Financial Ombudsman wont investigate complaint

Hi - In Nov 2018 I had a car accident. The other driver took full responsibility. Within 2 hrs of the accident his insurance company, Direct Line, contacted me to offer to handle the claim with me direct. I checked it over with my own insurance company and they said it was common practice as it allowed Direct Line to control the cost of repairs, car hire etc. So I agreed.
From this point on I dealt directly with Direct Line but during one telephone conversation I was given some incorrect information which subsequently cost me £3000. I complained to Direct Line who upheld my complaint and offered me £200 in compensation. I escalated the complaint within Direct Line as £200 was no where near the costs I had incurred. They refused to budge.
So I complained to the Financial Ombudsman Service - now here is the rub! The FOS is saying that because I am not a Direct Line customer, they cannot investigate my complaint!
This feels like a loop hole in the system. As a consumer I surely have a right to complain and for that complaint to be fairly investigated?
Can anyone offer any advice on what steps we can take next?
Thank you

Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    You have been correctly advised by the FOS


    So you are left with taking legal action over this against DL as your remaining option
  • garth549
    garth549 Posts: 486 Forumite
    First Anniversary First Post
    What was the bad information they gave you? If it amounts to negligence on their part then as above your best avenue is legal action against them.
  • dunstonh
    dunstonh Posts: 116,346 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    now here is the rub! The FOS is saying that because I am not a Direct Line customer, they cannot investigate my complaint!

    Correct. You had no contract with Direct Line.
    This feels like a loop hole in the system. As a consumer I surely have a right to complain and for that complaint to be fairly investigated?
    You are not a consumer of Direct Line.

    You can claim your out-of-pocket expenses back as long as they are reasonable and limited wherever possible using the legal side.

    Where are you out of pocket by £3000?
    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.
  • Good news is that you can use the Small Claims Court for this.

    Does your own insurance offer legal cover? That would be a good option.
  • Jumblebumble
    Jumblebumble Posts: 1,808 Forumite
    First Anniversary First Post Name Dropper
    Munchie1 wrote: »
    Hi - In Nov 2018 I had a car accident. The other driver took full responsibility. Within 2 hrs of the accident his insurance company, Direct Line, contacted me to offer to handle the claim with me direct. I checked it over with my own insurance company and they said it was common practice as it allowed Direct Line to control the cost of repairs, car hire etc. So I agreed.
    From this point on I dealt directly with Direct Line but during one telephone conversation I was given some incorrect information which subsequently cost me £3000. I complained to Direct Line who upheld my complaint and offered me £200 in compensation. I escalated the complaint within Direct Line as £200 was no where near the costs I had incurred. They refused to budge.
    So I complained to the Financial Ombudsman Service - now here is the rub! The FOS is saying that because I am not a Direct Line customer, they cannot investigate my complaint!
    This feels like a loop hole in the system. As a consumer I surely have a right to complain and for that complaint to be fairly investigated?
    Can anyone offer any advice on what steps we can take next?
    Thank you
    Bearing this in mind I wonder why people are so keen to allow an organisation that has no contract with them to repair their cars.
    When we had a non fault I let my insurers deal with it and repair my car and so would have had recourse to the ombudsman if it went pear shaped
    I was able to afford the loss of NCB and loading while it was sorted and I suppose soem people would struggle
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.2K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards