Association of Professional Compliance Consultants

The body for compliance consultants who advise firms regulated in the UK.

The APCC is active in enhancing the professional standards of compliance consultants and is recognised as a trade body by the FCA and other regulators. This provides our members with significant benefits in terms of direct access to the Regulators as well as business leads.  The APCC often works in conjunction with the FCA to pilot or test new initiatives, and we also provide with valuable feedback on specific subjects as requested by them.

Home Forums Current issues you are seeing in the industry Time-barred complaint going straight to Court Reply To: Time-barred complaint going straight to Court

#2936

In the past I have seen this happen on a number of occasions – particularly back in the days of mortgage endowment complaints. It sounds like there are a number of possible issues in the background here (old mortgage case, PI firm dealing with it etc.) and, as with any complaint, what may or may not be appropriate will depend on the circumstances of the individual complaint / case. In general terms, though, if someone believes that they have reason to commence a court action then they are entitled to do so. The law does not insist, as far as I am aware, that any available complaints process must be fully explored and exhausted prior to taking a case to court. The ability to dismiss a complaint (or the ability of FOS not to consider it) that is set out in DISP 2.8 is founded in Statute (Limitations) that would also apply to a Court action. If the complainant or someone acting on their behalf wants to take a case to court, they can do; it is possible that the complainant’s representatives know that FOS will not take the case on so they have simply circumvented that. They should realise, though, that the defendant (the adviser or their PI firm on their behalf) may well also seek to have the action time-barred. Hope this helps.