Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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  1. #1
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    Default Financial Ombudsman Complaints

    Anyone know roughly how long it takes them to start dealing with non-charge related complaints? I'm sick of getting "we've not been able to look at your complaint yet" letters from them. Starting to think I should have just gone straight to court with it instead. My complaint is related to a default and lack of Notice of Default and defaulted CCA request.

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  2. #2
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    Default Re: Financial Ombudsman Complaints

    my experience with them has been very bad.

    they've taken over 12 months on 90% of my complaints and then favoured the bank in obvious ways.

    they decide what the bank says, not what is fair and reasonable.

    i'm now thinking i would have been better off going to court 12 months ago.


  3. #3
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    Default Re: Financial Ombudsman Complaints

    I have to admit, I'm starting to run out of patience and considering going to court instead as well, it's just lack of confidence that's putting me off. I'd hate to take them to court after I've given them a fosicon judgement in their favour they can give to your judge to see.


  4. #4
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    Default Re: Financial Ombudsman Complaints

    Quote Originally Posted by knoxvillain View Post
    I'd hate to take them to court after I've given them a fosicon judgement in their favour they can give to your judge to see.
    This is what i've got, but in my case the decisions from the FOS are flawed in law and regulations. They just don't want to say it.

    You can pass it to the Service Review Team if you're not happy with an Ombudsman decision, which is made in review of an Adjudicator decision. But they won't change it, just look at how it was handled.

    Then there is the Independant Assessor and lastly the Chief Ombudsman.

    I'v complained to my MP who has passed it to the Treasury to look into. My complaint is that the FOS decisions in my cases are in breach of their own statutory duties, as put under the FSA handbook DISP and the FSMA 2000, and also against law and regulations which is what they're meant to follow. I have a good thread on it here.


  5. #5
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    Default Re: Financial Ombudsman Complaints

    are you now pursuing the complaints through the courts?


  6. #6
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    Default Re: Financial Ombudsman Complaints

    Quote Originally Posted by knoxvillain View Post
    are you now pursuing the complaints through the courts?
    No, as they've decided in favour of the banks, my charges are out of the 6 year limit because the fosicon took over 12 months in deciding, and i cannot afford the fees because i'm not exempt anymore.

    So, the consumer loses again and fairness has not prevailed.


  7. #7
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    Default Re: Financial Ombudsman Complaints

    so has anyone actually managed to leverage CCA non-compliance to get a default removed that you know of?


  8. #8
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    Default Re: Financial Ombudsman Complaints

    Dear knoxvillain

    Thank you for your e-mail. I would advise that we take cases in strict date rotation to be fair to all complainants. The date we use for allocation is the date your complaint passed into the casework area, in this instance that being xx xxxxxxxx 2008. I can inform you that we have received the papers requested from Bank of Scotlandicon and these will be reviewed along with your submissions in due course. We are aware that your complaint is not charges related but we still do have a heavy workload. Unfortunately I cannot give you an exact timescale except to say we are regularly taking cases for allocation.

    We will keep you advised of developments and your patience in this matter is appreciated.
    knox


  9. #9
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    Default Re: Financial Ombudsman Complaints

    Im in the process of taking two creditors to court to have defaults removed, due to lack of CCA.

    One is Eggicon and the other is HSBCicon, i cca'd them both June/July last year, HSBC sent me an unsigned agreement, Egg sent me nothing. I chased them through DCAicon's up until March this year, when both DCA's sent me letters telling me neither company have been able to supply the document.

    I sent them both lbaicon's today giving them both 14 days to respond. I will start court action on both in a fortnight.

    Im only claiming to have the defaults removed, but to get the costs down, im claiming compensation upto but not going over £1,499, im not sure if it will get to court, or even if ill get compensation, but id be more than happy with just the defaults removed.

    Theres threads in the HSBC & Egg forums, if ya wanna check them out.


  10. #10
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    Default Re: Financial Ombudsman Complaints

    got a call today saying complaint is now being looked at. So it's taken roughly 5 months from mailing the complaint to it being assigned to an ajudicator.


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    Default Re: Financial Ombudsman Complaints

    Quote Originally Posted by knoxvillain View Post
    got a call today saying complaint is now being looked at. So it's taken roughly 5 months from mailing the complaint to it being assigned to an ajudicator.
    I'm about ten days away from hitting six months. My complaint is nothing to do with charges either. In fact, it's pretty serious. My bank, BOSicon, effectively cut me off from all my finances on the other side of the world, lied to me with such blatent contemp, then offered me £50,000 compensation.... then retracted it and replaced it with an offer of £50 due to an "error".

    Beggars belief.


  12. #12
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    Default Re: Financial Ombudsman Complaints

    That's weird, I would have thought they would have been dealt with in a first-come-first-served basis. Have you contacted fosicon at all to try and escalate it?

    50k would have be nice...


  13. #13
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    Default Re: Financial Ombudsman Complaints

    Yep, they just say it shouldn't be too long now. The whole saga has been going on since last October.


  14. #14
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    Default Re: Financial Ombudsman Complaints

    anyone know if the fosicon imposes time limits on the banks having to respond to their requests? I was contacted by FOS to say they were looking into my complaint just under a month ago and they were waiting on info from the bank which would take "a few weeks". Do HBOSicon have a set time to respond within?


  15. #15
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    Default Re: Financial Ombudsman Complaints

    Quote Originally Posted by knoxvillain View Post
    anyone know if the fosicon imposes time limits on the banks having to respond to their requests?
    They don't seem to set any time limits, banks can have as long as they want, only the consumer has to respond within 14 days to any letters.

    The answer is that banks are 'very busy' with lots of these type of claims.


  16. #16
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    Default Re: Financial Ombudsman Complaints

    If you are unhappy with the way in which the Ombudsmanicon is dealing with, or the time taken to deal with your complaint. Then please :

    Read the sticky in the following link and make a complaint to the Independant Assessor.

    http://www.consumeractiongroup.co.uk...wikipedia.html

    http://www.consumeractiongroup.co.uk...t-2719994.html


    The Independent Assessor reports formally to the board of the Financial Ombudsman Service - which publishes his report in full each year as part of the Financial Ombudsman Service's annual review [43][44][45][46][47][48].
    Mr Barnes' track record so far is to uphold in part or fully between 10-15% of complaints about the ombudsman's service quality.
    The Financial Ombudsman - from Wikipedia

    read the links in the quote above. The address is in link 40

    Address for Independant Assessor


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    Default Re: Financial Ombudsman Complaints

    theres a couple of things to bear in mind:
    fosicon are a business like anyone else, just employed by the government and are not for profit.

    Since the boom in bank charges and PPIicon, they have received MILLIONS of complaints, these all have to be personally handled and are not pigeon holed.

    Sadly, thoroughly investigating takes time.

    Regarding deadlines for the banks, they are just as strict. Its the sheer volume drven by the unfortunate culture which the media has driven


  18. #18
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    Default Re: Financial Ombudsman Complaints

    Sooo suggest you look at my thread in full. So if the fosicon are a business, like you suggest, how can it be independant from the business world? If they have received millions of complaints whose fault is that? Surely they are not driven by a media culture as you suggest.
    The complaints are due to inherent sharp practices, cultured by the banking system, and the deregulation of the financial industry in general.
    Unfortunately, due to the advent of the internet, and a well educated public, deception is extremely hard to disguise for long periods of time.
    It was the likes of me, and you and millions of others (in fact the entire population of the UK) who forfeited £1,000 per person to contain the sorry mess the banks got in to.
    The banks are still paying out bonuses, the fos are still covering the banks in their own peculiar non-independant way and the mess just carries on.
    Absolutely nothing has been learned by the banks except for one thing.. if they get in trouble again, the fools who they robbed for countless years, will bail them out (through their tax contributions) once agin.
    At least in China they shoot them. Here in the Uk they get massive pension pots, knighthoods and another job.
    Wake up charlieboy


  19. #19
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    Default Re: Financial Ombudsman Complaints

    well said i agree with every single word,,,we should shoot the fosicon for their non transparent skulduggery ...i would like to sit in their offices and see how they truly operate ,it would make a good comedy show on telly huh


  20. #20
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    Default Re: Financial Ombudsman Complaints

    what sort of rating would it need? PG 15 or over 18? Think it might be more akin to 'The Office'. A laugh a minute (at our expense).



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