FOS won’t look into car finance mis selling claim as >6 years, can I go to MCOL

[leed1985]

Basically I have a car finance mis selling claim that I complained 6 years 2 months ago. The company alluded to the fact that the mis sold it in their final response by saying that it may have been mis-sold, but rejected it because it was over 6 months and said that they don’t permit the FOS to look into it.

It was referred all the way to an actual Ombudsman and not upheld - they said the decision is not based on the complaint but simply whether the service can look at my complaint - and because it was outside of the 6 year time limit they cannot look into it.

I know for a fact that I can win this case, I’ve seen some of the case studies almost an exact replica of mine even with the same company and most were upheld in the same circumstances.

Can I go to the small claims court with this and submit a claim by Money Claim Online? Or do they also have time limits. Or won’t they look at something that has been with the FOS even though the FOS never looked into the complaint just whether they, as a service, can accept it.

There is around £6,000 at stake here.
Can someone help who really knows?

[echat11]

Hi LEED1985

Welcome to LB

The FOS can look at complaints made after 6 years, but you do need exceptional circumstances, as an example health etc.

https://www.financial-ombudsman.org....ct/time-limits

No doubt, members will respond further.

[R0b]

On the face of it, you are out of time which is why the FOS has refused to look at your case and the same will likely apply if you issue legal proceedings because the company will rely on that as a defence.

Under laws of England and Wales, you do not have an infinite amount of time to decide whether you want to bring legal proceedings against someone. There is a statutory limitation period in which to bring your claims depending on the type of claim but the general rule is 6 years for breach of contract or misrepresentation claims. The limitation period could be extended by the court if it was only apparent at a later date that there was a breach or misrepresentation.

Since you are over this period form the point you claimed, you are likely to have an uphill struggle in bringing any sort of claim and arguing that the claim should proceed when you have sat on this for 6 years and 2 months and done nothing (other than to complain I presume).

That is an awfully long time to do something about it and short of you saying you were physically incapacitated for the majority of that period which meant you were unable to start proceedings or complain to the FOS, in which case you will be required to provide medical evidence to prove that you were incapable, otherwise any claim you have will be out of time.

[pt2537]

Basically I have a car finance mis selling claim that I complained 6 years 2 months ago. The company alluded to the fact that the mis sold it in their final response by saying that it may have been mis-sold, but rejected it because it was over 6 months and said that they don’t permit the FOS to look into it.

It was referred all the way to an actual Ombudsman and not upheld - they said the decision is not based on the complaint but simply whether the service can look at my complaint - and because it was outside of the 6 year time limit they cannot look into it.

I know for a fact that I can win this case, I’ve seen some of the case studies almost an exact replica of mine even with the same company and most were upheld in the same circumstances.

Can I go to the small claims court with this and submit a claim by Money Claim Online? Or do they also have time limits. Or won’t they look at something that has been with the FOS even though the FOS never looked into the complaint just whether they, as a service, can accept it.

There is around £6,000 at stake here.
Can someone help who really knows?

I tend to agree with Rob. I think that you have a limitation issue here. I cannot see anything that would engage s32 of Limitation Act, so it seems to me that your claim would be out of time

[leed1985]

Thank you for your expert advice I really do appreciate it.

One more question, since my mis-selling complaint is out of time against FCA 6 year time limits.

There is a new FCA scandal regarding secret commissions on HP or PCP contracts pre 2021 - I’m sure you have heard about it. I’ve seen it on Martin Lewis etc. Would this still be subject to the 6 year time limit I.E because I took out agreement in 2016 is this down the same rabbit hole? Or, because this is a recently advertised issue and the FCA guidance is recent, am I within the 6 years here? Can anyone advise - this is my only alternative.

[Manxman]

You mean this: Car finance complaints | FCA

I first heard this announced on Radio 4 (You and Yours?) and I thought that it was said on there that the FCA would go back more than 6 years - just as happened with PPI misselling.

Unfortunately the website isn't very clear. It basically says that you might have a claim if you bought a car on finance before 28 January 2021 and there was a discretionary commission arrangement. I'm surprised they don't clearly spell out whether the standard 6 year limitation period does or does not apply.

Why don't you contact FCA and ask? Contact us | FCA