FOS can't help with my critical illness claim. Pl...

[magpiecottage]

Originally Posted by karry1964

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.

[karry1964]

I spoke with Lifesearch on the telephone as L&G said they could not deal with the additional policy as the original had been brookered by Lifesearch.

[dunstonh]

L&G will be able to supply information but they wont be able to comment on the sale. Also, part of the problem is the removal of CI cover on the original policy. That bit I am struggling with.

Were you paying the same premium on the original policy after the second policy was set up to what you were paying at the start? If so, this would indicate no change took place.

[karry1964]

Have just received information from Lifesearch following our subject access request. Nothing much really but interestingly no information about the original life assurance plus critical illness policy even though Lifesearch brookered this policy for us with L&G. No reply from L&G yet.

[karry1964]

I have now received both subject access requests from Lifesearch and L&G. These show that L&G cancelled my original policy which included critical illness without any written or verbal authority from myself, my husband or Lifesearch.They replaced it with two separate policies neither of which included critical illness cover. This went against our instructions to Lifesearch to maintain the existing policy and add a second policy to cover the increase in our mortgage. Is this legal and if not can I now make a claim against the original policy which was only cancelled by L&G?

[vaio]

Doesn't the six year statute of limitations apply to insurance etc?

If so you might have a problem in that action must be commenced within 6 years of the negligent act or within six year of the negligent act becoming apparent and the insurer/broker will argue that the cover you bought was clearly documented and any errors should have been spotted years ago.

[dunstonh]

I wonder if the FOS would still be available to you if they realised that it is L&G that you believe is at fault. I can understand them not being able to do it if you complained to broker but against the insurer, it should be ok if its pre-regulation.

[kingstreet]

I would now suggest a complaint to Legal & General which states that they were not instructed to cancel the existing policy by you, or by your agent, and that their unilateral action has now proved to have disadvantaged you.

[dunstonh]

I agree. I suspect L&G havent even looked at this complaint because they have previously interpreted it as an advice failure. Whereas now, you have documentary evidence that it is not an advice failure but an administration failure by L&G.

[karry1964]

Thanks for your help and advice. We will now make a complaint to L&G as suggested and our understanding is that this will allow us to take it back to the FOS should we need to.