Financial Ombudsman

[townley8687]

This is a really useful site, I've started corresponding with the Halifax with a view to get about £2k's worth of charges back. Having sent an initial letter with this request, and received a standard letter back stating, amongst other things,

'You have agreed that you have incurred the costs due to numerous reasons where your account has not been conducted properly. The decision stands that we will not refund these as they have been applied in accordance with our advertised charging policy and therefore your account should be maintained in a way as not to incur them'.

Enclosed was a leafet and a paragraph in the letter advised me to contact the Financial Ombudsman Service for assistance in resolving my problem.

Has anyone gone down the Ombudsman route to get a refund, or is it advisable, assuming that, having sent a further letter with a schedule of charges to the Halifax, if they don't give me my money back, to go straight to the Small Claims Court.

	The Financial Ombudsman Service For the most part, don't bother. The Ombudsman is an industry arranged service which is under-resourced, takes too long, lacks clear transparency. You have no idea what evidence the FOS has received from the bank or how your complain has really been handled. The FOS is the preferred complaints route for the banking industry. The county court is to be preferred by consumers for its speed, openness, the quality of its awards and also because it will award 8% interest on top of any damages won by you. The Ombudsman should normally be used to solving little technical difficulties or customer service problems which you have expereinced with your bank.

[townley8687]

This is a really useful site, I've started corresponding with the Halifax with a view to get about £2k's worth of charges back. Having sent an initial letter with this request, and received a standard letter back stating, amongst other things,

'You have agreed that you have incurred the costs due to numerous reasons where your account has not been conducted properly. The decision stands that we will not refund these as they have been applied in accordance with our advertised charging policy and therefore your account should be maintained in a way as not to incur them'.

Enclosed was a leafet and a paragraph in the letter advised me to contact the Financial Ombudsman Service for assistance in resolving my problem.

Has anyone gone down the Ombudsman route to get a refund, or is it advisable, assuming that, having sent a further letter with a schedule of charges to the Halifax, if they don't give me my money back, to go straight to the Small Claims Court.

	The Financial Ombudsman Service For the most part, don't bother. The Ombudsman is an industry arranged service which is under-resourced, takes too long, lacks clear transparency. You have no idea what evidence the FOS has received from the bank or how your complain has really been handled. The FOS is the preferred complaints route for the banking industry. The county court is to be preferred by consumers for its speed, openness, the quality of its awards and also because it will award 8% interest on top of any damages won by you. The Ombudsman should normally be used to solving little technical difficulties or customer service problems which you have expereinced with your bank.

[BankFodder]

Originally Posted by townley8687

Has anyone gone down the Ombudsman route to get a refund, or is it advisable, assuming that, having sent a further letter with a schedule of charges to the Halifax, if they don't give me my money back, to go straight to the Small Claims Court.

The latter is the recommended route.
The former produces flannel

[BankFodder]

Originally Posted by townley8687

Has anyone gone down the Ombudsman route to get a refund, or is it advisable, assuming that, having sent a further letter with a schedule of charges to the Halifax, if they don't give me my money back, to go straight to the Small Claims Court.

The latter is the recommended route.
The former produces flannel

[Docubot]

The Ombudsman will not get involved with contract or legal disputes - the Ombudsman is purely a mediator if you cannot get a complaint resolved between yourselves.

	The Financial Ombudsman Service For the most part, don't bother. The Ombudsman is an industry arranged service which is under-resourced, takes too long, lacks clear transparency. You have no idea what evidence the FOS has received from the bank or how your complain has really been handled. The FOS is the preferred complaints route for the banking industry. The county court is to be preferred by consumers for its speed, openness, the quality of its awards and also because it will award 8% interest on top of any damages won by you. The Ombudsman should normally be used to solving little technical difficulties or customer service problems which you have expereinced with your bank.

[Docubot]

The Ombudsman will not get involved with contract or legal disputes - the Ombudsman is purely a mediator if you cannot get a complaint resolved between yourselves.

	The Financial Ombudsman Service For the most part, don't bother. The Ombudsman is an industry arranged service which is under-resourced, takes too long, lacks clear transparency. You have no idea what evidence the FOS has received from the bank or how your complain has really been handled. The FOS is the preferred complaints route for the banking industry. The county court is to be preferred by consumers for its speed, openness, the quality of its awards and also because it will award 8% interest on top of any damages won by you. The Ombudsman should normally be used to solving little technical difficulties or customer service problems which you have expereinced with your bank.

[apples]

I have had a letter of offer from the halifax which is less than half that I am claiming back, they suggested that I get in touch with the Financial Ombudsman which I have done, I am now waiting for a reply from them, will let you know.

	The Financial Ombudsman Service For the most part, don't bother. The Ombudsman is an industry arranged service which is under-resourced, takes too long, lacks clear transparency. You have no idea what evidence the FOS has received from the bank or how your complain has really been handled. The FOS is the preferred complaints route for the banking industry. The county court is to be preferred by consumers for its speed, openness, the quality of its awards and also because it will award 8% interest on top of any damages won by you. The Ombudsman should normally be used to solving little technical difficulties or customer service problems which you have expereinced with your bank.

[daverainy]

Have you sent the Halifax a letter before action? Send them a letter stating you want a full refund plus interest within a certain time or you will file a court claim. If that does not produce the required result, then process a MoneyClaim. Have a look in the Bank Templates Library for the most suitable template.

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

	Materials library Follow this link to our library where you can use our templates and other references free of charge. You must be registered to use them - but registration is free.

[tonyevic]

Originally Posted by imported

The Ombudsman will not get involved with contract or legal disputes - the Ombudsman is purely a mediator if you cannot get a complaint resolved between yourselves.

Forget the Ombudsman....they 'SUCK' and as 'imported' righlty says..they wont be interested
You will be better off to sticking the templates/time schedules

	The Financial Ombudsman Service For the most part, don't bother. The Ombudsman is an industry arranged service which is under-resourced, takes too long, lacks clear transparency. You have no idea what evidence the FOS has received from the bank or how your complain has really been handled. The FOS is the preferred complaints route for the banking industry. The county court is to be preferred by consumers for its speed, openness, the quality of its awards and also because it will award 8% interest on top of any damages won by you. The Ombudsman should normally be used to solving little technical difficulties or customer service problems which you have expereinced with your bank.

[thesergeant]

Continue with your claim, after which of course you can send a letter to the OFT re revoking consumer credit licence

Regulatory Section
Consumer Credit Licensing
Room 1C/5
Office of Fair Trading
Fleetbank House
2-6 Salisbury Square
London
EC4Y 8JX
Fax 0207 211 8429


Failure to comply with direction 5 April 2006



Dear Sir/Madam,



I wish to inform you that I do not consider Halifax plc to be a “fit and proper person”, therefore this organisation should not hold a consumer credit licence.

Since June 2006 I have requested Halifax plc repay excessive and unlawful bank charges, which they had taken from my account. They refused to do so, stating that the charges were a true reflection of there costs incurred regarding my administering of my account. The charges were for the sending of a computer generated letter notifying me of an overdraft or a refused direct debit. The charges levied were £39.00 on each occasion. By way of the service of a subject access request I discovered that no manual intervention took place on my account.

It is apparent that Halifax plc are purporting that the charges levied on its customer accounts are lawful and a true reflection of the costs incurred. This is not the case, Halifax plc are merely profiteering at its customers expense. The charges levied are far in excess of any cost incurred by them; a fact that they are well aware of. Despite much press coverage and numerous claims against them, Halifax plc continue to levy such charges.

I would contend that the actions of Halifax plc are tantamount to a criminal deception.

I ask that you investigate this matter and consider revoking the consumer credit licence of this dishonest organisation.



All the best

[Armsoft]

Originally Posted by thesergeant

Continue with your claim, after which of course you can send a letter to the OFT re revoking consumer credit licence

Regulatory Section
Consumer Credit Licensing
Room 1C/5
Office of Fair Trading
Fleetbank House
2-6 Salisbury Square
London
EC4Y 8JX
Fax 0207 211 8429


Failure to comply with direction 5 April 2006



Dear Sir/Madam,



I wish to inform you that I do not consider Halifax plc to be a “fit and proper person”, therefore this organisation should not hold a consumer credit licence.

Since June 2006 I have requested Halifax plc repay excessive and unlawful bank charges, which they had taken from my account. They refused to do so, stating that the charges were a true reflection of there costs incurred regarding my administering of my account. The charges were for the sending of a computer generated letter notifying me of an overdraft or a refused direct debit. The charges levied were £39.00 on each occasion. By way of the service of a subject access request I discovered that no manual intervention took place on my account.

It is apparent that Halifax plc are purporting that the charges levied on its customer accounts are lawful and a true reflection of the costs incurred. This is not the case, Halifax plc are merely profiteering at its customers expense. The charges levied are far in excess of any cost incurred by them; a fact that they are well aware of. Despite much press coverage and numerous claims against them, Halifax plc continue to levy such charges.

I would contend that the actions of Halifax plc are tantamount to a criminal deception.

I ask that you investigate this matter and consider revoking the consumer credit licence of this dishonest organisation.



All the best

Excellent Letter, might use this against Abbey, Halifax & Capital One