*How long is it reasonable to wait for a complaint against a bank or building society to be resolved - two months, six months or, at a stretch, a year? *
The Financial Ombudsman Service, which adjudicates on consumer complaints, says on average it processes complaints within six months. But when it came to Elizabeth and Keith Birbeck's mortgage endowment mis-selling claim it has taken almost five years for a conclusion to be reached.
With the number of new complaints received by the FOS mounting as a result of the sale of controversial loan payment protection insurance (PPI), the Birbecks' ordeal should act as a warning to complainants hoping for a speedy resolution of their case.
Elizabeth and Keith's complaint hinged on the fact that their endowment term stretched well beyond Keith's planned retirement date. Initially, Nationwide rejected their claim saying the advice was sound because the extended term of the policy kept costs down. Yet the Birbecks argued that at the time they could easily have afforded a shorter endowment term.
In February 2005, Nationwide offered the couple £5,000 in compensation. On the advice of a third-party claims handler, Portal Claims, based in Rochester, Kent, the Birbecks appealed. But the building society rejected the claim.
In July 2005 the complaint was passed to the FOS. Elizabeth and Keith, who have three grown-up children and nine grandchildren, hoped that this would bring a swift conclusion to their mis-selling fight. They were wrong.
The FOS took almost 18 months to review - and reject - the case. The Birbecks appealed against the decision and by April 2007 a different FOS adjudicator decided that in fact the policy had been mis-sold into retirement and that additional compensation was due.
That should have been an end to the matter, but to the Birbecks' dismay Nationwide appealed. Their case was passed on to an ombudsman, the most senior adjudicator, for a final verdict.
AFTER further wrangling the ombudsman rejected Nationwide's case. The Birbecks were offered the original £5,000, but as the policy shortfall had widened this was increased to £11,000.
Tim Moore, managing director at Portal Claims, says: 'It is not unusual in some endowment cases for decisions to take many months, but the Birbecks' complaint, which is not complex, has been passed from pillar to post.
'The most frustrating aspect has been that different staff within FOS have come back with different decisions. This lack of consistency is frustrating.'
The Birbecks have accepted the sum but Moore believes they have been short-changed. Last week, Nationwide blamed the FOS for the delay in resolving the case.
Emma Parker, FOS spokeswoman, agrees that the Birbecks experienced an unacceptable delay. 'Endowment claims take on average between one year and 18 months to resolve, but in this case we let the couple down,' she says.
Parker says that complainants who are concerned about the length of time their case is taking should contact the FOS support unit.
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