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Endowment victims in race against time.

Deadlines loom for mis-selling complaints.


Time is running out for many of the 700,000 homeowners in the UK that have yet to lodge complaints against the life insurance companies that mis-sold millions of endowment plans - in what is called the biggest scandal in UK financial history. Thousands of Endowment plans were Mis-Sold creating a serious Mortgage Shortfall for thousans of Homeowners.

The insurers decided to introduce time-barring on endowment complaints last year in an attempt to draw a line under the mis-selling scandal.

Some policyholders with Scottish Widows will be barred from claiming as soon as next month. For Standard Life and Norwich Union customers, time-barring will start to take effect in June. Prudential and Legal & General are the only life companies that have not imposed time-bars. Some policyholders with Guardian Assurance and Guardian Linked Life, both part of the Guardian group owned by Aegon UK, have gained a reprieve, however.

This week the Financial Services Authority (FSA) fined Guardian £750,000 for flaws in the way it handles mis-selling complaints. The company will review thousands of complaints it rejected from January 2003 and December 2004.

Which?, the consumer group, says that as many as five million homeowners were mis-sold endowment plans to pay off their mortgages. An estimated 700,000 have already missed their deadlines to complain. Policyholders have three years to complain about mis-selling from the time that they are first told that they face a shortfall on their mortgage.

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The FSA decided in June 2004 that firms must let customers know that the three-year limit is coming up six months before the date bites. Many insurers were caught out by the ruling and were forced to extend the time limit for complaining on some policies to ensure that customers had enough time to complain. Most of the insurers then introduced the arbitrary cut-off dates in an attempt to put a time limit on their own financial liability for mis-selling. But the Financial Ombudsman Service says that some of the time limits are being incorrectly imposed and some time-barred complaints may still be valid.

A complaint may also be upheld if a policyholder can prove that exceptional circumstances prevented him or her from complaining before the deadline. Some claims-handling companies and independent organisations are accusing firms of deliberately flouting the FSA guidelines to avoid paying out. A group of disgruntled policyholders has launched an online petition against time-barring with more than 4,000 signatories. Merryn Myatt, who runs the www.timebar.org site, says: “Innocent people are not being given the chance to prove the guilt of companies involved because they are time-barring them summarily.”

Policyholders who took out an endowment on the advice of an independent financial adviser before the Financial Services Act came into force in April 1988 are not eligible for compensation through the ombudsman. Their only course of action is to complain directly to the firm that sold them the policy, if it still exists.

As a result, Robert and Patricia Birt, of Woodley, Berkshire, are losing hope of being able to claim compensation for the £4,000 shortfall on their Norwich Union policy. The couple took out the policy in November 1986 and have been unable to trace the financial adviser that sold them the endowment. Mrs Birt says: “It seems unfair that just because we took out the policy before 1988, our complaint will go nowhere.”

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Paul Meyer
Editor - Rip-Off Britain

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