FOS can't help with my critical illness claim. Please help me

karry1964 · 5 December 2012 at 6:03PM

Just a quick update especially for Kingstreet. I have contacted both Lifesearch and L&G to establish who to write to and the cost for a Subject Access Request. L&G provided the answers immediately and no cost. I was passed to 3 people at Lifesearch and after about 10 minutes was told by the third person that he would have to make further enquiries and someone would get back to me. No reply and now they are closed for the day. Will keep updating but thank you all for your help today.

dunstonh · 6 December 2012 at 12:11PM

This should a very simple case of finding out responsibility. Setting up a standalone second policy would have no impact on any existing policy. So, if something has affected the first, then L&G should have the audit trail to show who, why and how.

It sounds like the whole plan was replaced. Were you making two payments by direct debit or just one? Was the direct debit cancelled by you? What information did L&G have to cancel the original policy?

If you were making one payment then that would be a new sale. That sale would be the liability of the seller. However, as it is pre-regulation, you dont get access to the FOS and if the company do not agree to review your complaint voluntarily then court is your only choice.

Even though it was pre-regulation, advisers still issued reports on the recommendation. However, this leads to the another potential issue. Was this an advice case (did you go through the factfind process, receive advice and a report about the advice) or was it using their non-advice process to get cheaper premiums. If it is non-advice, they should be order taking rather than telling you what you need. However, it is not uncommon for order takers to cross the line. In a post regulation case the FOS would consider that and they have said they have seen that happen (recently documented in their publications). However, the pre regulation date doesnt help you.

karry1964 · 6 December 2012 at 1:37PM

When the additional policy was taken out an additional Direct Debit was also created to cover this policy. From that day to the present two Direct Debits to L&G come out of my bank account on a monthly basis to cover the two policies. I did not cancel the original Direct Debit. I have made an information request to both Lifesearch and L&G asking for the following:

Records of any communications between yourself and Legal and General regarding the cancellation of the original policy number
Why the original policy was cancelled
When the original policy was cancelled
On whose instructions was the original policy cancelled
Any signed policy cancellation documentation regarding the original policy
Records of any communications between yourself and Legal and General regarding the new policies

All of which will hopefully provide evidence of who was at fault.

The policy to cover the increased mortgage was discussed over the telephone. I contatced L&G to be told that they could not discuss this as the original policy was brookered through Lifesearch I had a telephone converstaion with Lifesearch during which they advised that the original policy remains in place and a new policy is taken out to cover the additional mortgage amount. The new policy was to match the original in that critical illness cover was to be included. Unfortunately Lifsearch has informed me recently that they did not record telephone converations when this change was discussed.

dunstonh · 6 December 2012 at 1:52PM

If the premium for the original continued unchanged then I cant see how the cover was reduced unless it was never there in the first place.

magpiecottage · 6 December 2012 at 7:19PM

Although Lifesearch cannot be taken to FOS over a 2004 policy, I am fairly certain the L&G aspect of if falls under the voluntary jurisdiction at FOS. If necessary, ask FOS for an ombudsman's decision on jurisdiction.

karry1964 · 6 December 2012 at 8:45PM

I have been told by the FOS that the claim must be against the brooker (Lifesearch) and not L&G. Do you think that I should seek further advice from the FOS?

kingstreet · 6 December 2012 at 9:16PM

I would keep your SARs as general as possible, don't ask them for specific information. Ask simply for "any and all information you hold on me, including any communications with, and from, third parties."

Put the request in writing to the Compliance Manager, Lifesearch, obtaining proof of postage from the PO when you send it.

Until you get this information, it's pointless going to and fro with the FOS or anyone else. You need to see a clear trail of how this policy was sold and how it impacted on the old one, before you can go any further.

You are trying to build a house. Put the foundations in place before you start looking for where to stick the roof.

karry1964 · 6 December 2012 at 9:19PM

Will do and thanks again for your advice.

kingstreet · 6 December 2012 at 9:21PM

Compliance Manager
LifeSearch Limited
Epworth House
25 City Road
London
EC1Y 1AA

Dear Sir,

Name DoB Address
Data Protection Act 1998 - S7 Request

With reference to the above, please supply me with any and all information you hold on me, including any communications about me with third parties.

If a fee* is required for this, please let me know the amount and I'll remit by return.

Yours faithfully.

*You could take a flyer here and send them a cheque for £10 instead, as this is the maximum a non-statutory body can charge IIRC.

magpiecottage · 7 December 2012 at 8:55AM

karry1964 wrote: »

I have been told by the FOS that the claim must be against the brooker (Lifesearch) and not L&G. Do you think that I should seek further advice from the FOS?

Not if L&G removed cover from the existing policy without your consent. Was it the phone helpline you spoke to?

A complaint to FOS against L&G would need you to submit a copy of the policy document and medical evidence of a diagnosis of the a qualifying medical condition.

FOS can't help with my critical illness claim. Please help me

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