Complaining to the Financial Ombudsman Service

[reallymadwoman]

I would definitely go for two separate complaints even though it will be a bit more work.

[tifo]

Originally Posted by reallymadwoman

I would definitely go for two separate complaints even though it will be a bit more work.

No problem, it can be 'copied and pasted' anyway.

Two complaints will mean two payments (hopefully) and no hiding behind 'they did it'!

This means i am using their own business model against them, even though we all know they're one (group) company.

[noomill060]

Click

[reallymadwoman]

Had an email from the FOS today asking for more information, so maybe they are moving a bit quicker now. Of course the information they wanted had already been included but still ....

[reallymadwoman]

Posted by Pinky69 on another thread.

I complained in March to the FOS about an OC who broke every rule in the book, including altering an application form they sent as an agreement, making threats of doorstep collections, suggesting they amalgamate 2 accounts in dispute into another account, sending an open postcard, I got different replies from half a dozen different people - it was a total shambles from start to finish. In the end when I made the formal complaint to them as a prerequisite to going to the FOS, they admitted they don't have proper credit agreements - in writing. I am in a queue at the FOS but whilst it waits - which the OC knows about - the OC have passed the 2 accounts on to a DCA!!! Mad or what?!! I don't know what my chances of success are - maybe Reallymadwoman would give me the benefit of her experience - I have asked for compensation for stress and harassment.

I'm replying here as I believe the information will also be useful for others.

I can't comment on how well your case was originally presented of course, but even if it was just two lines, it's not too late. Have a read through this thread and if necessary, rewrite your complaint completely, including the latest 'mistakes' by the OC, then submit it as a letter with further information to the FOS. My last complaint ended up expanding hugely from what I put on the original form, and it didn't seem to do my case any harm other than to delay things quite a bit. You can keep sending 'further information' up to the point where an Ombudsman issues a final decision.

Above all, do not give up. The FOS machinery will get around to you eventually, and in the meantime there's plenty of people to help with any DCA shenanigans. In fact, every time you get another letter or call from them, look on it as them simply adding weight to your case.

[Pinky69]

Thank you very much, Reallymadwoman. I'll look at it again and see if it needs a bit of a tweak.

[reallymadwoman]

I've just come across some information on the FOS website giving guidance about how awards are calculated, which may be of help when considering how much to ask for and/or whether an offer of settlement is reasonable.

technical notes - complaints that the interest rate on a savings account is too low

**** Despite what the title of the link says, it does take you to the right place **********

[reallymadwoman]

Unusually, the FOS did not acknowledge my latest reply, and it's near enough 4 weeks since I heard from them, so I am sending a 'nudge'.

I'm usually pretty good about diary notes for follow ups, but as the FOS are usually so efficient at a) acknowledging your correspondence and b) sending updates, even if they say 'we're still considering ..', that I nearly missed this one.

If they don't acknowledge something or it's been more than 4 weeks since you heard anything, I would suggest a reminder.

[majorclanger100]

Hi Experts on Complaining to the FOS

I just wondered if someone could point me in the right direction as far as my FOS complaint is concerned.

We have already reached an out of court settlement with the creditor, largely due to our solicitor's advice that we were held over a barrel due to the creditors proposal to place the case on the fast track (and therefore potentially high costs) - settlement was via a part 36 offer. However the solicitor has told me that we can still complain to the FOS and OFT about the debtor's behaviour, as it was clearly unlawful.

Obviously we cannot claim any compensation from the FOS (presumably not anyway?) as settlement has been reached. Is there any advice on how to present the complaint - I suppose it'll be a 'please can you investigate and slap their wrists' kind of affair?

Many thanks

MC

[tifo]

you could possibly claim compensation for the way they treated you as a sum for 'inconvenience, harassment etc'. The settlement is separate to a complaint.

then there is the new Unfair Relationships test which has now become part of the CCA 1974. If you go down this route, you could have the agreement voided and any payements refunded in full. Ask your solicitor, it's s.140(A) and s.140(B) of the CCA 1974 and from s.19 of the CCA 2006. But this is new legislation and may not have been used by anyone yet.

but, be careful, any refunds will be paid to the creditor (ex) or a DCA if there was any write off or it was sold, unless you get an Unfair determination.

[reallymadwoman]

I think you would need to check with the FOS if they are able to deal with a complaint as it has already been the subject of court proceedings. Also they do not have any regulatory role so issuing a slap on the wrist is not an option. They try to put you in the position you would have been if the problem had not happened, so if there is no money to refund etc, I'm not sure what they could do anyway.

[tifo]

no, this is for a separate matter, i am assuming, e.g. you settled an account which was defaulted. Now you are complaining on how the matter was handled. This matter has not been to court, only the settlement has.

[majorclanger100]

Hi Tifo & Reallymadwoman,

Thanks very much for the advice.

Yes Tifo you are correct - the settlement was for an agreed amount of arrears owed. The substantive matter actually never came to court (we've only had a pre-trial hearing and then a case management discussion). However the agreed settlement was as a result of a part 36 offer and is therefore enforced by the court by a consent order.

There is clear and irrefutable evidence that the creditor behaved unlawfully and breached the CCA 1974. They failed to respond to any of our complaints and their debt collection agencies failed to respond to any of our correspondence. As a minimum I was hoping that by complaining to the FOS and OFT I would add to the body of existing complaints about this company (a well-known and notorious car finance provider).

Thanks again for looking at this for me.

Best wishes, MC

[reallymadwoman]

By all means complaint to the FOS then - I was assuming that the complaint would be substantially the same as the court proceeedings. Althought the FOS has 'no regulatory role' I am led to believe that the number of complaints they recieve does get passed e.g. to the OFT so the more the merrier so far as I am concerned.

[makeitbetter]

Hello i would like to know as to whether you have no come back once you have accepted an offer and realise you have not been put in the position of being in the position you would have been.

we accepted a figure as we werent aware of what we could do at the time. We could have afforded to pay the amount at the time without the endowment as both were working. dont think things are clear as we filled out the forms and got a small amount of about £1500 but this in no way puts us in the position we would have been in as we have nearly finished paying a reduced amo0unt over time