

Just worried about the costs side of things.

I know nothing is cut and dried,but when I was self employed and my wife was a housewife,what good was ppi?

Thanks.

Kimberley.

[TINK660]

Kimberley

Have you spoken to the FOS about them taking on your complaint but looking to Financial Insurance Group/Genworth for redress. That is what is happening with mine with the FOS, I just got fed up with waiting and thought I would have another go at Santander myself. But it is still with the FOS but have to wait until end Sept for an update - soooo slow.

[Kate1973]

Hi

 

I am in a similar situation, however mine is now with court as Santander decided to call in the solicitors just after my final response letter and before i had had time to consider my next action. I have a posyt going as their solicitors have some flaws in their defence to my counterclaim from their claim!, it will be interestting as there are some blatant lies in there, should make for good reading for the judge!!! Personally i'd go the court route as to be fair that was my next course of action before they served their claim....

[kimberley6]

Bump. Any news?

[Kate1973]

Hi

 

I have an allocation hearing in the next week so will know a bit more then.....

[kimberley6]

Thanks for the reply Kate.

[poppy.hagg]

Hello,

I will tell you what Ge has done to me I had a loan taken on 11/06/2007

For £40,000 Plus PPI £4,860. ( told I had to take or no loan ) Total was £45,360.00

which also included a £500 compilation charge.I cancelled PPI on the 5th Sept 2007 as I was paying of the full loan.The money I paid to GE to finish the loan was a total of £45,186.32 which my solicitor paid.I never received my PPI money ( Rebate of £4,455) GE took this on top of the £45,186.32.

When I fought to get this they said it was a broker I had to deal with now dissolved

.So I wrote to FSCS who would only award me £587.15 as they said I had already received £4,455.00 but I did not GE took this.

I am still trying to get it back with no successes to date.

[kimberley6]

Bump. Any news on this one,anyone?

kimberley.

[poppy.hagg]

No No No still nothing..................

[kimberley6]

Thanks poppy............Very frustrating.........Easy for them to string things along when they have our money!

I have sent Santander a letter before action,reminding them I have already been to court with this account and reminding them they have no signed agreement and that they have taken ppi that they had no entitlement to.

Regards.

kimberley.

[millymollymoo]

Hi subscribing with interest. Same as you . Santander fob off to whoever they feel like plucking out the air. Im my O/H's case we have the Credit Agreement with all the sections crossed out relating to the PPI. Santander then use the infamous telesales call and you agreed , absolute rubbish, considering they have now changed the date twice these supposed telesales calls took place (when caught out!!!) . They even admit they have no proof of these calls!! What a laugh, court action next. Is there a standard PPI POC that could be adapted on here. Wih you good luck , apart from Crap West they are the worse I have ever dealt with!!!