Jackh

[Jackh]

Hi
Thanks for the welcome note.
I have just joined you having just had a rejection letter from the Ombudsman for a claim against a notable Insurance
company about whole of life insurance.
Seems very unreasonable to me- Is there anywhere to go to continue my claim which I think has very strong
reasons to be upheld?

Best regards, Jackh

[enaid]

Re: Jackh

Hi and welcome am sure someone will be along soon to help with this, maybe a good idea to give a little more info first.

[Jackh]

Re: Jackh

Hi
Thank you for your reply. Being new to this I am not sure I can be very open at this early stage of rejection by Ombudsman.
The thing which worries me is that having read the final judgement by the Ombudsman it appears that not sufficient credence has been given to my complaints by the adjudicator and then by the ombudsman. It appears to me that the ombudsman has simply
rubber stamped the views of the adjudicator who in my opinion has not understood many of the points I have made and taken others out of context in his report to the Ombudsman. There is a written element of dishonesty on the part of the Financial Advisor
in relation to submission of the insurance application which in my opinion has been whitewashed. The document is a Replacement
Policy Questionnaire which was completed in my absence by the advisor who had my wife sign it. The advisor also signed the document obviously to verify my signature in order to pass it off. The insurance company say this document does not form part of the contract, yet it was clearly submitted along with the application form which I did sign.
As I was a sole applicant for this insurance then I was the only person authorised to sign documents in relation to it.
The Ombudsman Service in their writings to me have used entries on the replacement policy document against me although the legality of it was at issue.
My claim related to insurance taken out in 1993 but the Replacement Policy Questionnaire did not come to light until I was sent a copy of all the documents when I complained in 2014.
This was the first time I had seen this document and I was very surprised to find it did not contain my signature.
Does a Financial Advisor have a duty of care to his client.
I still have hope that there is a way out of this.
I have rejected the ombudsm

[des8]

Re: Jackh

Hi and welcome
1) the Ombudsman's decision is not binding on the individual, but is on the firm. So you could initiate court proceedings.
2) Financial advisers have a legal duty to exercise reasonable skill and care.

[Jackh]

Re: Jackh

Hi des8
Thank you for your interest in my problem.
The final letter I have received from Ombudsman states that he agrees with adjudicator in turning down my claims and I have to accept or reject it. The letter goes on to say that if I reject the decision then neither I or the company can be bound by it.
The main point of my claim is obviously dishonesty in preparation of the application documents by a Financial Advisor employed by the company. The company refuse to accept this particular document as part of the application even though it was included with the application document. The Policy Replacement Document in question is a document which every applicant who is replacing one insurance with another must sign and submit. You will see from my previous post that my first sighting of the document was in 2014.
The wording at the top of document states "Replacement of any policy by another is seldom in the best interests of the client unless
personal circumstances have changed significantly or no other options are available. State fully what these circumstances are and what options have been considered by yourself and the client"
The sentence above where my signature was required says "I have asked for all the consequences and disadvantages of a replacement sale to be explained to me and confirm that I STILL WISH TO PROCEED WITH THIS APPLICATION". Would anyone not believe this was part of the application document ?

[des8]

Re: Jackh

In what way do you believe this policy was mis-sold, i.e. how was it unsuitable for you?
has it caused you loss?
was there a more suitable product?
was it a "reviewable" whole of life policy?
etc etc

As you have been unsuccessful in obtaining agreement of the ombudsman to a payment from the Financial Services Compensation Scheme (not surprising as only about 20% of claims are successful), your only option is to initiate court proceedings.
To do this you will have to show a quantifiable loss, and your claim is not time barred.

[Jackh]

Re: Jackh

Thank you for observations on this matter.
Without going into detail, the answer is yes to all three questions.
Should any application or contract be void once dishonesty by either party has been introduced or discovered leading to set up?
I am now 81 and have been dealing with this claim for over a year.
Is there anyone out there who would take this on no win no fee

[des8]

Re: Jackh

I'm not in a position to recommend any particular firm but if you google "mis sold life insurance policy" you'll get lots of fora discussions mixed in with various claims companies and solicitors.
I think you'll just have to trawl through them until you find one that suits!