Ombudsman Out of Time Questions

What I need As such, please can you confirm 

• When you first became aware of this issue 

• When you realized the overdraft was causing you financial difficulty 

• When you realized the bank's actions (or its failure to act) might have caused you a loss, or caused financial difficulty 

• What has prompted you to complain now? 

• You mentioned that you discussed the financial difficulty with Natwest? When was this? 

• Are there any exceptional circumstances that prevented you from complaining sooner? 

HOW TO ANSWER

To optimize the chance of the Ombudsman upholding your irresponsible lending complaint against Natwest, it's essential to provide clear and concise answers to their questions. Here's a suggested way to respond to each question:

1. When you first became aware of this issue:

• • State the date or approximate time when you first realized there was an issue with your Natwest account. For example, "I first became aware of this issue in [Month/Year] when I noticed the overdraft balance increasing significantly."

2. When you realized the overdraft was causing you financial difficulty:

• • Mention the specific time or situation when you realized the overdraft was causing financial difficulty. For instance, "I realized the overdraft was causing financial difficulty in [Month/Year] when I began to struggle to cover essential expenses due to the high overdraft charges."

3. When you realized the bank's actions (or its failure to act) might have caused you a loss or financial difficulty:

• • Explain when you first suspected that Natwest's actions or inaction might have contributed to your financial difficulties. For instance, "I began to suspect that Natwest's actions were causing me a loss or financial difficulty around [Month/Year] when I noticed excessive charges and a lack of communication from the bank regarding my account."

4. What has prompted you to complain now:

• • Provide a clear reason for why you decided to make the complaint at this time. It could be a recent financial hardship event, a sudden realization of the bank's wrongdoing, or any other relevant factors. For example, "I am making this complaint now because I recently lost my job, and the financial strain caused by the overdraft has become unbearable."

5. You mentioned that you discussed the financial difficulty with Natwest. When was this:

• • Specify the date or timeframe when you had discussions with Natwest about your financial difficulties. If you have records of these discussions, mention that as well. For instance, "I discussed my financial difficulties with Natwest in [Month/Year] during a phone call with their customer support team. I have records of this conversation."

6. Are there any exceptional circumstances that prevented you from complaining sooner:

• • If there were any exceptional circumstances that delayed your complaint, explain them in detail. For instance, "Yes, there were exceptional circumstances that prevented me from complaining sooner. I was dealing with a serious illness that required my full attention and left me unable to address my financial issues until now."

Ensure your responses are factual and supported by any relevant documents or evidence you may have. Be honest and clear in your communication with the Ombudsman. The more specific and well-documented your responses are, the stronger your case will be.

REMEMBER that the Ombudsman will be looking to see if you made the complaint within 3 years of finding out that you can complain!!

EXAMPLE RESPONSE

1. When you first became aware of this issue:

"I first became aware of this issue in January 2020 when I noticed that my overdraft balance was constantly increasing despite making regular payments. This raised concerns about the bank's lending practices."

2. When you realized the overdraft was causing you financial difficulty:

"I realized the overdraft was causing financial difficulty around April 2020. At that time, I found it increasingly challenging to pay my bills and cover basic living expenses due to the overdraft charges and fees that were accumulating."

3. When you realized the bank's actions (or its failure to act) might have caused you a loss or financial difficulty:

"I began to suspect that Natwest's actions might have caused a loss or financial difficulty in July 2020 when I noticed that they were continuously approving overdraft extensions without conducting a proper assessment of my financial situation. Their lack of communication and proper checks raised red flags."

4. What has prompted you to complain now:

"I am making this complaint now because my financial situation has reached a critical point. I lost my job in December 2022, and the overdraft charges have become unmanageable. This recent hardship has forced me to seek resolution to my long-standing concerns."

5. You mentioned that you discussed the financial difficulty with Natwest. When was this:

"I discussed my financial difficulties with Natwest in May 2021. I initiated contact with their customer support, explaining my concerns about the overdraft and my struggles. I have records of this conversation which demonstrate my efforts to address the issue with the bank."

6. Are there any exceptional circumstances that prevented you from complaining sooner:

"Yes, there were exceptional circumstances that prevented me from complaining sooner. In 2020, I was diagnosed with a severe medical condition that required extensive treatment and hospitalization. My focus was primarily on my health and recovery, which made it impossible for me to address my financial concerns during that period."

In your responses, it's crucial to be specific, provide dates or timeframes when possible, and support your claims with evidence, such as records of discussions with the bank, bank statements, and medical documentation if applicable. Your goal is to build a clear and compelling case that demonstrates the bank's irresponsible lending practices and the impact on your financial well-being.

HOW TO ANSWER

It's important to keep in mind that your situation is unique, and these are just suggestions to help you organize your thoughts. If possible, consider seeking help from a trusted friend, family member, or a financial advisor to guide you through this process.

• When you struggled to make payments on your credit card did you think the lender had done anything wrong at this point?

  • If you found it difficult to make payments, you could explain the specific reasons that led to your financial difficulties.

  • Mention if you were relying on credit more than you should have, or if you experienced any unexpected changes in your financial situation (job loss, health issues, etc.).

  • If you felt that the credit card limit was too high given your circumstances, you could mention that as well.

• Why didn't you blame Barclaycard when the credit card defaulted in December 2018?

  • Explain if you were not fully aware of your rights as a consumer and the responsibilities of lenders when it comes to responsible lending.

  • If you were dealing with multiple financial issues during that time, you could mention that these issues might have overshadowed your focus on the credit card issue.

  • You might also consider explaining any emotional or mental challenges you faced during this period that made it difficult to take action.

• What caused you to raise the complaint at this time?

  • If you became aware of Barclays' responsibility for responsible lending through news articles, conversations, or other means, mention that as a trigger.

  • If you reached a point where you could focus more on resolving the credit card issue due to improvements in your overall situation, mention this.

  • You could also explain if you were encouraged to file the complaint by anyone, such as a friend, family member, or a financial advisor.

Remember, the Financial Ombudsman is there to help you and they understand that some individuals may need more assistance than others. If you're struggling to provide the information they're asking for, don't hesitate to reach out to them and explain your situation. They might be able to offer guidance or support to help you navigate the process.

EXAMPLE RESPONSE

Subject: Response to Questions Regarding Complaint Against Barclaycard

Dear [Ombudsman's Name],

I hope this email finds you well. I am writing to provide further information in response to the questions you posed regarding my complaint against Barclaycard's handling of my credit card account. I appreciate your understanding of my situation as a vulnerable individual and your willingness to assist me through this process.

• When you struggled to make payments on your credit card did you think the lender had done anything wrong at this point?

  • I began to struggle with credit card payments due to a sudden job loss in [month/year]. This unexpected loss of income severely impacted my ability to meet my financial obligations.

  • In retrospect, I now understand that Barclaycard's initial credit limit was significantly higher than what was affordable for me given my income and financial commitments at the time. However, during that period of distress, I was focused on finding ways to manage my immediate financial crisis rather than questioning the lender's practices.

• Why didn't you blame Barclaycard when the credit card defaulted in December 2018?

  • As I was dealing with job loss, I faced a cascade of financial difficulties including housing expenses and basic necessities. The credit card default unfortunately got buried under these pressing concerns.

  • It was only later, after seeking advice and becoming more informed about responsible lending practices, that I realized the potential role of Barclaycard's lack of thorough affordability checks in contributing to my financial predicament.

• What caused you to raise the complaint at this time?

  • Over the past months, I've taken significant steps towards stabilizing my financial situation. This includes finding new employment and seeking guidance from financial advisors who have educated me on responsible lending practices.

  • During conversations with these advisors, I learned about the obligations that lenders like Barclaycard have to ensure responsible lending and affordability checks. Recognizing that these checks were not adequately performed in my case, I felt compelled to raise the complaint and seek justice for the financial challenges I've faced.

I sincerely hope that this response provides you with a clearer understanding of my situation and the factors that led to the delayed complaint. The burden of my vulnerable state, coupled with limited awareness of consumer rights, contributed to my previous inaction.

I kindly request your understanding and assistance in this matter. I believe that upholding my complaint could not only provide me with the relief I need but also ensure that vulnerable individuals like myself are better protected from such lending practices in the future.

Thank you for your time and consideration.

Sincerely,

[Your Full Name] [Your Contact Information]

ANOTHER  EXAMPLE OF QUESTIONS

THE QUESTIONS

1 - What concerns do you have regarding the product?

2 - Why do you believe the product was mis-sold?

3 - Has there been any financial impact and cost to you? And what would this financial impact be?

4 - When you took out the product had you taken out similar products before?

5 - Did you have any particular requirements when taking out the borrowing and did you understand the details?

6 - If you recall, were any alternatives offered?

7 - Why was the claim not submitted sooner as the firm suggest it should have? (this is the most important question and will require some significant details to counter their argument)

HOW TO ANSWER

It's important to provide honest and accurate information in your responses that will CONVINCE the Financial Ombudsman that they SHOULD use their DISCRETION to investigate the matter which the lender claims is out of time.

1. Concerns Regarding the Product:

Outline specific concerns you had with the product. If there were terms, conditions, or features of the product that you found unclear, misleading, or unsuitable for your financial situation, explain them in detail.

Example: "I had concerns regarding the product due to the lack of clarity regarding its interest rates and fees. The terms and conditions were presented in a complex manner, making it difficult for me to fully understand the potential financial impact. This lack of transparency raised doubts about the suitability of the product for my financial circumstances."

2. Mis-Selling of the Product:

Explain why you believe the product was mis-sold to you. Provide specific instances or reasons that led you to believe the product was not appropriate for your needs or that you were not adequately informed about its terms and conditions.

Example: 

"I firmly believe that the  product was mis-sold to me. During the application process, the sales representative emphasized only the benefits of the product while downplaying its potential risks and costs. This misrepresentation led me to believe that the product was a cost-effective borrowing solution, when in reality, the hidden fees and high interest rates made it unsuitable for my needs."

3. Financial Impact and Costs:

Describe any financial impact you experienced as a result of the product. This could include extra fees, interest charges, or other financial burdens that you believe were a direct result of the mis-sold product.

Example: 

"The mis-sold product has had a significant financial impact on me. The undisclosed fees and escalating interest rates resulted in substantially higher monthly payments than initially anticipated. Over the years, I estimate that I have paid an additional £X in interest charges and fees, leading to a substantial financial burden that could have been avoided if I had been properly informed."

4. Prior Experience with Similar Products:

Discuss any previous experience you had with similar products before taking out the lender's product. If you had taken out similar products in the past and understood them well, it could bolster your argument that the mis-sold product was an anomaly.

Example: 

"I had taken out similar products in the past and had a good understanding of their terms and conditions. However, the lenders product was presented as a unique offering that would better suit my needs. This misleading information influenced my decision to proceed with the product, despite my prior experience with similar financial products."

5. Understanding of Details and Requirements:

Explain your understanding of the details of the product when you initially took it out. Were there any terms, conditions, or aspects of the product that you did not fully comprehend at the time? This can help demonstrate that you were not provided with adequate information.

Example: 

"At the time of taking out the lender's product, I had a limited understanding of its details and requirements. The terms were explained in a rushed manner, and I was not given adequate time to ask questions or seek clarification. This lack of proper explanation left me with an incomplete understanding of the product's implications."

6. Offered Alternatives:

Recall if any alternatives were offered to you at the time you took out the product. If you were not presented with other options or if the alternatives were not adequately explained, this could support your claim of mis-selling.

Example: 

"I do not recall being offered any viable alternatives when I took out the lender's product. The sales representative focused solely on promoting the benefits of the product I ultimately chose. Had I been presented with alternative options and their respective advantages and disadvantages, I may have made a more informed decision."

7. Reason for Delay in Submission:

Address the firm's argument that your claim was submitted outside the specified time limits. Provide detailed and specific reasons for the delay. These could include factors such as personal circumstances, lack of awareness of your rights, or difficulty in obtaining relevant information. If you can provide evidence or documentation that supports your reasons for delay, it may strengthen your case.

Example:

"The delay in submitting the claim was primarily a result of unforeseen and challenging personal circumstances that significantly impacted my capacity to address financial matters in a timely manner. During the period when the product was active, I faced a succession of unexpected events, including a serious medical issue and a significant family crisis, which demanded my full attention and resources. Consequently, my ability to fully comprehend my rights and the option to submit a complaint was hindered.

It was only recently that I became aware of my grounds for complaint after watching a television program featuring Martin Lewis. His comprehensive explanation of lenders' irresponsible lending practices resonated with my own situation, leading me to realize that I had fallen victim to such practices. This revelation prompted me to take immediate action to pursue a resolution and explore the appropriate avenues to address the mis-selling of the product."

Remember, the key to a successful claim is to provide clear and detailed information that supports your assertion that the product was mis-sold to you. 

QUESTIONS IN OTHER FORMATS

EXAMPLE RESPONSE

Subject: Re: Providing Further Details Regarding Irresponsible Lending Complaint

Dear [Recipient's Name],

I extend my gratitude for your swift response and understanding of the challenges I am facing due to my financial situation. Your commitment to resolving this matter is truly appreciated. In light of your request, I am writing to furnish you with more information to bolster my complaint concerning the irresponsible lending practices of Barclays.

Timeline of Events: The revelation of the impact of Barclays' lending practices on my financial stability came to the forefront in the latter part of 20XX. It was during this period that I began experiencing significant health challenges, which subsequently affected my mental well-being. As my health deteriorated, I encountered difficulties in managing my finances effectively.

Barclaycard Limit Increase: The most pivotal credit limit increase materialized in [Month, Year]. Prior to this juncture, I had been judiciously managing my Barclaycard, diligently making payments on time and keeping my credit utilization well-balanced. However, the substantial credit limit escalation triggered a shift in my spending behaviour, leading to an escalation in debt that was arduous to handle given my compromised health.

Awakening to the Mistake: The realization that Barclays' actions were aggravating my financial and mental turmoil dawned on me in [Month, Year]. As my health deteriorated, I found myself grappling to meet the escalating monthly payments that the augmented credit limit had engendered. This created a mounting burden, contributing significantly to my heightened stress levels and exacerbating my mental health struggles.

Impact on Health and Mental Well-being: It is imperative to emphasize that my health and mental well-being have been adversely affected by the intersection of these financial challenges. The relentless cycle of debt and increasing payments has perpetuated stress and anxiety, exacerbating my health condition and prolonging my recovery. I believe that the credit limit increases, while well-intentioned initially, inadvertently contributed to a situation that negatively impacted my overall quality of life.

Request for Timely Response: I commend your dedication to addressing this issue in a timely manner. Your proposed deadline of [specific date next week] aligns well with my desire to bring about a resolution swiftly. I am committed to providing any additional documentation or information that may substantiate my claims and assist in your investigation.

I hope that by sharing these personal details, it is evident that my concerns stem from a complex interplay of financial challenges and health-related issues. My goal is not only to rectify the current situation but also to establish safeguards that prevent others from encountering similar predicaments.

Thank you once again for your attentiveness to my plight and your commitment to assisting me during this challenging period.

Kind regards,

[Your Name] [Your Contact Information]

Subject: Response to Questions Regarding Irresponsible Lending Complaint - Mental Health Impact

[Your Name]

[Your Address]

[Postcode]

[Date]

The Financial Ombudsman Service

[Address]

[Postcode]

Dear Sir/Madam,

Re: Irresponsible Lending Complaint - Response to Mental Health Impact Questions

I hope this letter finds you well. I am writing in response to your recent inquiry regarding the impact of my mental health on my ability to perform day-to-day tasks and on the timing of raising my complaint regarding irresponsible lending.

I would like to provide a thorough explanation of how my mental health has affected me in these areas:

Impact on Day-to-Day Tasks:

My mental health condition has significantly affected my daily life. There are times when I struggle with basic tasks such as getting out of bed, maintaining personal hygiene, and preparing meals. This condition often leads to feelings of lethargy, anxiety, and low self-esteem. Consequently, I find it challenging to focus on financial matters, including reviewing loan agreements and assessing whether they were responsibly provided.

Additionally, my mental health condition has resulted in frequent absences from work due to anxiety and depression, which in turn has affected my financial stability. These periods of illness have made it difficult for me to address my financial concerns promptly.

Effect on Raising Complaint Sooner:

My mental health condition has played a significant role in my delay in raising the complaint regarding irresponsible lending. The following factors contribute to this delay:

• a) Lack of Mental Clarity: My mental health issues have often clouded my judgment and decision-making abilities. This lack of mental clarity made it challenging for me to recognize and comprehend the complexities of my financial situation.

• b) Stigma and Shame: There is a stigma associated with mental health issues, and this has made me hesitant to discuss my financial difficulties with others or seek assistance sooner. I felt ashamed and isolated, which further delayed my willingness to address my financial concerns.

• c) Overwhelming Stress: Dealing with mental health issues is inherently stressful. This stress exacerbated my financial worries, making it difficult for me to confront them head-on. The combination of these stresses led to a sense of hopelessness and procrastination.

In summary, my mental health condition has had a profound impact on my daily life, making it difficult for me to focus on financial matters and, at times, even meet basic daily requirements. It has also played a pivotal role in my delay in raising the complaint regarding irresponsible lending due to the factors mentioned above.

I appreciate your understanding and assistance in this matter. Please let me know if you require any further information or clarification. I look forward to your guidance and support as I work through this issue.

Yours sincerely,

[Your Name]

SAME QUESTIONS PHRASED DIFFERENTLY

To help me to investigate your complaint please provide the following information.

Why didn’t you blame the lender sooner?

When you struggled to make the payments on the credit card, why didn’t you think the lender had done anything wrong?

When the account the account became delinquent and sold, why didn’t you think to blame the lender at this point.

Did you think the lender had done something wrong when the account was sold? Or did you think at this point it was wrong of the lender to provide you with the credit card?

When did you find out you could complain about unaffordable/irresponsible lending, and when did you realise the lender might have done something wrong?

Were there any exceptional circumstances which prevented you from bringing the complaint sooner

RESPONSES

Response to the question: "Why didn’t you blame the lender sooner?"

I appreciate your inquiry into the timeline of when I raised concerns about the lender's actions. It's important to note that my understanding of lending practices and consumer rights evolved over time. Initially, I may not have been aware of my rights or the lender's responsibilities, which could explain why I didn't attribute blame to the lender sooner. As I became more informed about lending regulations and the concept of affordability, I started to recognize potential issues with the lender's actions. I recently saw a program by Martin Lewis who explained in plain English what irresponsible lending was and it became obvious that I was a victim of irresponsible lending practices.

Response to the question: "When you struggled to make the payments on the credit card, why didn’t you think the lender had done anything wrong?"

When I first encountered difficulties in making credit card payments, I didn't immediately assume that the lender had acted wrongly. Like many consumers, I initially attributed my financial challenges to personal circumstances and mismanagement. It was only later, as I learned more about responsible lending and affordability assessments, that I began to question whether the lender had adequately considered my financial situation when extending credit to me.

Response to the question: "When the account became delinquent and sold, why didn’t you think to blame the lender at this point?"

When the account became delinquent and was subsequently sold, my primary concern was resolving the outstanding debt rather than placing blame on the lender. At that point, my focus was on addressing the financial consequences of the situation. It wasn't until I gained a better understanding of my rights and the lender's obligations that I began to consider whether the lender's actions may have played a role in the account's delinquency.

Response to the question: "Did you think the lender had done something wrong when the account was sold? Or did you think at this point it was wrong of the lender to provide you with the credit card?"

Initially, when the account was sold, I didn't immediately attribute blame to the lender for the sale itself. My primary concern was managing the debt. However, as I educated myself about lending standards and affordability assessments, I began to question whether it was indeed wrong of the lender to provide me with the credit card in the first place. This realization prompted me to explore the possibility of irresponsible lending on the part of the lender.

Response to the question: "When did you find out you could complain about unaffordable/irresponsible lending, and when did you realize the lender might have done something wrong?"

I became aware of the possibility of complaining about unaffordable or irresponsible lending at a later stage, well after I had encountered financial difficulties with the credit card. My understanding of consumer rights and regulatory standards grew over time, and it was only then that I began to realize that the lender might have acted inappropriately. This realization prompted me to explore the option of lodging a complaint.

Response to the question: "Were there any exceptional circumstances which prevented you from bringing the complaint sooner?"

While there were no exceptional circumstances that prevented me from bringing the complaint sooner, my delayed action can be attributed to a lack of awareness and understanding of my rights as a consumer. Once I gained a clearer understanding of lending regulations and affordability assessments, I promptly took steps to address the situation and initiate this complaint.

EXAMPLE RESPONSE

[Your Name] 

[Your Address] 

[City, Postcode] 

[Date]

Financial Ombudsman 

Service Exchange 

Tower London 

E14 9SR

Re: Response to Questions Regarding Irresponsible Lending Complaint Case Reference: [Your Case Reference]

Dear Sir/Madam,

I hope this letter finds you well. I am writing in response to your recent inquiry regarding my irresponsible lending complaint against [Business Name]. I appreciate your assistance in addressing this matter and providing a fair resolution.

Regarding your questions:

1. Did you know at this point that the business had lent to you irresponsibly?

At the time when the default occurred in November 2018 and when [Business Name] began contacting me in January 2019 about the arrears and the possibility of defaulting the account, I was indeed aware of the financial difficulties I was facing. While I had concerns about the affordability of the credit provided by [Business Name], I did not have a comprehensive understanding of the concept of "irresponsible lending" as defined under the Consumer Credit Act. However, I was aware that the credit limits initially provided by [Business Name] and their subsequent increases were significantly higher than what I believed to be affordable for me, given my income and existing financial commitments.

2. Can you confirm if you were aware that the business' lending was unaffordable for you at the time the business was increasing the limits?

Yes, I can confirm that I had concerns about the affordability of [Business Name]'s lending practices when they were increasing the credit limits on my account. These concerns were based on my personal financial situation and the fact that the credit limits far exceeded what I considered to be manageable given my income and existing financial obligations. While I may not have used the specific term "unaffordable lending" at the time, I was aware that the credit limits were not in line with my financial capacity.

I appreciate your understanding of my perspective on this matter and your assistance in evaluating the case. Please let me know if you require any additional information or documentation to proceed with the investigation. I understand the importance of a thorough examination of the facts to determine whether irresponsible lending practices occurred.

I will ensure that my response is provided by the requested date of [Response Due Date]. If there are any further questions or concerns, please feel free to reach out to me via email at [Your Email Address] or by phone at [Your Phone Number].

Thank you for your attention to this matter, and I look forward to a fair and just resolution.

Yours sincerely,

[Your Name]

OUT OF  JURISIDICTION - CAUSE FOR COMPLAINT

OMBUDSMAN RESPONSE:

I've given this careful thought and I appreciate the points you've made, but unfortunately the complaint falls outside of our jurisdiction. I'll explain why. Being unaware that you can complain (as you've indicated in your recent email) isn't the same as being unaware of a cause for complaint. And we can only consider when you became aware - or reasonably ought to have become aware - of a cause for complaint under the rules set for us by the industry regulator. We have no discretion in the application of these rules. He said if I don't acept then I need to respond before November 28. 

WHAT IT MEANS:

The ombudsman is making a distinction between two concepts:

1. Being unaware that you can complain:
   This means not knowing about the formal process to file a complaint with the ombudsman or another regulatory body. For example, you might not have realized that the Financial Ombudsman Service exists or that you could bring your issue to their attention.
   
   

2. Being unaware of a cause for complaint:
   This refers to the point in time when you became aware (or reasonably should have been aware) that there was something wrong or unfair that could be challenged—for instance, realizing that the lender didn’t carry out proper checks or that the lending terms were irresponsible.
   
   

Why This Distinction Matters:

The ombudsman’s rules (set by the regulator) are focused on when you knew—or should reasonably have known—about the cause of complaint (e.g., the issue with the lending). They are not concerned with when you learned about your right to complain or how to complain. Essentially, their argument is that the clock for their time limits starts ticking when you became aware of the problem, not when you found out that you could raise it with them.

What You Can Argue:

If you want to challenge this, you can argue that you didn’t reasonably know you had a valid cause for complaint until recently because:

1. You didn’t have the knowledge or understanding of the issue earlier:
   For example, if you didn’t know that the lender’s checks were inadequate or that they were supposed to follow certain rules, you might not have recognized there was a problem to complain about.
   
   

2. Circumstances prevented you from identifying the issue earlier:
   If personal, financial, or health-related challenges delayed your awareness, explain these clearly.
   
   

The key is to show that while you may have been affected by the lending practices earlier, you didn’t have enough information or understanding to recognize that it was something you could challenge.

Response Strategy:

1. Focus on the Reasonableness of the Delay
   If there were genuine reasons for not realizing you could complain sooner (such as lack of knowledge, health issues, or personal circumstances), emphasize these. Explain why it was not reasonable to expect you to know of your rights earlier. Be specific about the factors that prevented you from acting sooner.
   
   Example:
   
   
   "While I understand the ombudsman’s position, I would like to emphasize that I was not reasonably aware of my ability to raise a formal complaint. It was only after learning of this option through recent media coverage that I realized I could take action. Prior to this, I had no reason to believe the issues I experienced were subject to regulatory scrutiny or that they could be investigated. I respectfully ask you to reconsider the application of the time-bar in light of these exceptional circumstances."
   
   
   

2. Request Escalation for Review
   If the initial decision-maker at the ombudsman service cannot deviate from the rules, you could request that a senior case handler or ombudsman review the case. This is especially helpful if you believe the decision didn’t account for all the facts you’ve presented.
   
   Example:
   
   
   "I would also kindly request that this matter be reviewed by a senior case handler or an ombudsman to ensure that all aspects of my situation, particularly those relating to my knowledge of my rights and ability to act, have been fully considered."
   
   
   

3. Point Out Any Ambiguities or Contradictions
   Review their reasoning carefully. If they mentioned when they think you “reasonably ought to have known” about the complaint, challenge it if you believe their assessment is flawed. For instance, if they suggest a time frame that doesn’t match your personal situation or circumstances, explain why.
   
   

4. Include Supporting Evidence
   If you have documentation that supports your position (e.g., evidence of health issues, financial struggles, or limited access to advice or information at the relevant time), provide this.
   
   

5. Seek an Independent Appeal if Necessary
   If the ombudsman upholds its decision and you still feel it’s unfair, consider escalating your case to an independent review body or, in some cases, a judicial review. While these are more complex routes, they can sometimes be effective if there’s a clear procedural issue or unfair application of rules.
   
   

Template Response:

You could use this as a starting point for your reply:

Subject: Response to Jurisdiction Decision – [Your Reference Number]

Dear [Case Handler's Name],

Thank you for your recent response regarding my complaint. While I appreciate the care taken to review my case, I respectfully disagree with the conclusion that my complaint falls outside your jurisdiction.

I would like to provide additional context to support my position:

1. I was genuinely unaware of my ability to make a formal complaint until I encountered [specific source, e.g., "a program with Martin Lewis"]. Prior to this, I did not understand that the issues I experienced constituted grounds for a regulatory complaint.
   
   

2. Due to [any relevant personal circumstances, e.g., health issues, lack of financial expertise, or other barriers], it would not have been reasonable to expect me to know about my right to raise a complaint sooner.
   
   

3. I kindly request that this matter be escalated for review by a senior case handler or ombudsman to ensure that all aspects of my situation have been fully and fairly considered.
   
   

I appreciate your time and look forward to your response.

Yours sincerely,
[Your Name]