Fobbed off by Financial Ombudsman due to 6-month time limit

H-Reg

Has anyone else been informed by the Financial Ombudsman they can’t help you due to missing the six-month time limit after receiving a response from the bank?

I filed a complaint to MBNA about PPI charges on my credit card last year. Their final response on 21st June 2012 was that I knew what I was signing up for because I “ticked a box” at the time, and that was that.

Not being happy with the response, I filed a complaint with the Financial Ombudsman.

I sent my original complaint to FO around November 2012 – still within the six-month time limit from receiving the final response from MBNA.

Not hearing anything from FO 2-3 weeks later (mid-December), I followed up with a phone call and was told they don’t have anything on record. i.e. my complaint got lost in the post, and they haven’t got it.

I sent out another copy, but in haste (and unknowingly at the time) I didn’t sign the form. This was mid-December, so I hoped it would reach the FO in time due to the Xmas mail build up.

15th January 2013 (and outside my 6-month time limit now, which would have been 21st Dec 2012), I was contacted by FO to be informed my complaint form is not signed. It was emailed to me, which I signed and replied almost immediately. The Financial Ombudsman representative I spoke to informed me “…the six-month period after receiving final response is imposed by the banks, that’s their time limit. We’ll still look at your case”. Not knowing any different, I understood this to mean my case would go ahead as normal, considering I had originally sent my complaint form well within the time limit.

Eight months on, I’m now informed by FO that MBNA have lodged an issue that my complaint hasn’t reached the Financial Ombudsman within the six month period (which I know now is actually set by the FCA for all complaints), so unless I have some evidence to prove mail issues (e.g. a letter from Royal Mail), then they can’t follow up my complaint with MBNA!

I have 21 days to reply with proof of “exceptional circumstances” in order for my complaint to be looked at.

Has anyone been in a similar situation? Anyone have any suggestions?

Thanks for reading and appreciate any help.

dunstonh

Has anyone else been informed by the Financial Ombudsman they can’t help you due to missing the six-month time limit after receiving a response from the bank?

Yes. Pretty much most people who do not complain to the FOS within the 6 month deadline.

15th January 2013 (and outside my 6-month time limit now, which would have been 21st Dec 2012), I was contacted by FO to be informed my complaint form is not signed. It was emailed to me, which I signed and replied almost immediately. The Financial Ombudsman representative I spoke to informed me “…the six-month period after receiving final response is imposed by the banks, that’s their time limit. We’ll still look at your case”. Not knowing any different, I understood this to mean my case would go ahead as normal, considering I had originally sent my complaint form well within the time limit.

It is up to the firm to decide whether they wish to enforce the 6 month rule or voluntarily waive that right. In extreme cases the FOS can overrule the timebar if it feels the justification is strong enough. Typically these are being incapacitated for the whole period or death of a direct family member.

Anyone have any suggestions?

You can put your case to the FOS and see what they say. However, if the FOS decide not to overrule the timebar requested by MBNA then its game over. The FOS do not overrule many. Evidence would need to be strong.

magpiecottage

It is odd that they did not have a record of the phone call in December. That would normally be enough to match it up.

cing0

The rules in FCA DISP 2.8.2 says:
The Ombudsman cannot consider a complaint if the complainant refers it to the Financial Ombudsman Service:
(1) more than six months after the date on which the respondent sent the complainant its final response.

In my experience, 3 weeks over the 6m limit has triggered objections.

However, the practical definition of 'bringing the complaint' is merely making the FOS aware of it (who you are, which business etc). The signed form is purely for authorisation so the FOS can handled your personal info. Therefore, FCA DISP does not mention a complaint form or signature.

Thus, it does not matter if the form wasn’t signed, the FOS had it by 20/12/2012 ?
Your phone call earlier also forms the basis of bringing the complaint to the FOS.
These are not exceptional circumstances, your being played for a fool.

It is in fact the financial business who decides whether to object when a complaint comes in outside the 6m limit.

Another issue has been opened up. When you sent your signed form in, the complaint becomes 'converted' by the FOS and MBNA would have had 2 weeks to submit its case file.
Within this case file will be its objection. The FOS have failed in its obligation by not checking the case file. The file from MBNA may have shown they wanted to cough.

Your in a tight spot so if I was you, I'd tell them you brought the complaint in time.
Once the sorry saga is over, put in two complaints about service as per

http://www.fos.org.uk/publications/factsheets/complaints-about-our-service.pdf.

One complaint about the form and then when that’s resolved, one about the objection from the case file 8 months later.
You will be pleased to note there are no time limits on starting a service complaint about the FOS.

helpme26

Hi, just wondering if anyone can help me. Basically i filed a ppi claim to egg and they came back to say i wasnt due anything. the thing is i know i am as i filled in the form for my sister who had less credit than me etc and she received a few grand back.
You have to go to financial ombudsman within 6 months. Due to me splitting with long term bf and not being in the house where i was registered etc for a while, the financial ombudsman received my complaint 3 days after the 6 month limit.
they have said nothing they can do about this as my circumstances werent exceptional.
is there anything else i can do?
just feel like i am owed back something and now cant get it due to 3 days
if anyone can help thank you, if not will just need to get over it haha

dunstonh

they have said nothing they can do about this as my circumstances werent exceptional.
is there anything else i can do?

No. If the FOS are not willing to overrule the timebar then it is game over. Your reasons do not meet the usual required standard.

just feel like i am owed back something and now cant get it due to 3 days

It is not 3 days. It is 183 days. you have to be able to justify why you did not refer it within the 183 days.

[Deleted User]

helpme26 wrote: »

they came back to say i wasnt due anything. the thing is i know i am as i filled in the form for my sister who had less credit than me etc and she received a few grand back.

How much "credit" you have is irrelevant to a mis-selling complaint.

Regardless, you've left it too late to refer it to the Ombudsman and your complaint is now over.

helpme26

ok thanks for your help