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.
In a nutshell, Halifax refused to refund life cover premiums on a policy i susequently cancelled about 18 months later, a policy i had taken out under pressure from their branch, " advisor" when i had applied for additional borrowing on my mortgage about 3 years ago.
like most, i needed the money to pay off loans and credit cards that were becoming unmanageable due to change in employment circumstances, basically i could`nt afford the repayments and he said that i stood a much better chance of getting the loan if i took out the policy, not only that, i was self employed and therefore the policy was`nt really suitable anyway!
MY innitial letters to recover the premiums met with the usual no chance and a denial of any wrong doing on their behalf, they practically accused me of lieing. their final letter contained many innacuracies but my response was, " lost" or never received, (ironically, it is one of the only formal letters to a bank i have not sent recorded) and because of this, the process - like this explanation- dragged on. Eventually,after sending another letter correcting all the innacuracies i asked them to reconsider their original decision, again they declined to change and said i could refer it to the fos, which i did!
You can imagine my utter disgust when the FOS,- AFTER waiting almost 10 months for them to consider my case- said they could`nt persue the case because halifax had objected under the 6 month rule- based on the date of their original rejction letter. depite me pointing out their second and final rejection letter which ended with the suggestion that i refer to the FOS- was well within the 6 months rule.
I feel the whole episode has brought both Halifax -for objecting, (what were they afraid of if they were so confident they wrere right and i was wrong )and the FOS for supporting them- into disrepute!
In a nutshell, Halifax refused to refund life cover premiums on a policy i susequently cancelled about 18 months later, a policy i had taken out under pressure from their branch, " advisor" when i had applied for additional borrowing on my mortgage about 3 years ago.
like most, i needed the money to pay off loans and credit cards that were becoming unmanageable due to change in employment circumstances, basically i could`nt afford the repayments and he said that i stood a much better chance of getting the loan if i took out the policy, not only that, i was self employed and therefore the policy was`nt really suitable anyway!
MY innitial letters to recover the premiums met with the usual no chance and a denial of any wrong doing on their behalf, they practically accused me of lieing. their final letter contained many innacuracies but my response was, " lost" or never received, (ironically, it is one of the only formal letters to a bank i have not sent recorded) and because of this, the process - like this explanation- dragged on. Eventually,after sending another letter correcting all the innacuracies i asked them to reconsider their original decision, again they declined to change and said i could refer it to the fos, which i did!
You can imagine my utter disgust when the FOS,- AFTER waiting almost 10 months for them to consider my case- said they could`nt persue the case because halifax had objected under the 6 month rule- based on the date of their original rejction letter. depite me pointing out their second and final rejection letter which ended with the suggestion that i refer to the FOS- was well within the 6 months rule.
I feel the whole episode has brought both Halifax -for objecting, (what were they afraid of if they were so confident they wrere right and i was wrong )and the FOS for supporting them- into disrepute
If the FOS have not upheld your complaint you still have the option of Court action but you will need the help of others more familiar with this action than me.
Why not post up and ask for assistance with the Court procedures it Could be well worth the question
I am sure you will receive advice from people in the know
aa
I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner. ------------------------------------------------
Bank charge successes:
Halifax - Full settlement incl interest.
HSBC - Settlement, goodwill no admission of liability about 75% of claim.
RBS - Settlement, goodwill no admission of liability about 70% of claim.
2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
PPI Successes
PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
2 claims settled in full with LV without FOS involvement.
2 claims settled in full with HSBC without FOS involvement
PPI Claims ongoing with:
Cap one Now with the FOS
Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc
Please do not PM me for advice as it may be sometime before I can respond.
Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
their second and final rejection letter which ended with the suggestion that i refer to the fos- was well within the 6 months rule.
Assuming you have copied this letter and gave to the FOS, then I cant understand this decision. I would want a written explanation from the FOS regarding this final rejection letter (date) and the date your complaint reached them. The bank will no doubt have pointed out their initial rejection letter to the FOS not the latter.
Assuming you have copied this letter and gave to the fos, then I cant understand this decision. I would want a written explanation from the FOS regarding this final rejection letter (date) and the date your complaint reached them. The bank will no doubt have pointed out their initial rejection letter to the FOS not the latter.
that`s my point Big Mac, they are well aware of the facts and that`s why i feel totally let down and disgusted by the FOS, I`ve posted the details just to make others aware of how i practically wasted 12 months over this matter and if my case is not uncommon then maybe some focus should be put on the FOS?????
I had this with them when I complained about MBNA but fortunately I had one of their letters stating they were still dealing with my complaint which was well within the time limit however they have done nothing and MBNA have raised court action despite the dispute being handled by the fos - this case being about their having no agreement. Wonder if you could write a complaint to the FOS about this - read someone's letter on here who had done this very thing a few days ago and it was a stormer, hope someone comes along to point you in the right direction.
thanks for your comments miss muppet but i can`t help feeling very cynical about all things fos! I would be interested however to learn if there are more similar stories out there as my experience has left me wondering about the integrity of the FOS!
I am now considering MCOL, just need to do some research!
Did the Adjudicators dealing with your case give you the option to respond to his/her findings?
Usually if you do not agree with the Adjudicator’s view, you have the opportunity within a set time frame to offer your reasons or further evidence to support your argument. In this instance a copy of Halifax’s second and final rejection letter with referral rights to the fos, issued within the 6 month ruling.
Furthermore, if you still disagree with the Adjudicators findings you have the option of asking for the Ombudsman to look at your complaint. His decision is final. (unfortunately some banks have now adopted this appeal system as a delaying tactic)
In a nutshell, Halifax refused to refund life cover premiums on a policy i susequently cancelled about 18 months later, a policy i had taken out under pressure from their branch, " advisor" when i had applied for additional borrowing on my mortgage about 3 years ago.
like most, i needed the money to pay off loans and credit cards that were becoming unmanageable due to change in employment circumstances, basically i could`nt afford the repayments and he said that i stood a much better chance of getting the loan if i took out the policy, not only that, i was self employed and therefore the policy was`nt really suitable anyway!
MY innitial letters to recover the premiums met with the usual no chance and a denial of any wrong doing on their behalf, they practically accused me of lieing. their final letter contained many innacuracies but my response was, " lost" or never received, (ironically, it is one of the only formal letters to a bank i have not sent recorded) and because of this, the process - like this explanation- dragged on. Eventually,after sending another letter correcting all the innacuracies i asked them to reconsider their original decision, again they declined to change and said i could refer it to the fos, which i did!
You can imagine my utter disgust when the FOS,- AFTER waiting almost 10 months for them to consider my case- said they could`nt persue the case because halifax had objected under the 6 month rule- based on the date of their original rejction letter. depite me pointing out their second and final rejection letter which ended with the suggestion that i refer to the FOS- was well within the 6 months rule.
I feel the whole episode has brought both Halifax -for objecting, (what were they afraid of if they were so confident they wrere right and i was wrong )and the FOS for supporting them- into disrepute!
Hello,
I totally agree with the previous posts, if you have approached the fos within 6months of the final letter then the fos is wrong not to investigate and I can understand your frustration.
You must appeal to the fos and state the facts and ask them to investigate
If they will not reconsider after you show them the facts, as AA has stated you have the option of court.
They may think that they are sitting pretty, but if you issue a N1 that will make them sit up to attention and take you very seriously
If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW
I totally agree with the previous posts, if you have approached the fos within 6months of the final letter then the fos is wrong not to investigate and I can understand your frustration.
You must appeal to the fos and state the facts and ask them to investigate
If they will not reconsider after you show them the facts, as AA has stated you have the option of court.
They may think that they are sitting pretty, but if you issue a N1 that will make them sit up to attention and take you very seriously
i really appreciate you guys sharing my frustration with the FOS but after nearly 12 months of ringing up and getting passed from numpty to numpty then being told by a pompous arse to basically ,"suit your self sir", i am not going to waste any more time, i want to go through the legal process now and again warn others of the FOS`s- in my case- worrying favouring of the big boys
i really appreciate you guys sharing my frustration with the fos but after nearly 12 months of ringing up and getting passed from numpty to numpty then being told by a pompous arse to basically ,"suit your self sir", i am not going to waste any more time, i want to go through the legal process now and again warn others of the FOS`s- in my case- worrying favouring of the big boys
Hello Johans.
To be honest I am really surprised by the fos's decision in your case.
The fos is not beyond reproach and you can complain to them directly regarding your complaint not being investigate correctly. Send them a letter of complaint and all of the relevant facts that you are relying on, relating to your case that have been overlooked. they may reconsider their response. They will obviously have a complaints procedure that they must adhere too. It may be down to some numpty who need a bit of a correction nudge.
Personally I would be on a mission with this. I hate injustice, unfairness and people or institutes not doing their job correctly
If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW
To be honest I am really surprised by the fos's decision in your case.
The fos is not beyond reproach and you can complain to them directly regarding your complaint not being investigate correctly. Send them a letter of complaint and all of the relevant facts that you are relying on, relating to your case that have been overlooked. they may reconsider their response. They will obviously have a complaints procedure that they must adhere too. It may be down to some numpty who need a bit of a correction nudge.
Personally I would be on a mission with this. I hate injustice, unfairness and people or institutes not doing their job correctly
i think you are spot on, i ran out of steam this last 12 months with the high court test case and all but i am getting my mojo back a bit now and have the PPI and mortgage charges in my sights!
Please do so and keep us informed of their response.
i will big mac but i urgently need help in wording my lba , I will include their objection to the fos dealing with the case though, i mean why would they do that if they are so convinced of their own innocence in any wrong doing?
i will big mac but i urgently need help in wording my lba , I will include their objection to the fos dealing with the case though, i mean why would they do that if they are so convinced of their own innocence in any wrong doing?
Hello Johans,
They are probably objecting due to the fact the fos will honour your complaint and they will have to pay up.
Also once the fos receive your complaint they charge the company arount £400-£500 to investigate
If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW
Well the amount changes depending on the amount of complaints received regarding said company and is only charged if that said company is found to be in the wrong after the fos have investigated. If the company pay up after the FOS first contact them for an explanation there is no charge.
Let down badly by the FOS!
refused to refund life cover premiums on a policy i susequently cancelled about 18 months later, a policy i had taken out under pressure from their branch, " advisor" when i had applied for additional borrowing on my mortgage
Reply With Quote
Originally Posted by johans
Re: Let down badly by the FOS!
and I can understand your frustration.
and take you very seriously
