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Carrington Carr Home Finance in administration

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  • dunstonh
    dunstonh Posts: 119,679 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    So is the letter correct in that we can raise a complaint against the pre Nov 2004 mis-sold SPPPI? or are chances less than slim?

    You can raise a complaint and have grounds to do so. Just not using the methods they are proposing. The lifetime fee and the single premium MPPI are good reasons.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • montytb4
    montytb4 Posts: 14 Forumite
    edited 23 March 2015 at 9:35PM
    great, thanks again.
    As CC went into liquidation, who do we raise a complaint to?
    The letter suggests the underwriting firm or the FOS.
    Do you think one into the FOS would be successful?
    cheers
  • magpiecottage
    magpiecottage Posts: 9,241 Forumite
    1,000 Posts Combo Breaker
    I'm afraid you seem to have nobody to complain to. In theory, if the broker had a specific tie up with an insurer FOS might have jurisdiction. However that seems unlikely.

    Another poster has said above that FOS has indicated that a mortgage packager is responsible at the time you took out your mortgage. However, I have seen no decisions by an Ombudsman published that says this is so.

    If you know of any other business involved you could complain to them - but if they can show they were not responsible thne you will not get the result you seek.
  • montytb4
    montytb4 Posts: 14 Forumite
    Yesterday I found an Ombudsman decision on their site, (as a newbie I can't post a link)
    w w w. financial-ombudsman.org.uk/publications/technical_notes/omb-decision-C.pdf


    Not sure if its similar to our case as it looks like the firm were still in business, but it was pre Nov 2004 policy
  • magpiecottage
    magpiecottage Posts: 9,241 Forumite
    1,000 Posts Combo Breaker
    The Financial Ombudsman has jurisdiction if a business subscribed to the GISC code at the time of the sale AND went on to be directly regulated by the Financial Services Authority.

    Carrington Carr was never directly regulated by the Financial Services Authority and never subscribed to the GISC code.

    FOS can consider complaints against Carrington Carr if the advice was given on or after 31 October 2004 for mortgages and 15 January 2005 for general insurance (including PPI). Such complaints need to go to L&G first because when these products became regulated L&G agreed to vouch for Carrington Carr in respect of them - but this was not retrospective.
  • montytb4
    montytb4 Posts: 14 Forumite
    Forgive if I've interpreted it wrong, but magpiecottage your advise seems to differ from dunstonh, he seems to suggest yes we can make a complaint, where as you seem to imply we won't be able to.
    who is right?
    cheers
  • magpiecottage
    magpiecottage Posts: 9,241 Forumite
    1,000 Posts Combo Breaker
    The issue is who to complain to.

    You cannot complain to Carrington Carr because it does not exist.

    You can complain to Legal & General but it can respond that it was only responsible for investments and personal pensions sold by Carrington Carr at the time.

    You can complain to the lender but it can respond that the loan is separate from the insurance and in any case Carrington Carr was not representing the lender.

    You can complain to the actual insurer but will only be successful if Carrington Carr was acting for that insurer at the time.

    I do not know who the insurer was so I cannot say.
  • This is so confusing, so the answer is no we cant complain is that correct pre 2004? I did complain to LG few years back and the answer was a straight no as Carrington carr pre 2004 when we took out the PPI on the mortgage. Also the FOS said no as well.

    So has anything changed since then re 2004/and CC?

    many Thanks
  • magpiecottage
    magpiecottage Posts: 9,241 Forumite
    1,000 Posts Combo Breaker
    Not really, no. There are one or two cases from before 2005 where the insurer had a specific tie up with the broker. However, these tend to be related to unsecured debts.

    So I think it unlikely to have changed.
  • montytb4
    montytb4 Posts: 14 Forumite
    I agree with blossom tree, its so confusing & frustrating,
    The letter from the 'solicitor' suggests a pay out is likely & its no win, no fee. I still won't call them though as I think they are all tied in together.


    Am I right in thinking the current Carrington Carr Holdings has nothing to do with the previous CC co. on paper?


    I filled in the online enquiry form on the FSCS site, we'll see what they come back with.


    cheers
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