How can I prove that I did not receive two letters
How can I prove that I did not receive two letters sent to me in 1996? My financial adviser, at that time, has stated that he sent two letters informing me that there could be a problem with my pension. Because of that statement I have been told that I am now time barred from claiming compensation for miss selling on my pension the reason given was that I was "three years from the date upon which you became aware or ought reasonably to have become aware that you had cause for complaint". I did not receive the letters but cannot prove it. Even though it would have been in my best interest to act upon the letters if I had received them but coincidentally not in the financial adviser's best interest to have sent them.
You probably can not "prove" you did not receive the letters, unless they were sent to a wrong address, sounds simple but have you actually checked? . So if you cannot prove that you did not receive the letters can you prove the letters were sent? again similarly "impossible" but you might be able to show on balance of probabilities that you didn't get the letters in question. You touch on the principle yourself. It was in your interest to act upon receipt and in your adviser's best interests to not send them. Did you have or do you have a history of acting promptly in response to letters / documents? have you obtained details from the local Royal Mail sorting office with regards to the number of "lost letters" per year. Most sorting offices "loose" millions of letters and packet every year! Do you have "good Character" or your adviser "bad Character" ? have you looked into trading standards complaints or FSA etc ? If you can convince a county court judge that "on balance of probabilities" you did not receive the letters in question (or that they were never sent) the limitation act bar could be removed.
Tags for this Thread
Search Engine Friendly URLs by vBSEO