Investigating

Establishing that documents have been sent

Where a decision in relation to a dispute depends on FOS deciding whether or not a financial services provider (FSP) sent, and an applicant received, a specific document (eg a renewal, certificate of insurance, policy document, cancellation notice, letter of offer or default notice etc), there are steps both parties will need to take to satisfy FOS about the dispatch and receipt of the document.


The requirements listed below apply to many of the disputes we consider at FOS but there may be additional or alternate requirements created by applicable legislation or codes.

FSP wishing to satisfy FOS that a document was sent

Where an FSP seeks to rely on the delivery of a document to an applicant, the FSP usually needs to establish to FOS's satisfaction that, on the balance of probabilities, it sent the document to the applicant's last known address. In order to achieve this outcome, the FSP will need to provide FOS with the following:


  • A copy of the document it says it sent to the applicant (Document).
  • A copy of any record held by the FSP showing that the Document was actually sent and the date the Document was sent.
  • A detailed explanation of its usual process for sending documents of the same sort.
  • A copy of any record showing the process that was followed to send the Document, and, if the record was part of an internal report, an explanation of that record and/or report.
  • Where the Document is said to have been sent in a group of documents sent out by the FSP or its agent on the same day, a signed statement by an appropriately qualified individual which sets out the following relevant information:
    • Identification and explanation of any computer or other records/reports the FSP relies on to show that the Document was one of a group of documents that was dispatched either directly by the FSP or through its agent.
    • Where the FSP has used an agent to send the Document, the agent's records show that the Document was included in the group of documents it received from the FSP for dispatch that day.
    • Information to show the Document was actually posted that day (eg postal company collection records match with the FSP or agent's record of the group of documents to be dispatched that day).
  • Information to show that the address the Document was sent to was identified in the FSP's records as the last known address of the applicant.
  • Confirmation that the Document was not returned to the FSP, including an explanation of the FSP's usual process for identifying that documents have been returned as undelivered.

Where the FSP is only able to provide a template rather than a copy of the Document sent

Sometimes, FSPs make a commercial decision not to keep copies of documents sent. Therefore the FSP may only be able to provide to FOS a template of the Document it says it sent (template Document).


If the template Document contains fields of information which are not completed and are relevant to the issues in dispute, FOS will require the FSP to provide information to show how the fields were completed. This would include the date and the address contained in the letter. If the FSP is unable to do so, it is unlikely FOS will be satisfied, on the balance of probabilities, that the Document containing the relevant information relied on was sent and/or that it contained the information the relevant information. FOS recommends that FSPs keep a record of relevant Documents sent to customers, either on a file or in electronic form, for at least a minimum period of seven years. This will ensure that if there is a dispute lodged with FOS, a copy of the Document can be produced as opposed to a template Document.

Applicant wishing to establish that a document was not sent and received

If an applicant says they did not receive the Document because the FSP sent it to an old or incorrect address, the applicant should provide the following information to FOS:

  • A copy of any written correspondence the applicant sent to the FSP informing it of their correct address.
  • If no written correspondence was sent, information as to how the applicant informed the FSP of their correct address. If this was conveyed by phone or face to face, this information should include:
    • the date of the conversation
    • the name of the person within the FSP's business whom the applicant spoke to
    • the content of the conversation (ie what was said), and
    • any record the applicant made of the conversation at the time.

FOS may make additional enquiries of both the FSP and the applicant in order to satisfy itself that a document was sent and/or received.