Endowment Misselling

[Podgy]

Has anyone successfully challenged a time bar by the Insurance Co?

Specifically the time bars that were done when they did'nt bother to inform you or warn you that a time bar was in existence?

Mine was timebarred in 2003 even though there was no communication to me about any bar or time limit? I just had 2 letters stating projection shortfalls with a FSA leaflet shoved in.

Wondered if anyone had successfully challenged Insurance Co's expectation that their policyholders were mind-readers?

[northernladuk]

I thought the time limit for complaints they receive killed a lot of these type of questions off?

time limits for mortgage endowment complaints

or am I not understanding the question?

[Podgy]

I thought the time limit for complaints they receive killed a lot of these type of questions off?

time limits for mortgage endowment complaints

or am I not understanding the question?

This is where I cant seem to find a definitive ruling - its clear on the post 2004 time limits - but that is because the Co's were told to state the time bars and warnings ie when there is only 6 months left before time bar runs out.

Where I think it gets messy is what the rules were prior to the 2004 ruling and how they should have been administered.

In my case I was never informed of any time-bar & the Ins Co maintain as no rules were in place they had no obligation to tell me? my argument is - then how the f*** was I suppose to know!

I did actually complain in 2003 but they said I was time barred? I complained & got complicated BS letters - in short stating it did not matter they did not tell me - they had their own rules etc?.

I complained to FSA at the time but the time bar was upheld!

Its kinda rumbled in the back of my mind that its unfair to just block a complaint when you never informed the potential claimant there were any restrictions? & the FSA have since tightened up all the rules - and dealt with it all very differently.

In a few years the policy will mature so its starting to really annoy!

Apparently someone has successfully challenged in the small claims - won & got 5K.

Just wondered if anyone had any success with the Financial Ombudsman on a time bar challenge pre 2004 rules? i.e. that they were unfair? how can something be imposed on someone when they are unaware of it? Also I really dont think it was clear what the FSA were doing at the time i.e. whether they investigated the complaint properly.

The InsCo FP are refusing to budge, but I believe they've had a few fines to do with it all.