How to File an Ombudsman Complaint for Mis‑Sold Products

When you believe you have been mis‑sold a product - whether a financial product such as insurance, a loan add‑on, or another regulated service - making a complaint to an ombudsman can be an effective way to seek redress without going to court. This article explains in clear, practical terms how to file an ombudsman complaint in England and Wales, what steps you need to follow, relevant time limits, what evidence you will need, and what outcomes you can expect.

The primary ombudsman for mis‑selling of regulated financial products and services is the Financial Ombudsman Service (FOS). Other ombudsman schemes exist for other sectors (for example utilities or telecommunications), but this guide focuses on the process used for financial mis‑selling where the FOS has jurisdiction.

What an Ombudsman Is and When You Can Use One

An ombudsman is an independent adjudicator that can investigate complaints about companies and determine what is fair and reasonable based on the evidence. Ombudsman decisions are free for consumers and often faster and more accessible than going to court.

You can generally take a complaint to the FOS when:

• You have been mis‑sold a regulated financial product (for example insurance, PPI, loans, credit, investments).
• You have already made a complaint to the business itself and received a final response letter.
• You have not had a satisfactory resolution from the business.
• You contact the FOS within the applicable time limits (usually within six months of the final response).

The FOS deals with disputes involving banks, lenders, insurers and other financial companies - not ordinary retail mis‑sales of consumer goods outside the financial sector (those are generally dealt with via consumer rights claims or Trading Standards).

Step 1 - Complain Directly to the Company

Before the FOS can consider your case, you must first complain to the business that sold you the product using its internal complaints procedure. This is a formal requirement.

• Contact the company in writing and explain why you believe the product was mis‑sold.
• Provide dates, policy or account details, and explain what outcome you want (refund, compensation, cancellation of a product etc.).
• Request a final response letter if they do not agree to your complaint.

Many companies are required to respond within eight weeks. If they do not, that delay is treated as a final response enabling you to go to the FOS.

Step 2 - Obtain the Final Response

The final response is crucial. It is a letter from the business that summarises:

• What you complained about.
• What they decided.
• Why they decided it.
• What remedy (if any) they are offering.
• How to escalate the complaint to the Financial Ombudsman Service.

If you do not receive a final response within the expected timescale or the company refuses your complaint, you can proceed to the FOS.

Step 3 - Check the Time Limits

Once you have the final response letter, you generally need to make your ombudsman complaint within six months of the date of that letter. If you delay beyond this deadline, the FOS may not be able to consider your case, although sometimes they have discretion in exceptional circumstances.

Time limits for complaining to the business itself may also apply depending on the type of product - for example historic PPI mis‑selling had a deadline of 29 August 2019 for initial complaints, but you could still take cases to the FOS if you complained to the business before that deadline and are within the six‑month period for escalation.

Step 4 - Start Your Complaint with the Ombudsman

There are two main ways to initiate your complaint with the Financial Ombudsman Service:

A. Online Complaint Form

Visit the official FOS website and use the complaint checker and online complaint form. This helps you confirm whether your complaint is suitable and ready to submit:

• The complaint checker asks questions about your situation.
• If eligible, it will guide you to the online form.
• You fill in details about your complaint, upload supporting documents, and submit it.

B. Phone or Written Submission

You can also call the FOS on the numbers provided by their website or send a letter with:

• Your name and contact details.
• The business name and account or policy reference.
• A copy of the final response letter from the business.
• A clear description of what went wrong and why you disagree with the company's decision.
• Copies of supporting evidence such as contracts, correspondence, statements, recordings or any documents showing how you were mis‑sold the product.

The FOS may contact you or the business to request further information once your complaint is received.

Step 5 - Provide Clear Evidence

Good evidence improves the chance your complaint can be properly investigated. For mis‑selling complaints this may include:

• The contract, terms and conditions for the product at the time it was sold.
• All correspondence between you and the business.
• Notes, recordings or summaries of conversations with salespeople.
• Statements showing premiums, payments, charges or other financial details.
• Any documents demonstrating how the product was explained to you and why you allege it was mis‑sold.

Keeping a detailed timeline of events helps the ombudsman see the sequence of interactions and decisions.

Step 6 - Await the Decision

Once the FOS has all the evidence, it will assess both sides' submissions. The process usually involves:

• Considering the evidence and regulatory standards, including whether the firm acted fairly and followed required conduct rules.
• Analysing whether the product was unsuitable, mis‑described, misleading or unfairly sold.
• Weighing any response or mitigation offered by the business.

There is no formal hearing as in court; much of the work is done through documentation and correspondence.

The ombudsman will then issue a decision letter summarising whether your complaint is upheld, partially upheld, or not upheld.

What Happens If Your Complaint Is Upheld?

If the ombudsman decides in your favour:

• The business is required to put you in the position you would now be in if the mis‑sale had not occurred.
• This may involve paying compensation, cancelling a product, refunding charges, adjusting accounts or refunding premiums.
• In financial cases, the ombudsman can award interest to reflect your loss over time.

If the FOS declines your complaint, you may still have options:

• You can accept the decision and seek alternative resolution through court.
• You may request further clarification in writing from the ombudsman.

What Ombudsman Complaints Can Cover

The Financial Ombudsman Service can consider complaints about:

• Mis‑selling of financial products such as insurance, loans, mortgages or investments.
• Poor information or omissions that caused a consumer to enter a contract they would not otherwise have entered.
• Failures in suitability assessments or failure to disclose costs or restrictions.
• Offset disputes where compensation has not been properly applied or calculated.

The service covers individuals and certain small businesses under its rules.

Common Questions

Do I have to pay to complain to the ombudsman?
No. Filing a complaint with the Financial Ombudsman Service is free for consumers and many small businesses. You do not need a solicitor or claims management company, and using one may incur fees.

Can the ombudsman order compensation?
Yes. If the complaint is upheld, the ombudsman's decision is binding on the business and it must comply with the remedy, including compensation.

How long does the process take?
Times vary according to the complexity of the case and the volume of information, but the FOS aims to resolve complaints efficiently.

Key Takeaways

Filing an ombudsman complaint for mis‑sold products in England and Wales involves:

• Complaining first to the company and securing a final response.
• Checking time limits and ensuring you act promptly.
• Submitting your complaint to the Financial Ombudsman Service either online or in writing.
• Providing clear evidence of mis‑selling and why you disagree with the company.
• Awaiting the independent decision, which can require the business to compensate or otherwise put right the issue.

Using the ombudsman offers a cost‑free and structured way to resolve disputes without formal litigation, making it accessible to individuals and small organisations affected by mis‑selling.