Hi RobinBris. Thanks for your feedback, and your reference to the recent AFCA determination. Regrettably, it is not AFCA that is having problems (or will have problems) with the issue of record keeping and legacy complaints, but as usual the poor beleaguered AFS licensee. I note that while AFCA was good enough to comment on the problem for AFS licensees in Case 526729, AFCA saw absolutely no bar to making an award against the AFS licensee. I fear that in future this will also likely be the 'play book' going forward. Expression of concern while 'belting' the licensees with awards against the licensees.
I must say that I am surprised at what appears to have been the approach by the licensee in case 526729. The claim appears to have been outside the limitation period at the time it was raised with FOS (in 2017) yet the licensee did not seek to have the matter dismissed due to the expiry of the limitation period. There was no suggestion at that time in 2017 of the coming "retrospective" approach that would be adopted by AFCA in 2019 - so no reason for the licensee not to seek to have the matter thrown out.
Unfortunately, most licensees handle FOS (now AFCA) matters very poorly - and it costs them both in time and money.
As an aside, I am interested to see the depth into which you have delved on this matter. No, I do not think you have wasted time. This will likely be one of the key issues for the industry this financial year, and I think it is likely that claims of this nature may actually send some licensees into insolvency. I would be keen to keep in touch with you on these type of issues. If you are interested in keeping in touch you should feel free to contact me on my personal email: [email protected]
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