FOS and statute of limitations

[craigers]

What is the FOS viewpoint on claiming charges beyond the limitations period of six years? Has anyone claimed beyond six years and the FOS has ruled in their favour?

[maroondevo52]

Hi,

 

Not sure what the score is with them regarding the Limitations period of 6 years, I only claimed back 5 years with a claim against HBOS, (me being in Scotland) got the FOS involved and they paid back 6

[MARTIN3030]

They generally wont entertain claims.

This has been discussed recently-I think we did find an arguement in favour tho-if memory serves me right it is featured in the FSA handbook-and just as section 32 of the limitation act says something about cause of action can be considered from when a person first became aware they had a just cause-but the FSA say that if this is later than 6 years you have 3 years from actually dicovering-not 6.

Edited April 6, 2010 by MARTIN3030

[MARTIN3030]

Have a read at this;

 

FAQs Businesses - our rules & powers

[MARTIN3030]

home » information for businesses covered by the ombudsman service » before we get involved » time limits

 

information for businesses covered by the ombudsman service

 

This section answers a number of frequently-asked questions (FAQs) about:

before we get involved

 

time limits

 

there are time limits for consumers making a complaint - when is a complaint “out of time”?

The complaints-handling rules set time limits for consumers to refer complaints to the ombudsman. After these time limits have expired, the business can choose to object to the ombudsman looking at the complaint on the grounds that it is “time-barred”.

Generally, these time limits are:

 

• six months from your business sending the consumer a final response (which has to mention the six-month time limit); and
  
• six years from the event the consumer is complaining about (or – if later – three years from when they knew, or could reasonably have known, they had cause to complain).
  

Special rules on time limits apply to mortgage endowment complaints.

Under the rules, we have the discretion to look at complaints that fall outside these time limits in “exceptional circumstances”. An example of this might be if the consumer was incapacitated during the period when they could have complained.

We can also look at a complaint that falls outside these limits where you – the business – does not object to our doing so. Some businesses are happy for the ombudsman to consider all complaints made against them, even if the consumer has missed the official time limits. But if you want to object to the ombudsman considering a complaint you have received - where you believe the time limits in the rules have already expired – let us know as soon as possible. Generally, if your business wants to raise any issues relating to time-limits, it should do so in its final response letter to the consumer.

For the purposes of applying time limits, the date a complaint is referred to the Financial Ombudsman Service is taken as the date the consumer contacts us and indicates that they want the ombudsman to consider the matter – as long as their complaint is at the stage where we can consider it.

This is when the business has already issued a final response letter or has had at least eight weeks to consider the complaint. Our complaint form may be submitted at a later date.

[MARTIN3030]

This is the crux;

 

"(or – if later – three years from when they knew, or could reasonably have known, they had cause to complain)."

 

So you could cite the OFT test case in 2008 which highlighted that charges were unfair-this would mean you are still ok to complain to the FOS up to 2011 !!!