A question for Vinno65 please.

carl310166

I am aware that you won your court case againsy FP recently,i have actually quoted this to FP in my claims for mis selling.So far,i have won two of my three claims against FP.

The question i would like to ask you is,how did you get FP to give you the details of case,so that you could take them to court?

I have insisted that they hold an investigation,so i have facts and figures before deciding if i was mis sold,and to see if it was a suitable case to take to the small claims court.Unfortunately,their latest letter just confirms they will not re-consider my case due to the time bar rule.

I would like to try and get FP to give me the details,so is there anythings else i can do?

Thanks in advance.

vinno65

Hi Carl,
They take the !!!!!! don't they!.
I can think of two routes for you. Firstly ask them to investigate your complaint as they have no power to decide on the jurisdiction of the FOS. Only the FOS can rule whether a complaint is time barred from their jurisdiction. Quote DISP rule 2.3.1 R (2) that allows the FOS to look at complaints outside the normal time limits in exceptional circumstances, how do they know exceptional circumsatnces don't exist?? You do not have to prove to them that they do only the FOS so they must investigate your case. They can then oblect to it being referred to the FOS.
Secondly you could start a small claims against them for an undetermined sum for a miss-sale. At least this way they would either have to settle or offer a defence. In your particulars of claim you could state that the firm has thus far refused to even investigate your complaint. I think you'll agree it wouldn't look too good for them. If they did offer a defence you could see how strong it was and then decide whether to pursue the claim further, but knowing that they have already admitted 2 miss-sales to you I doubt if they will offer any defence.
Hope this helps let us know how you get on.
Regards Vinno

carl310166

Thanks Vinno,i knew you would be able to help.

I will let you know what happens!

Carl