FOS complaint form format - any advice?

[FMB]

Hi

I think I've decided to complain about bank charges via the FOS. I was going to use Summary Cause, but don't want to be stuck paying hundreds of pounds out to bank if I lose, due to not completing legal forms correctly or any other bureaucratic reason.

I'm currently filling out the FOS complaint form but am not sure what to write in the following boxes: 'please tell us what your complaint is about'; 'please give us any other details'.

Obviously, I've got a rough idea what I could write, but do I need to enter any of the same intimidating legal jargon that is required by the Small Claims/Summary Cause court forms?

Are there any templates on this site advising how to fill out this form?

I just don't want to jeapordise my case with them by filling form out incorrectly.

Anyone got any advice about pursuing this route?
thanks in advance

[knoxvillain]

I don't have an answer for you (sorry!) but will be interested in the answer you recieve

[FMB]

Thanks anyway!

[Bigmac versus]

Hi FMB the FOS complaint form is quite straightforward and as yet there is no template available for this, will look at something in the near future to help, you do need the banks final response letter to your complaint and a schedule of charges you are claiming for.
You could send a copy of the Prelim and LBA you sent the bank which includes all the legal jargon you refer to and any other things that you feel may help your case, i asked if they would accept a dvd of the recent Whistleblower programme in which the CB were shown as knowing their true costs for some time now and was told this would be ok as long as you sent a note reffering to it, remember in your Schedule of charges to ask for the judicial interest of 8%.

[FMB]

Thanks - that's all good advice.

One thing, though... I'm not sure if I have a 'final response' from the bank.

Before I sent my LBA, the Bank of Scotland sent me a letter saying (roughly) that the charges were legal and they wouldn't be refunding them. I take it this would do as a final response? Or should I ask for something else, do you think?

Thanks again.

[knoxvillain]

I think you do get a letter eventually which says final response. Not 100% sure though. HBOS have so far ignored me completely so how I'm gonna get a final response I don't know

[Bigmac versus]

Hi the banks have 8 weeks to respond to your complaint.
To be seen as being fair you need to follow the prelim and lba pursuing the full amount and after you get the banks final say on this or the 8 weeks has passed then you can start with the FOS, if they offer you between the prelim and the lba i personally would ask them if this was their final offer to the complaint you raised when you send the LBA.

[FMB]

Thanks for the replies.

Think I'll wait until 8 weeks after the letter date on my LBA before I raise complaint with FOS.

[Bigmac versus]

No need to wait as long, take the 8 weeks from you sending the prelim giving two days for posting.

[FMB]

Fab! That gives me until Wednesday to get my FOS form completed perfectly...

Thanks again.

[jdey123]

Good luck with the FOS. I've got no experience of taking a bank charges case to them, but my pension charges case took 21 months to be decided by the ombudsman. The FOS, may be free, but they are a private limited company financed and managed by members of the financial services industry. Their judgements are opinions which do not need to be bound by English law.

The European Parliament have recently ratified a report in to the manner in which Equitable Life investors were dealt with which heavily criticises the FSA and FOS.

European Parliament - News - Press service - Background - European Parliament to vote on findings of Equitable Life inquiry

At the very least, the FOS should highlight it's manner of funding and background of board members, rather than claiming that it's a fair and impartial service.

our board

The current board members are a mix of ex-financial services directors and government cronies

Logically, the best means of ensuring impartiality is the jury system i.e. people are selected at random and serve for a short period of time. The 2nd best is a judge who, although, serving for a long period of time covers a broad range of law and is, therefore, less susceptible to pressure from a particular industry. The worst kind is the various ombudsmen schemes, were the ombudsmen are selected by the industry which they are supposed to police. The UK politicial system won't change the current sham any time soon, however, as the UK economy is dependent to a heavy extent on finanical services.

[fruitycar]

Martin Lewis has a section on the FOS on his moneysaving website here:
Bank Charges: Reclaim them, they're unlawful, get up to six years' money back....
HTH