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  • FIRST POST
    • cletus1
    • By cletus1 14th Feb 18, 2:08 PM
    • 30Posts
    • 10Thanks
    cletus1
    will not pay out
    • #1
    • 14th Feb 18, 2:08 PM
    will not pay out 14th Feb 18 at 2:08 PM
    I have had a health cash plan for a good number of years, never had an issue before however this time they are looking for excuses not to pay, do I have to go through the financial ombudsman before going to the county court?

    thanks in advance for any advice
Page 1
    • dunstonh
    • By dunstonh 14th Feb 18, 2:41 PM
    • 91,124 Posts
    • 58,142 Thanks
    dunstonh
    • #2
    • 14th Feb 18, 2:41 PM
    • #2
    • 14th Feb 18, 2:41 PM
    do I have to go through the financial ombudsman before going to the county court?
    If you disagree with their decision then you first make a complaint to them stating why you think they are wrong. You do not get access to the FOS until you have completed the internal complaints process.

    If you prefer to use the courts, this comes at a risk of costs being awarded against you. It also has less consumer bias then the regulated complaints process.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. Different people have different needs and what is right for one person may not be for another. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
    • Quentin
    • By Quentin 14th Feb 18, 3:24 PM
    • 34,557 Posts
    • 18,542 Thanks
    Quentin
    • #3
    • 14th Feb 18, 3:24 PM
    • #3
    • 14th Feb 18, 3:24 PM
    You have 2 options whenever you are unhappy with your insurer.

    The cheapest is to complain in line with their complaints procedure then if you are unhappy with the reply or they ignore you for 8 weeks you can escalate to the FOS for their adjudication at no cost to you.

    If you are unhappy with the response from the FOS you can still pursue your case through county court (the FOS decision is not binding on you - though we're it one you wanted it would be binding on the insurer).

    Before starting a court case get proper legal advice on your chances as you do have to pay court fees up front and can only get these back if you win
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