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Underwriter no longer has my details!

I currently have a case with the FOS, I had a loan with Black Horse in 2001 and the FOS are taking action against the underwiters which were Genworth. This company no longer hold any info on me. Any ideas what may happen next? The case is awaiting an adjudicator, but if Genworth hold nothing on me I can't see how I will get any success. Any ideas anyone please?

Comments

  • marshallka
    marshallka Posts: 14,585 Forumite
    edited 17 June 2010 at 5:48PM
    I currently have a case with the FOS, I had a loan with Black Horse in 2001 and the FOS are taking action against the underwiters which were Genworth. This company no longer hold any info on me. Any ideas what may happen next? The case is awaiting an adjudicator, but if Genworth hold nothing on me I can't see how I will get any success. Any ideas anyone please?
    I know when my case went to the insurer for my unfair rebate I had a call from the insurer who asked if I would write a letter of consent to Firstplus for them to release the file to them. They did not hold any information on me either(the insurer that is - just edited to add this as it looks like FP did not) but there are ways around this and FOS will know.
  • Andy_Boro_2
    Andy_Boro_2 Posts: 163 Forumite
    edited 2 August 2010 at 8:17PM
    bit of a werid one, the insurance was taken nearly 10 years ago though, im not sure how the fos will investigate this i think they may be more inclined to rule in your favour. Good luck
  • marshallka
    marshallka Posts: 14,585 Forumite
    Andy_Boro wrote: »
    bit of a werid one, the insurance was taken nearly 10 years ago though, im not sure how the fos will investigate this i think they may be more inclined to rule in your favour. Good luck
    Mine was also in 2001 and the underwriter did not hold any information but they get it from the lender.

    FOS cannot just rule in your favour without information though as far as I am aware as anyone with a complaint from years ago where the lender/insurer does not have information would be able to make a complaint and win. As long as the loan is still active OR the loan was cancelled 6 years ago I would think you would be OK as the lender has to keep documents. I think this is common in that insurers do not hold details but get them from the lender as happened with mine.
  • Thanks Marshalka you have given me a glimmer of hope!!
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