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time bared

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Comments

  • EdInvestor
    EdInvestor Posts: 15,749 Forumite
    I think you really need a mortgage broker, not a financial adviser.
    Trying to keep it simple...;)
  • Ellemaid
    Ellemaid Posts: 31 Forumite
    ok. i have misunderstood.

    The people i have made an appointment with gives both financial adivce and who is also a mortgage broker.
    i was hoping to get varies views before i stick to one.
    I know i dont have a lot of time, but i dont want to rush into anything.

    I will stick to mortgage brokers then.

    Thank you EdInvestor
  • vinno65
    vinno65 Posts: 290 Forumite
    Hi ellemaid.
    on the question of the time bars. You say that you never recieved any letters from Lincolns. I suggest you write to them and ask for copies of the letters and the dates they were sent out. Looking to the letters themselves (if they exist) find out if they make any reference to time limits for complaints, also see what advice if any they offered about dealing with a potential shortfall. In my opinion if there is no warning on the letters about time limits then they are what they are and that is reprojection letters. All they do is warn of a potential shortfall. Study them closely and see if they mention anything about miss-sales or loss or how to complain.These letters only (if sent correctly) allow firms from time barring you from taking your complaint to the FOS. Have Lincoln even investigated your Fathers' case after all there may not have been a miss-sale at all if they had followed the rules at the point of sale. You can not be time barred from a firm investigating your complaint. After all, if you want to take them to court you will need to know if you have been miss-sold AND that you have suffered a loss as a result. You may have been miss-sold but not be out of pocket.
    Finally i took a firm to court and they tried to have my claim thrown out because they had sent me a letter warning of a potential shortfall, but as this letter made no mention of time limits and did not indicate that i had been miss-sold and suffered a loss, the Judge decided that this letter was not enough to start the clock ticking and upheld my complaint.
    Hope this helps Vinno
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