Fos: 'The time-bar rule stands'

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The Financial Ombudsman Service has stated it will not be bullied by legal threats and will only overturn endowment time-bars where "exceptional circumstances" exist.

The comments follow a legal challenge submitted by CPH Financial Advisory Services and Donns Solicitors about a couple whose endowment case against Friends Provident was time-barred. The challenge resulted in the time-bar being overturned – allegedly because the couple’s physical disability and state of confusion were seen as “exceptional circumstances”. CPH believes the Fos has changed its policy as a result of the threat of judicial review and suggests it will open the floodgates to more time-bar decisions being overturned. But Emma Parker, press officer at the Fos, says there has be...

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