This section answers a number of frequently-asked questions (FAQs) about:
there are time limits for consumers making a complaint - when is a complaint “out of time”?
The complaints-handling rules set time limits for consumers to refer complaints to the ombudsman. After these time limits have expired, the business can choose to object to the ombudsman looking at the complaint on the grounds that it is “time-barred”.
Generally, these time limits are:
Special rules on time limits apply to mortgage endowment complaints.
Under the rules, we have the discretion to look at complaints that fall outside these time limits in “exceptional circumstances”. An example of this might be if the consumer was incapacitated during the period when they could have complained.
We can also look at a complaint that falls outside these limits where the business does not object to our doing so. Some businesses are happy for the ombudsman to consider all complaints made against them, even if the consumer has missed the official time limits.
But if a business wants to object to the ombudsman considering a complaint – because it believes the time limits have already expired – the business must let us know as soon as possible. Generally, if a business wants to raise any issues relating to time limits, it should do so in its final response letter to the consumer.
For the purposes of applying time limits, the date a complaint is referred to the Financial Ombudsman Service is taken as the date the consumer contacts us and indicates that they want the ombudsman to consider the matter – as long as their complaint is at the stage where we can consider it.
This is when the business has already issued a final response letter or has had at least eight weeks to consider the complaint. Our complaint form may be submitted at a later date.