Time Bar Challenge
BrunelFranklin.com and CPH Financial Service have launched a legal challenge against the practice of endowment providers using a timebar to prevent claims being made for underperforming endowment policies.
Brunel and CPH have made a request for a judicial review, to establish if setting a time frame in which a complaint must be registered is fair and legal.
At present, endowment providers can "time bar" a complaint if the consumer makes the claim more than three years after they first receive a letter warning them of a "high risk" of shortfall on their policy.
Firms must also send out a "red letter" six months before the deadline, informing the consumer of the impending date.
It is estimated that the number of people affected by time barring exceeds 2 million.
Ian Allison, corporate relations director at BrunelFranklin.com, said:
"This is a very exciting day for us all.
We have been aggressively lobbying against time bars for three years and we are now reaching a point where there is a serious chance of a positive outcome for all those people who have been time barred.
We have always believed the time bar process and the communications with consumers was wrong and fundamentally flawed.
Many customers never received shortfall letters. For those that did, the letters never mentioned the issue of a mis-sale.
The use of these letters therefore to legally start the time bar clock ticking is a disgrace. This was never fair and we believe a judicial review will find in favour of the consumer."
I wish them well with their challenge. The fact remains that the insurance companies will do whatever they can, to avoid taking responsibility for the endowment mortage scandal.