Time limits for response to ombudsman

Linbs

Hi all, I have a mortgage PPI clam ongoing with the ombudsman, it has been with them for nearly 2 years and every time I have chased they have said that it is being processed but that it will take more time; However, I spoke with them a couple of weeks ago and they said that the reason that it has taken so long was that they were waiting for a response from the mortgage provider all that time and had only just had a response.

now I know that I only had 6 months from the rejection of my claim to register it with the FOS...what are the time limits that the company have to adhere too, it strikes me that they have just been stalling things from moving on.

Thanks in advance

dunstonh

what are the time limits that the company have to adhere too

None. In normal times, the FOS will chase and set deadlines. However, with PPI volumes high, there is more grace given.

it strikes me that they have just been stalling things from moving on.

There is little reason to. The FOS reject most MPPI complaints and it doesnt take much to persuade the FOS that it is suitable (assuming there is no obvious failure). So, the quicker the lender can get rid of it out of the system, the better.

Linbs

Thanks for the reply. So I can't complain about the fact that it is taking a long time because the company have been holding things up? They have also said that I didnt refer to the FOS withing the 6 months, but I did and we have all the documentation (recorded delivery slips etc) to prove it, so now the FOS have to address the company's complaint against us before they can start on the actual case...like you say, if they could just get the FOS to reject it quick you would have thought thats what would happen as better for them. Whats actually happening is its just dragging on and on.

[Deleted User]

Linbs wrote: »

So I can't complain about the fact that it is taking a long time because the company have been holding things up?

The mortgage provider is allowed to appeal any decision the Ombudsman Service makes, just as you are.

What complaint against you are FOS having to deal with? Or do you mean that they claimed you hadn't referred in time?

Linbs

Hi, thanks for the reply

yes the mortgage company are trying to say that I didnt refer in time, but I did, the FOS also have records of when I first called to register with them and I have details of when I sent in the paper docs, all within the 6 months of the date o the rejection letter from the company

[Deleted User]

Linbs wrote: »

yes the mortgage company are trying to say that I didnt refer in time, but I did, the FOS also have records of when I first called to register with them and I have details of when I sent in the paper docs, all within the 6 months of the date o the rejection letter from the company

That's very irritating I agree, but as you have proof that you did refer within the allowed timescale that shouldn't hold things up very long.

Do be aware that you are by no means alone in having to wait a long time for your complaint to be dealt with. Typical waiting times are eighteen months or more and those who are dealt with earlier are usually those which the lender has agreed to uphold rather than pay the FOS fee.
Unfortunately, most mortgage PPI complaints are rejected so, unless you had very strong reasons for accusing them of mis-selling, all this waiting you've done will likely be for nought.
The company will still pay the FOS their fee, whether they win or lose.

quaybab

This thread is a bit confusing. If you’ve been told its out of time (by an adjudicator), then it is probably queued up for ombudsman final decision who could have the same opinion without even considering your case.
I'd be tempted to ask the adjudicator for a second opinion (revised provisional assessment, whatever) to prevent it going to an Ombudsman, getting the out of time issue remove.

As regards time scales, when your case is converted, the financial business gets 2 weeks to submit its case file.
If a customer doesn't respond to correspondence within 2 weeks, the case becomes closed unless you ask for more time - a week or 2 if your lucky.
It all depends if your case is active with either an adjudicator or ombudsman. If its queue up for one of these then the bank etc will not be actively pursued to submit material or respond to requests.
Once someone in FOS casework is handling your complaint, its a matter of making sure that person is actually working on it and making progress. That’s up to you. If customers are given 2 weeks to respond then so should the bank.

When you get a provisional assessment or final decision, you are entitled to the banks case file (you can ask for it before because but unfortunately that’s down to the adjudicator). From this, you'll probably be able to see the dates the material was submitted by the bank and work out if the FOS have lied about the delay. If so, use http://www.fos.org.uk/publications/factsheets/complaints-about-our-service.pdf to complain.