Originally posted by stevesouth33
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Time barring and pre-2005 sales
Some firms argued that complaints about pre-2005 sales should not be included in the
scope of our Handbook provisions because they are all or mostly already out of time to be
considered on their merits (i.e. they are ‘time barred’ under our existing DISP rules).33
We disagree with this view. Decisions concerning the time barring of individual
complaints are ultimately for the FOS to make, but in general terms, our view (as set
out in CP10/6 para 3.14), is that general media coverage of the PPI issue, including
comments or publications by us, would not be enough to have given a consumer the kind
of specific ‘constructive knowledge’ required by DISP’s time limits.34
Accordingly, while some consumers who bought PPI before January 2005 may, on an
assessment of their individual circumstances and events, be deemed to have had appropriate
awareness before January 2008, such that they will be out of time by January 2011, our
view is that this is unlikely to apply to consumers generally (though that is ultimately a
decision for the FOS to make concerning complaints referred to it).
Conclusion on pre-2005 sales
There is nothing in firms’ responses which leads us to consider it necessary to retract
from our statement in the open letter concerning pre-2005 sales or to carve out
complaints about these sales from the scope of our final provisions. To do either would
leave substantially unaddressed the poor handling of a very significant proportion of PPI
complaints, and thus the significant potential consumer detriment caused by many of
these sales.
Well done for persevering with the FSA about the inaction of RBS. This is precisely the right thing to do - not just for your own claim but making the FSA aware of RBS's delinquency in dealing with complaints generally.
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