What is the 'time limit'

Milarky

...for making a complaint to the FOS following unsatisfactory reply from a firm covered by them? The FOS isn't particularly up front about this (you'd think they would be) as shown here

My potential complaint relates to a performance issue of a pension provider. Now I've had their 'final response' and they've never brought up at any stage the question of when I actually knew about this problem (I tie it to the receipt of a statement from them in September but it actually goes back to last year - I was in a position to query this at the time - arguably) But given the provider is now saying I have six months in which to refer their handling to the FOS is it possible for either they or the FOS to be awkward about this? I'd like to think that the provider can't say 'go ahead' and then try to time bar consideration at the last.

Thanks

dunstonh

...for making a complaint to the FOS following unsatisfactory reply from a firm covered by them? The FOS isn't particularly up front about this (you'd think they would be) as shown here

You have 6 months from the date of receipt of the rejection from the company.

The rejection telling you that you can go to the FOS includes a leaflet and letter that should state that you have 6 months. I copy and paste from the web version of the leaflet...

http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm

are there time limits for bringing a dispute to the ombudsman service?

Yes. You will need to refer your dispute to us within six months of the date of the “final response” letter you get from the business you are complaining about.
Other time limits may also apply if:

• what you are complaining about happened some time ago and/or
• you leave it too long to complain after you know (or should have known) that there's a problem.

We will tell you about any rules or restrictions that may apply in your case.

Milarky

dunstonh wrote: »

Other time limits may also apply if:

• what you are complaining about happened some time ago and/or
• you leave it too long to complain after you know (or should have known) that there's a problem.

We will tell you about any rules or restrictions that may apply in your case.

This is the bit I am worried about. There is no express time limit. I take it this can only be invoked by the firm asking for it? If they've been treating my complaint as 'under' the FOS administered rules - as they have until now - then I'd like to think it would not be entertained by FOS.

On the other hand FOS are supposed to look at something provided there is not "no reasonable prospect of success [in court]" In other words I can't see how they can be more restrictive than a court - and there you've got 6 years to act

defender_of_the_weak

If the firm have not expressly included the time limit of 6 months within their letter then technically they have left the door open for you to go to FOS any time you like. Halifax made this mistake with early endowment cases.

If you leave it more than 6 months the firm may object anyway and FOS will exercise some discretion so if you think it is worth pursuing then don't wait