FCA 6 month deadline

Hilloquis

Stupidly, I have left it longer than 6 months to forward my complaint to the FCA after the banks rejected my PPI complaint.

I had a number of reasons but they have been dismissed as excuses - even though they involved moving jobs, moving house, getting married and a serious family illness.

The FCA have refused to review the complaint as the banks have told them no. Seems very biased towards the banks.

Is there a way around this that anyone has come up with?

Thanks for any advice/guidance.

rizla_king

Hilloquis wrote: »

Is there a way around this that anyone has come up with?

sadly no. yours were not exceptional circumstances under

http://www.financial-ombudsman.org.uk/publications/technical_notes/six-month-time-limit.htmml

dunstonh

You mean FOS. Not FCA.

The FCA have refused to review the complaint as the banks have told them no. Seems very biased towards the banks.

The FOS have no such bias. Similar timebarring exists elsewhere in all walks of life.

Is there a way around this that anyone has come up with?

No. You would need to recreate incapacity or death of direct family member in that period to typically be accepted. It doesnt just cover the 6 months either. it is the whole period since the complaint was rejected. So, if your rejection was 18 months ago, then you have to be incapacitated for that 18 month period. Not just the first 6 months.

magpiecottage

dunstonh wrote: »

The FOS have no such bias. Similar timebarring exists elsewhere in all walks of life.

Actually, the bias is in the other direction.

In any other area, a business would be entitled to apply the 15 year limit in Section 14B of the Limitation Act 1980. FOS and the FCA choose to ignore it.

A serious family illness MIGHT enable you to successfully argue that there were exceptional circumstances. However, that is not guaranteed.

They would need to be close family, such as a child or an adult for whom you were the next of kin of a primary carer.

To give an idea of what I mean, a couple of years ago, a complaint I dealt with was successfully timebarred because although the complainant claimed to be too ill to complain in time AND that was also too busy caring for a sick relative, Google led me to a website showing them involved in activities with the Scout Association. Laudable as that may be, it is a spare time activity - so they clearly had some time to spare.