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  1. Hi, Can anyone offer me any advice on an issue I have with the FOS. I took out life and critical illness cover through a tied broker in 2012. In 2016 I claimed and my claim was turned down by the insurer as they did not know about surgery I'd had prior to applying for insurance. Trouble is both me and the wife know we told the brokers agent all about the surgery on the night he came to get our signatures after checking the application. I made my initial call on the 14/4/12, their agent visited my home on 17/4/12. The FOS got involved after my complaint to the company was turned down. The original sales phone call in which I tell the salesman about my surgery is 'missing'. The FOS adjudicator requested the application and signed declaration from the brokers. What she received (and accepted!) was amazing. Pages 1 to 5 were missing and the last 4 pages (the declaration) were scanned in such a way as to obscure the date in the top left hand corner. There were no other dates on any of the remaining pages. It took me 4 subject access requests to finally receive the complete form including dates. Their excuse for their inability to supply what I'd asked for previously was that their scanner could not scan complete pages the right way up!? On each of the replies to my requests the broker states the completion date of the form as 16/4/12 The FOS is not upholding my complaint. I've always maintained that I (and my wife who took out cover at the same time) told the broker and agent all about the surgery and that therefore, knowing that it was unlikely the insurer would offer me cover, the broker and/or agent altered the application without our knowledge. I even had a photo dated 2 days prior of the 4" scar on my part shaven head clearly visible on the night of 17/4/12! Turns out the date on the missing 5 pages was the 19/4/12 - a whole 2 days after my signature was obtained on the declaration. The date on the declaration was 16/4/12. This appears to be the date the declaration pages were sent to the agent and therefore the declaration was produced on or before 16/4/12. This is where I'd really appreciate some advice - the FOS Adjudicator and Ombudsman actually used the application/declaration in their decision. Can they do this?, should they do this? and where do I go from here? Thanks
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