Overturned ‘Time Barred’ case leads to over £6,000 in compensation

Mr and Mrs G procured our services when they responded to a social media advert in February 2021, regarding the possible mis-selling of their Endowment policy. As they were able to provide us with their policy details, we were very quickly able to send a bespoke Letter of Complaint to Foresters Friendly Society and an investigation consequently followed.

 

We were disappointed to find that, as a result of this investigation, Foresters Friendly Society had “Time Barred” the complaint. This means that they believed that our clients should have complained earlier than they did, due to annual “red warning letters” they were supposedly sent to them about the performance of their policy. However, we did not automatically accept this outcome. The firm did not include copies of any of these letters with their decision and so, therefore, we requested evidence of them so that we could review them for details of the specific date by which Mr & Mrs G had to complain, commonly known as the “Time Bar” date. Foresters Friendly Society subsequently could not provide samples of all of these letters but, after scrutiny of the one that they could supply, and our knowledge of the Time Bar rules, we argued that our clients were still well within their rights to complain. This is because the letter in question stated, “if you wish to complain about the original sale of your policy you should take action now”. This statement made it clear to our experts that no “Time Bar Date” had ever been set, as any letter issued after this had been set would not have included this paragraph.

 

In response to our arguments, Foresters Friendly Society were forced to double back,  lift their “Time Bar” decision and, instead, investigate the merits of the complaint. As a result of that investigation, the complaint was upheld and a redress calculation was carried out, which we checked for accuracy before advising Mr & Mrs G to accept it.

 

We are proud that, due to the knowledge and expertise of our eagle eyed and experienced claims managers, our clients ended up with £6099.71 in compensation, which they so rightfully deserved.

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