Ombudsman rejected - can I appeal?

et2004

Any advice on this would be greatly appreciated.


We had a mortgage with a company called Kensington who sold a PPI policy at the outset in 2004. I believe it was mis-sold as I was self employed at the time and the cover included redundancy, however, my partner was employed.


Kensington rejected my request for a refund so we took it to the ombudsman. After a year they got in touch to say Kensington had objected to them even looking into my complaint because it has been more then 6 years since the sale of the policy. The Ombudsman has agreed with them and asked me to provide a reason why I did not claim within that 6 year period. The answer I gave "Didn't know there was a 6 year rule" was not acceptable.


Further to this, we made a claim on the policy in 2009 when my partner was made redundant which Kensington rejected. The ombudsman are now saying that I should have been aware the policy was no good in 2009 when the claim was rejected and complained to Kensington then. I did phone Kensington in 2009 and complain, however they have no record of it and now the Ombudsman is saying they cannot even look into the complaint unless I can provide any more relevant information.


It seems this 6 year rule is stopping the Ombudsman from even looking into my claim. Any advice from someone who has managed to get round this??


Much appreciated.

dunstonh

I believe it was mis-sold as I was self employed at the time and the cover included redundancy, however, my partner was employed.

Not a valid reason for mis-sale with MPPI. Most MPPI policies cover the self employed without onerous conditions.

The answer I gave "Didn't know there was a 6 year rule" was not acceptable.

Ignorance is no excuse I'm afraid.

Further to this, we made a claim on the policy in 2009 when my partner was made redundant which Kensington rejected. The ombudsman are now saying that I should have been aware the policy was no good in 2009 when the claim was rejected and complained to Kensington then. I did phone Kensington in 2009 and complain, however they have no record of it and now the Ombudsman is saying they cannot even look into the complaint unless I can provide any more relevant information.

That is probably the killer as that activates the 3 year rule. So, you are barred under both the 6 year and the 3 year rule. The 6 year rule rarely gets applied but the three year rule does.

Any advice from someone who has managed to get round this??

Effectively you cannot. You would have to be able to justify why you didnt clean in 2009 and the whole period thereafter. you are not going to be able to do that.