FOS Issue technical note on debt collection.

[MARTIN3030]

http://www.financial-ombudsman.org.uk/publications/technical_notes/debtcollecting-note.html

[unclebulgaria67]

Re the date 6 April 2007 and the inability of the FOS to look into debt events that took place before this date. To my knowledge, the FOS have looked into debt events that occurred before this date, if the debtor did not become aware of issues about the debt until after this debt. There is a case on this site, where a mortgage shortfall from 1996 is being chased, with correspondence not received until 2011. The FOS have and are looking into that case. Before this technical note is drawing a line and similar complaints would not been looked into in future ?

[MARTIN3030]

Yes the FSAs own handbook considers limitation too.

 

The CAB put out some guidance giving a brief on the main changes to the CCA amendments and FOS scope in April 2007.

 

http://www.cambridgecab.org.uk/What%27s_New/latest_update_items/Update_on_Consumer_Credit_Act.htm

[MARTIN3030]

http://fsahandbook.info/FSA/html/handbook/DISP/2/8

 

 

DISP 2.8.2 01/08/20111, 2The Ombudsman cannot consider a complaint if the complainant refers it to the Financial Ombudsman Service:(1) more than six months after the date on which the respondent sent the complainant its final response or redress determination; or3

(2) more than:

(a) six years after the event complained of; or (if later)

(b) three years from the date on which the complainant became aware (or ought reasonably to have become aware) that he had cause for complaint;

unless the complainant referred the complaint to the respondent or to the Ombudsman within that period and has a written acknowledgement or some other record of the complaint having been received;