Thread: who do i complain to about the FOS?

Who do i complain to about the fos?

It's because of what i wrote here http://www.consumeractiongroup.co.uk...me-credit.html

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Dear ALL,

I understand your frustrations when the fos does little to establish Fairness, Thoroughness and Justice in your case for Redress. But in my experience the FOS Service Review Team and the Independent Assessor are ONE!! Neither of these two bodies are allowed to re-look at fundamental parts of your case where the Ombudsman has failed and has already presented his conclusions. The Ombudsman is 'God!'

I am still fighting to get redress in my case where, again, the Ombudsman failed to be thorough in seeking the truth from the bank. My case was based on the banks Maladministartion of the Commercial funding process that failed my business start-up. The Ombudsman did little to establish the banks failings and, though their was and is evidence to suggest the bank agreed to lend to my Company much earlier, the Ombudsman did not challenge the bank. It is appalling when the Ombudsman's actions neglects the truth of a case.

I hope you continue the fight!! What would you be if you allowed this serious Failing and Neglect to WIN???

i've had two biased decisions now for the bank.

one is where i settled the account in full by part payment and they allowed the bank to keep my refund (and more) towards the write off.

second is where they are allowing the bank to send the money to the DCA or if i don't agree, asking it to buy the debt back, apply the refund and sell it back. Plus as i got more compensation in the first case above they are trying to lower that (after awarding it) to match this second one.

There is little point complaining about the fos. No one has the authority to examine FOS decisions, which cannot be changed. The Ombudsman are always right.

The Independent Assessor is an ex FOS Board member who has no power to investigate decisions, only FOS procedures. The Independent Assessor can make "recommendantions" but FOS can ignore them, he is in any case, much too close top the FOS to be independent in the sense that most ordinary people would understand the word.
Take a look at Problems with FOS decisions to see what can happen when you go to the FOS and want to complain about the decision.

i can vouch for the bias i have had from the fos but nothing can seem to be done about it ....

Bias
The whole fos process is biased towards firms. I do not suggest this is deliberate, but it is what happens in practice. This is what happened in my case:

• The Adjudicator’s initial assessment of my case was based on reading the firm’s evidence, not mine,
  
• She showed my letters to the firm but I was not shown theirs,
  
• The firm used professional staff and advisers, but FOS discourages consumers from doing this,
  
• The firm knew FOS guidelines on compensation existed and ignored them. FOS did not even tell me guidelines existed so how could I know they were ignored ?
  
• FOS accepted the firm’s calculations without cross-checking them and did not apply their own guidelines even though the guideline figure and the firms offer differed by £8000
  
• massive delays at the FOS means the firm retained the compensation funds for years, invested at inter-bank rates before paying out compensation interest at bare base rate.
  
• Even when a tax error was finally picked up, FOS re-paid the money itself rather than instruct the firm to do so.

The FOS is much too powerful, and has no real regulator. There is no appeal against decisions even though the FOS's 500 Adjudicators and Ombudsmen make 100,000 decisions a year and they cannot all be correct.

Its not only consumers who are concerned about the FOS's powers. IFA's feel the same way too. See what Anthony Speaight QC says about unappealable, compulsory decisions at IFAs OK - Independent Financial Advisers - Endowment Compensation?

See what an ex FOS Adjudicator says about FOS procedures at FSA seeks more court dates for the diary - 12 May 2008 (Scroll to the bottom to see what Jane Sanders says)

How financial firms see the FOS
When I received the firm’s very first letter in response to my complaint, they concluded with the words that I should take the letter as their final response and could approach the FOS if I wished. I seemed obvious to me that they wanted the matter to go to the FOS.

I have the impression that when a claimant tells the firm that they will take the matter to the FOS, the firm breathes a sigh of relief…”We’ve made it !” They know that the FOS will delay further ( thus delaying redress payments), not make a rigorous examination of the case, probably not check any calculations, not criticise the firm, not publicise any mistakes, however disgraceful. They know the award will not exceed £100,000 and that the claimant probably can’t afford to go to court. Many firms would settle for that.