Please post your own experience of reclaiming PPI from Santander

[Victoria27]

Re: Please post your own experience of reclaiming PPI from Santander

Thank you, Di, honey!
no goog news in the post for much longer, my dear friend, will lead to a lot of news in the press in the near future and not a very good news for Santander
Vxx

[Victoria27]

Re: Please post your own experience of reclaiming PPI from Santander

I called "Attention Seekers" "Attention Sickers" instead, because they do make me sick. I believe I am not alone ))
though English is my second language sometime I just like to full around a bit Sorry
lol
Vxx

[di30]

Re: Please post your own experience of reclaiming PPI from Santander

I called "Attention Seekers" "Attention Sickers" instead, because they do make me sick. I believe I am not alone ))
though English is my second language sometime I just like to full around a bit Sorry
lol
Vxx

LOL well its true honey! :tinysmile_twink_t2:
There does seem to be a huge increase your right there too, and earlier I did tell one of the members who posted on here to try checking out this thread because they too have been rejected by "S" and "G", I am hoping they will see this thread, the more the better.
Dont say sorry, you've done nothing wrong honey and we all have to have a good vent now and again, it helps clear our heads a little, afterall they muddle ours :tinysmile_twink_t2: stay strong sweetie pie xx

[L'pool64]

Re: Please post your own experience of reclaiming PPI from Santander

My dear friends,
just thought I'd update you on my "Santander saga". Today I received a reply to my e mail to Ms Botin. It was signed by the lady mentioned above, in the previous mails. They have not upheld my complaint. It is not so much the refusal but what is said in the letter.
E g " More often than not, customers may believe they have paid a greater amount of premiums than they actually have and I am mindful to believe this is greatly generated by many of the claims Management Company's when advertising and promoting their services. Where complaints have been upheld and a significant refund has been given, these have generally pertained to long term secured loans and mortgages......."

While I am learning a lot as we go along, I am not completely stupid!!!
she does however " apologise unreservedly" for any concern given.
This time I have been referred to the FLA, not the Ombudsman.

While the amount of monies involved in my claim are not large, there are many, many people who have been "absolutely screwed to the ground" by storecards and GE/Santander are getting away with it. Not only that, there are obviously no compliance restrictions placed on the correspondence that is sent out to customers.

Genworth, despite their guarantee that they will reply to an e mail complaint within three days, circa 2 weeks later I am still waiting!!! Now isn't that a surprise!

I appreciate that the Ombudsman staff are doing their best but, I believe that this is a significant gap that the regulators need to address.

These people are not worth any more of my time, but I wish you all the best Victoria, with your claim....and I am even more delighted now than ever for you Loulou. Xxxxxx

:beagle:

[Victoria27]

Re: Please post your own experience of reclaiming PPI from Santander

Hello, my dear friends and thank you for your support.
it means so much to me.
L'pool, I was thinking of you the other day, wondering how you are getting on
I am interested what did you put as the reason for your complaint?
it seems to me that in case a complainant is not eligible, they will finally have to uphold.
I wonder if there is a good way to proof your case.
for instance, if one is not eligible and ends up with the PPI, that means mis-sold automatically.
in case of advised sale that means a wrong advice. In case of non advised sale that means a failure on behalf of the company to disclose a relevant information, main features and exclusions of the policy before sale was completed to enable us to make an "informed decision". Informed - is the key. If we are not given a correct information, if our attention is not directed to important points, such as "onerous" features, for instance, that means mis-sale.
As much as any business will try to argue and to put a responsibility on us, referring to insurance documents, which are sent by post AFTER sale, not before, it is in breach of the FCA guidelines, and eventually, once proved we are not eligible, they will have to give in.
what about the cases where you are eligible, but did not want it, did not need it, were not told it was optional etc.
I think if there is some reasonable explanation why you would not have taken it, unless you were pressurised or misled, may be there is the way to go back to the person who was dealing with your case from the CEO office.
they should be available on the phone, if you give the name.
Obviously you have a good case, may be to try to talk to that person again, directly on the phone. Just a thought.
the cases with store cards before 2005 are not regulated by the Ombudsman, that is why the businesses behave in such a deplorable manner, knowing they can get away with it.
however the FCA guidelines still apply to those cases as a guidance.
Unfortunately, the Ombudsman can take it further only with the underwriters.
the businesses feel they can get away with anything, being not under the FOS jurisdiction.
I would suggest to bring your case to the attention of your MP.
you will have to explain why do you believe you were not treated fairly. Then your local MP should be able to do a representation of your case.
if possible, please refer him or her to the relevant FCA guidelines, showing how Santander was in breach when selling you this PPI and also in breach while dealing with your complaint.
i enclose the relevant links for you here:


FCA/FOS


http://fshandbook.info/FS/html/FCA/DISP/App/3


http://www.financial-ombudsman.org.u...pproach.html#7


I belive the most useful will be:
DISP App 3.6 Determining the effect of a breach or failing
and
DISP App 3.3 The approach to considering evidence


however, it might be more there, which is relevant to your personal case, please have a look.


i think common sense tells us, that we will never willingly decide to spend extra money on something unless we believe it is either absolutely necessary or very important for us to buy it. That is how we would behave in any situation, buying any product. The same with a financial product. Why would you want to spend money on that? Were you led to believe you had to take it etc. It is not in a human nature to add expenses to our already very expensive life. We do what we can to cut down our expenses, not to add to them.
may be to start a logical proof from there. When there is no "tangible" proof, when it is your word against their word, any court of law (we are not going there, just their approach is relevant ) bases their decision and believe on what would sound the most reasonable. I am sure you can build a reasonable and logical case, which will show that you, yourself would not have taken this insurance unless....


in a short while I'll update you on my case as well.
Like Loulou I still cannot believe it...
thank you
lol
Vxx

[di30]

Re: Please post your own experience of reclaiming PPI from Santander

Hi L'pool
thank you for your update and I note you said you forwarded your case now to the FLA, well lets hope they can see sense but with what Victoria has posted with that fab info, it may be a good idea to think about giving it another shot (whilst your case is within the FLA).

I am so sorry "S" rejected your complaint. But it may not be the end yet, even if they say its final.

The points raised by Victoria are fab (thanks again Victoria):tinysmile_twink_t2: and it maybe worthwhile you bringing this to "S" attention, as they have still failed you one way or the other, they do not follow the guidelines by the FCA as they dont think they should if complaints were not regulated by FSA, but that is not the point, take a look at those links and see what they have not been complying to as they should be, as I said many times before, they are a law of their own. They have failed many in the same way, but time to give them a wake up call.

Send the info on the links as Victoria also suggests, and I would also say that you know your not the only one that failed on the handling of your complaint. Time to get strong with this business now, the amount of complaints they have wrongly and unfairly rejected its just not on anymore, as we know in regards of the recent news the other day too, this proves it all.

We are here for you and when you have a few mins take a look into the above links/info, you will find very interesting. :tinysmile_twink_t2:

[Victoria27]

Re: Please post your own experience of reclaiming PPI from Santander

Thank you very much, Di!
L'pool, please remember, we are here for you, as Di said.
Vxx

[Victoria27]

Re: Please post your own experience of reclaiming PPI from Santander

I believe, I might have posted something similar before, however, I'll put a little summary here once again.
Sorry if I am repeating myself
All the details can be found if you open the links I enclosed in my previous post.

(http://fshandbook.info/FS/html/FCA/DISP/App/3

http://www.financial-ombudsman.org.u...pproach.html#7)


In short:




1.the FCA Guidelines are for both advised and non advised sales, before and after 2005.


2.The information has to be given before sale is completed for non advised sales, not post sale relying on the policy document sent later by post as an excuse to avoid responsibility.
It has to be done BEFORE sale is completed.


3.This requirement is specifically emphasised by the FOS, where it is stated, that it is not enough to remind a customer to read the policy.


4. The company should not reject a complaint on the basis that the policy was not cancelled.


5. The company should not assume that by signing the document a customer agreed to take the policy.


6. There is requirement to draw a customer's attention to the onerous terms of the policy for a NON ADVISED sale BEFORE it is completed.


7. The company should learn from the relevant FCA and FOS documents, case studies, relevant FOS findings etc. to see if some similar cases were already upheld.
(This should be the company's job, not ours )


8. The same problem should not be repeated again and again.
If the same problem keeps occurring and the FOS has already upheld cases with similar circumstances, while the company keeps rejecting similar cases, ignoring the relevant findings, that means something is wrong with the company, according to the FCA.




9. FOS gives clear criteria about the policy documents, using case studies as example. For instance, where in the document relevant information should be disclosed, how long is the document, is the script too small, is it closely worded etc. Often the policy documents do not meet this criteria and therefore are hard to understand for us.
It has to be taken into consideration.


10. For the cases where we were asked to put our signature where indicated by "x". I believe it happened to few of us.
the form was filled in by the shop assistant and we were asked just to sign where indicated "x". We did so without realising that we signed for an optional product.
when they reject our cases, they send us the agreement, showing our signature as a proof we wanted the cover. In case there is an "x" in front of our signature, it usually proves the opposite - that we were manipulated.


FOS has already used the case study number 1, issue 71, year 2008, to show that "x" in front of a signature supports the account of the events, given by the customer, not the business.


The same case 71/1 is given as an example, where the FOS strongly disagrees that premiums shown on the statements in any way prove that the cover is optional.


This wrong statement, which makes absolutely no sense, can be found practically in every template rejection letter, where they say that premiums payable are shown on our statements when balance is outstanding, and that proves that insurance is optional.
Why? Nobody has a clue. just a nonsense. The FOS disagrees.
The FOS has already addressed this issue as unacceptable.
However since 2008 this business keeps repeating the exact same wording in their template rejection letters, which now I have a collection of.


The FOS published case 71/1 in 2008. This company still writes exactly the same letters, using the same words.
The FCA states that the company must learn from the previous cases and findings and not repeat the same misinformation.


It might be an idea, if you are complaining about the way your case was investigated, to ask a few questions, related to your particular case.
for example:


" - In what way do you think your company have complied with the FCA guidelines and the FOS regulations, in what way those regulations have been applied to the handling of my complaint?




- Looking at your letter (in case you got their template rejection letter), it is impossible to believe that your complaint department have ever read the regulations. Are you aware of the FCA guidelines?




- Why does Santander think that the FCA guidelines and regulations, which have been accepted by all other companies, do not apply to them?




- Why do you repeatedly raise the points which have already been deemed unacceptable by the FCA and the FOS? "





Just a food for thought...
please understand, that my English is far from perfect, being my second language, however, I hope you can get the sense and can see what I mean and to say it in your own words


That statement from the FCA might be useful somewhere:


A statement from the FCA said: 'We expect all firms to comply with our rules and treat their customers fairly.
'Firms know that PPI complaints must be thoroughly investigated and that appropriate action, where required, is taken promptly.
'Our rules are very clear that firms are expected to learn from previous complaints. So if there are significant numbers of complaints coming in about the same thing, that is a clear warning sign that something isn't right.'


Thank you
lol


Vxx

[L'pool64]

Re: Please post your own experience of reclaiming PPI from Santander

As they say in the old movies "a guy would be honoured to have supporters like you to stand with him"..........., so thank you Di and Victoria for your very encouraging posts. Please do not put yourself down Victoria, you communicate better in English than a lot of the "natives"!!!!!!
My case to all of the companies consisted of two points:
Charges, it does not just cost xxx per £100.00, coupled with ongoing interest charges, allocation of monthly payments and any late payment fees, mean the cost of ppi is very much higher than advertised.
Cancellation, (stupid as it may seem) I was unaware that ppi could be cancelled after the cooling off period. I thought once taken, you were stuck with it.
Additionally, my employment provided 6 months full pay and 6 months half pay.
As I see it, Santander have taken a corporate decision regarding GE business to only pay out when they have no choice, e g as per Loulou's circumstances, where there is absolutely no choice. In other cases, they are almost thumbing their noses at the regulators.
I have two issues to consider,
they might with enough perseverance from me, uphold my case. However that would set a precedent and would open the flood gates with regard to claims, something they do not want.
Additionally, they hold that I paid only £28.75 during the life of my policy, which is incorrect but, neither of us have the comprehensive records which would prove this. So even if they did relent, the payout is going to be very small.
On a cost/benefit analysis, it is simply not worth it for me to pursue.
isn't there a famous saying "about fighting the battles you know you can win"?
More power to the regulators with regard to the recent fine in respect of Life Assurance sales.
On a more positive note, I have heard from the Ombudsman; they have upheld my case against Capital One. I will do a separate post on that fight.
good luck Victoria xxxxxx

:beagle:

[Victoria27]

Re: Please post your own experience of reclaiming PPI from Santander

Thank you very much for your kind words, L'pool.
congratulations about your Capital One success.
every success I hear about, for me is a personal victory.
Well done!
look forward to hearing about it.
thank you again.
interesting thing about Santander, even when they do not have any choice, but to refund, they still chose to reject at first, just in case, in the hope we will not pursue. Only when they understand we will continue to fight, they give in. Economising on relatively small amounts and ending up paying fines in millions. Not very smart, to say the least.
lol
Vxxx

[loulouxx]

Re: Please post your own experience of reclaiming PPI from Santander

Hi Everyone! Sorry for not being around lately my dad had a bleed in the brain from a stroke. he's 80% back to normal so proud of him. Will have a good look through the posts and come back xxx

[dogtired]

Re: Please post your own experience of reclaiming PPI from Santander

loulou,
Hope your Dad is well on the way to recovery, family must alwyas come first xxx

[Victoria27]

Re: Please post your own experience of reclaiming PPI from Santander

All the best wishes to your Dad, Loulou!
lol
Vxxx

[tjperfick]

Re: Please post your own experience of reclaiming PPI from Santander

Hi to all , I have been recommended to join here from Di. I have had rejections from santander and also from genworth froma store card. It was opened in 1998 and closed approx 2010. Not sure what the protocol is, but I can post up my rejection letters from both genworth and santander if any use.
thanks xx

[Victoria27]

Re: Please post your own experience of reclaiming PPI from Santander

Hello TJ and welcome.
thank you for your post.
Would you mind to tell what are the reasons for their rejection and circumstances of your mis-sale?
if, for instance, you are not eligible, it is easier to prove as mis-sale.

Best,
V