ombudsman
news
May/June 2005
issue 46
from the Financial Ombudsman Service

essential reading for financial firms and consumer advisers

in this issue
about this issue
using plastic cards as credit-tokens
non-disclosure in insurance cases
mortgage endowment complaints referred to the ombudsman service after the customer has accepted the firm's offer of redress
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about this issue

In this issue we set out our approach to complaints involving disputed plastic card transactions, where the card was used as what the Consumer Credit Act calls a ‘credit-token’ in order to obtain credit. Our case studies include that of a customer who discovered from her statement that her credit card had been used by her son – without her knowledge – to make cash withdrawals totalling £5,000.

We re-visit a topic that has featured in earlier issues – that of ‘non-disclosure’ in insurance cases – the situation where a customer fails to reveal a relevant fact when applying for, or renewing, an insurance contract. We outline some of the principles in the Financial Services Authority’s Insurance: Conduct of Business Rules, introduced in January this year, and set out the approach we take when looking at non-disclosure cases, taking into account both the law and good industry practice.

Finally, we highlight our approach to complaints involving mortgage endowment policies that are referred to us after the customer has accepted the firm’s offer of redress. In these cases, either the firm has failed to pay up or the customer has wanted to re-open the complaint.

  Produced by the publications team at the Financial Ombudsman Service We hold the copyright to this publication. But you can freely reproduce the text, as long as you quote the source. © Financial Ombudsman Service Limited, June 2005.
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