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The Ombudsman said in October 2004 that the FOS is upholding 45% of mortgage
endowment complaints, but with some firms it is 80%. He says some firms
routinely reject complaints that they know will be upheld if they are
referred to the FOS.
In other areas of financial services, 2% - 5% of complaints are eventually
handled by the FOS, but for endowments it is over 20%.
"One may have expected, after more than three years' experience,
that the FOS caseload of mortgage endowment complaints might have been
reduced, or be largely made up of unjustified complaints. The complete
opposite is happening."
An endowments recovery company said that the worst firms to deal with
are Abbey National, Halifax and Norwich Union. It says Abbey & Halifax
reject most complaints with a standard letter.
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An IFA campaign group, the IFA
Defence Union, is campaigning to overhaul the Financial Ombudsman
Service. They also offer help to IFAs involved with the Ombudsman Service.
The IFADU is approaching the European Parliament, and encouraging IFSa
to contact their MPs.
There are two main areas.
- The lack of an appeal process. A House of Lords review of ombudsman
generally has focussed on the possible need for appeals processes
- Accusations that the FOS becomes a quasi-regulator by judging similar
cases - but it is not clear how else it is supposed to work.
We remain sceptical of the need for any major reform of the structure
on these lines, though there is evidence that some individual case reviews
are botched.
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