On 2 November 2022, the Financial Ombudsman Service (FOS) published online guidance, providing information on the types of complaints the FOS sees and resolves about mobile phone and gadget insurance. The FOS also shares case studies that illustrate their approach.
The FOS has provided information for customers and businesses:
The guidance for customers sets forth that customers often complain to the FOS that the:
- Policy was mis-sold
- Policy wording was misleading
- Insurer refused to pay the claim
- Policy continued beyond the phone contract
- Policy was automatically renewed
- Replacement is a refurbished phone or gadget and not a brand new one.
The FOS’ general approach is that customers should be put back in the position they would have been if the problem had not happened.
The guidance sets forth that when a business receives a complaint, they should reply to the customer within the relevant time periods.
If a customer complains and the business does not respond within the time limits, or the customer disagrees with the response, the customer can bring a claim to the FOS, which will then be investigated. In such a case, the FOS expects the business to demonstrate that they have investigated the complaint thoroughly and have reflected carefully on the circumstances.