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endowment complaint deadlines
If you don't complain about your endowment in time, you may be too late.
This ruling suits the financial services industry well. Not only do they
pay minimal compensation to people to whom they mis-sold endowments, but
after a certain length of time they can put it all behind them.
Yet many people with endowment mortgages may still not understand the
problems which they could meet in the future.
Timescales for complaints
This is the core of the FSA policy on deadlines
for endowment mortgage complaints:
Mortgage endowment providers have been sending their customers "reprojection
letters" which either show your endowment:
- is on track to repay your mortgage;
- has a significant risk that it will fall short of its target; or
- has a high risk it won't repay your mortgage.
In most cases, the 'clock' for determining whether you are in time
to make a complaint to the Ombudsman does not start ticking until you
receive a letter that tells you there is a high risk your endowment won't
repay your mortgage, and does not stop until either
- three years from the date you received the letter or, if this gives
you more time
- six months after you get a second letter or other warning that
your endowment policy may have a shortfall.
However, if a firm can show that you ought to have realised that you
had cause for complaint against it before you received a 'high risk' reprojection
letter, the 'clock' will start ticking from that earlier date and will
stop ticking three years after that date. Whether this applies in your
case will obviously depend on the facts.
New rules from April 1988
This is when the current system of consumer safeguards came into force,
under the 1986 Financial Services Act. Companies can deal with a pre-1988
dispute however they choose, though some to their credit have agreed to
apply the new standards retrospectively.
Before 1988, financial services was a jungle and consumer protection
was minimal.
Now consumer protection is better, but firms are still not having to
pay customers enough when there has been blatant bad practice. As a matter
of routine, there should be a flexible punishment element too.
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