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Have you complained to the Ombudsman yet please?
Last week I spoke on the phone to the ombudsman's office, they sent me their forms after I'd given a basic outline of my complaint. I'd sent a complaint to my insurers and was surprised they immediately escalated it, Their reply was therefore their final answer, even though the person said they didn't understand what I meant.. My questions to you re the 6 year period are because I want to be accurate in what I say when submitting my reply to them, as to how that might be a problem should we wish to sell our house some time in the future.. I gave a basic outline of my complaint to the
Hello Alex, Thank you for your message. Sorry, last few repeated words of my reply I meant to delete, but it whizzed off before I could do so.
I would usually advise you take the following steps:
1) Complain directly to the insurer
But it sounds like you have already done this and got a final response
2) Once you have this the next step is the Ombudsman
They are independent and free and offer an investigatory service
Their website is: www.financial-ombudsman.org.uk
If they do not uphold your complaint then the only option is Court:
3) For this you would need to write to the insurer and set out your losses.
You should to write and set out your losses and ask for a refund within 14 days or say you will go to Court. Make sure you send this recorded delivery and keep a copy. If they refuse then you can issue proceedings which can be done online at: www.moneyclaim.gov.uk or by competing form N1 at: https://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
The Court will then issue the claim which will be sent to the seller and they will have a limited time to defend it, if not you can enter Judgment and enforce it. If the matter is defended it will be set down for a hearing. If the losses are £10,000 or less then it will be a small claim and you do not need representation. Can I clarify anything for you about this today please?
Thank you for your reply. How I can find out the answers to the 3 queries I made re the 6 year saga please? I'd like to know where I stand re this for my own peace of mind, and would like to include facts about it in my response to the Ombudsman. They are namely a)would we have to declare we have further years to go re the 6 year period? b)would this 6 year period put off buyers, making our house unsaleable?Does the 6year period apply to everyone, including the council, or would it not apply to the council?
You can ask for information under the Data Protection Act. But they only have to keep records for a 'reasonable time' which is normally around 5-6 years.
You can't claim beyond 6 years because of the Limitation Act 1980.
But Data Protection - yes 6 years applies to everyone
Does that assist?
Hello, yes that helps a lot. Thank you so much. DMJ
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