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Old accounts with Very/Shop Direct - FOS exceptional circumstances
Hello,
Hope you’re well and thanks in advance to anyone who reads this.
I had some accounts with Very around 10 years ago and I recently made a complaint to them re: affordability.
The rejected my claim due to the amount of time that had lapsed, so I took my claim to the FOS.
In my email to them to them I explained:
• That I’m aware my claim falls outside of the 6 year period and that I would like to be considered for the ‘3 years from when you could be reasonably aware’ clause
• My reasons for this were that as a consumer, how would I be aware that a large ‘reputable’ company would not carry out relevant affordability checks - back then many of us had an inherent trust in large companies like this
• I only became aware last year when it was discussed on various online outlets and made a successful claim with JD Williams. I did try to complain to Very at the same time but was blocked at each attempt and provided evidence of this
• I have mental health issues, am covered by the Equality Act and the firm - I provided evidence of this, including a doctors letter
The FOS have come back to me to say they can’t look in to my complaint as I no longer have a relationship with Very and they don’t consider me eligible for the 3 year rule and/or exceptional circumstances as I should have been aware at the point I missed payments.
I’ve asked for it to be referred to an Ombudsman, which the employee has skirted around and said he will call me next week to explain his decision, despite me saying I prefer to deal by email.
I’ve asked again for it to be referred to an Ombudsman but would just think to get people’s thoughts on whether I have a case here, and if the FOS’ actions are a bit strange?
thanks in advance
Hope you’re well and thanks in advance to anyone who reads this.
I had some accounts with Very around 10 years ago and I recently made a complaint to them re: affordability.
The rejected my claim due to the amount of time that had lapsed, so I took my claim to the FOS.
In my email to them to them I explained:
• That I’m aware my claim falls outside of the 6 year period and that I would like to be considered for the ‘3 years from when you could be reasonably aware’ clause
• My reasons for this were that as a consumer, how would I be aware that a large ‘reputable’ company would not carry out relevant affordability checks - back then many of us had an inherent trust in large companies like this
• I only became aware last year when it was discussed on various online outlets and made a successful claim with JD Williams. I did try to complain to Very at the same time but was blocked at each attempt and provided evidence of this
• I have mental health issues, am covered by the Equality Act and the firm - I provided evidence of this, including a doctors letter
The FOS have come back to me to say they can’t look in to my complaint as I no longer have a relationship with Very and they don’t consider me eligible for the 3 year rule and/or exceptional circumstances as I should have been aware at the point I missed payments.
I’ve asked for it to be referred to an Ombudsman, which the employee has skirted around and said he will call me next week to explain his decision, despite me saying I prefer to deal by email.
I’ve asked again for it to be referred to an Ombudsman but would just think to get people’s thoughts on whether I have a case here, and if the FOS’ actions are a bit strange?
thanks in advance
