Di---you ever come across a case whereby the 3 year rule has been brought into play?
http://fshandbook.info/FS/html/handbook/DISP/2/8#DES223
Turbs
http://fshandbook.info/FS/html/handbook/DISP/2/8#DES223
DISP 2.8 Was the complaint referred to the Financial Ombudsman Service in time?
DISP 2.8.1
01/08/2011
FCA
1, 2The Ombudsman can only consider a complaint if1) the respondent has already sent the complainant its final response; or
(2) eight weeks have elapsed since the respondent received the complaint; or3
(3) in relation to a complaint the subject matter of which falls to be dealt with (or has properly been dealt with) under a consumer redress scheme:3(a) the respondent has already sent the complainant its redress determination under the scheme; or3
(b) the respondent has failed to send a redress determination in accordance with the time limits specified under the scheme.3
DISP 2.8.2
01/08/2011
FCA
1, 2The Ombudsman cannot consider a complaint if the complainant refers it to the Financial Ombudsman Service1) 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;
unless3) in the view of the Ombudsman, the failure to comply with the time limits in DISP 2.8.2 R or DISP 2.8.7 R4, 5 was as a result of exceptional circumstances; or
(4) the Ombudsman is required to do so by the Ombudsman Transitional Order; or
(5) the respondent has not objected , on the grounds that the time limits in DISP 2.8.2 R or DISP 2.8.7 R have been exceeded4, 5, to the Ombudsman considering the complaint.
DISP 2.8.1
01/08/2011
FCA
1, 2The Ombudsman can only consider a complaint if1) the respondent has already sent the complainant its final response; or
(2) eight weeks have elapsed since the respondent received the complaint; or3
(3) in relation to a complaint the subject matter of which falls to be dealt with (or has properly been dealt with) under a consumer redress scheme:3(a) the respondent has already sent the complainant its redress determination under the scheme; or3
(b) the respondent has failed to send a redress determination in accordance with the time limits specified under the scheme.3
DISP 2.8.2
01/08/2011
FCA
1, 2The Ombudsman cannot consider a complaint if the complainant refers it to the Financial Ombudsman Service1) 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;
unless3) in the view of the Ombudsman, the failure to comply with the time limits in DISP 2.8.2 R or DISP 2.8.7 R4, 5 was as a result of exceptional circumstances; or
(4) the Ombudsman is required to do so by the Ombudsman Transitional Order; or
(5) the respondent has not objected , on the grounds that the time limits in DISP 2.8.2 R or DISP 2.8.7 R have been exceeded4, 5, to the Ombudsman considering the complaint.
Comment