Whether your claim is upheld or not, LABC Warranty will write to inform you of our decision, detailing the reasons for the outcome.
If you remain dissatisfied with the outcome of your complaint you may have the right to refer to the Financial Ombudsman Service.
When we issue our Final Response to your complaint, we will always tell you whether you have the right to refer your complaint to the Financial Ombudsman Service and explain the next steps.
You can also find further information on the Financial Ombudsman Service website.
Please note that complaints in relation to our Dispute Resolution Service are not always eligible for the Financial Ombudsman Service.
Not every complaint is eligible to be referred to the FOS. To be within FOS scope, the substance of the complaint must relate to a 'regulated activity,' as defined in the FOS' regulations at DISP 2.3.1. A link to this regulation has been provided for your reference here.
Most of LABC Warranty's insurance products and services are considered to be regulated activities. However, please note that some services provided by LABC Warranty under the Defects Insurance Period are not considered a ‘regulated activity’. This is because responsibility for remedying defects rests with the developer during the first two years of the warranty period.
During this Defects Insurance Period, LABC Warranty's role is initially limited to providing a free Dispute Resolution Service to facilitate the developers discharge of its obligations.
As the Dispute Resolution Service does not involve the effecting or carrying out of contracts of insurance, it does not generally constitute a regulated insurance activity, unless:
- LABC Warranty has written a conciliation report.
- The Dispute Resolution Service report has told a developer to take action by a deadline.
- A developer has failed to complete actions ordered, is insolvent, or is not cooperating.
As such, actions of the Dispute Resolution Service are generally not eligible for escalation to the FOS. Further information can be found on the FOS website here.