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.
I had a claim at the end of 2003 that was finally refererd to the omdusman in June 2004 and was finally unsettled in September 2005, during this time the ajudicator was changed from a person that was fully informed on the case and was threatening the insurance company to do what was required and provide relevent information, to a person that basically let them do what they wanted.
She allowed the insurers to miss 14 day deadlines to respond on almost every letter that was sent to then and allowed them to miss out a vital piece of documentation from the fire brigade which belive it or not had a
significant part in the decision that was made by the Ombudsman, he even stated this missing document as being vital to the decision and as it was missing he could not find 100% in my favor.
At no point was I told that this was missing until it was too late, I could have got a copy myself and sent it to them, but it was just another ignored request for information that was sent to the insurers by the ombudsman.
I lost a complete house, all it's contents and was left with nothing, due to what I consider bad managment of the case, when I complained they basically said that yes things were not handled as quickly as normal 15 months in fact and if I want to complain further write to xxxxxx, when looking into what the benifits were to complain further I think it turned out to be a few hundred quid if your lucky, so I didn't bother as I had a house to rebuild.
I had the option of taking RBS to court but after doing some research and speaking to several other people in the exact same situation with the same company that had tried to take them to court and lost everything even though they had valid cases, they were financially ruined by the legal costs which were incurred over the years it takes to get RBS into court.
So now things are better and i'm about to move back in to my house after spending 6 years rebuilding it myself with no money towards the cost of my loss from the insurance company I'm going after everyone concerned.
Ah - I can see why you are bitter, but assuming your could apportion blame successfully, I do recall they are recourses of action and because one person took a particular view and another the opposite one, would remain their perogative... after all, the same holds true when a judge or sheriff has to excuse themselves from proceedings and another take over - there will always be points of views an biases, which form the decision-making proicess. Pursuing an intermediary for change of tack is a risky move, because even if you prove your point, there is no guarantee that the issue being complainted about could be reopened and revisited for a contrary decision. The only folk who would benefit would be the legal club.
Glad you asked the question as I am having a similar issue with the Financial Ombudsman as I don't believe they looked at all the facts before making a decision.
I raised an issue against a lender and without any further consulation they issued a remedy to the company I was complaining about, but the remedy was not about the main issues that I was as complaining about. These were not addressed at all although the lender obviously has complied with financial regulations.
I want to see the letter the ombudsman sent to the lender which should have outlined my issues / concerns. I am beginning to realise that the Ombudsman is there for the banks etc and not for the consumer.
I personally feel that an adjudicator’s prerogative should not even be the issue here, Procedure and Rules should dictate the way adjudicators deal with cases.
When rules say "Firms are obliged to co-operate with us before the deadline" as quoted from correspondence with them and then for example one deadline was 7th December and come 13th February still no response with the required information, this in my opinion unacceptable and only one of many occurrences.
I repeatedly asked via email and letter what they needed from the insurers in case it was anything I could supply, the first adjudicator did ask me and was supplied with a huge amount of documentation that he was "unable" to get from the insurers, the New adjudicator was unwilling to use this approach.
One thing I haven't mentioned is I have SAR'd Directline and got everything, some of the contents are just horrific, the internal notes and "jottings down" are simply beyond belief and more than enough in themselves to open a can of worms the size of a house.
The reading of what I have so far just makes me think that there is a whole lot more to what went on in my case than I was led to believe also there is little or no reference to correspondence with the fos which makes me think something is being covered up.
I'm guessing I have in the region of 2000 pages to work through from Directline so'm i'm gonna be busy
but the sad truth is both the Ombudsman and the fos (especially the Omb tho!) are toothless organisations designed to kneel before the banks .... they just muddy the water for us (while doing nothing to help) ... this courtry needs to be swept clean, from all of this corrupt nonesense.....
The problem is 'It all starts at the top' and look at the rot we've currently got in both of our political houses!! yikkeees god help us
Hi
Does anyone know why The Financial Ombudsman wants a
Common Financial Statement from me ? I have a very strong case
against B/Card re CCA . Barclaycard have breached all points under
Part 8 of The Enterprise Act re Unfair Relationships and i have a Paper
Trail as long as your arm to prove it ! They even Set Off money from my
Bank Acc , leaving me a few pence ! The fos have copies of these transactions so why do they want Statements off me.Barclaycard are
in Breach so why do The FOS want me to tell them about how much i
spend on Electicity etc every month?
What are they trying to establish here?
Anyone have any advice .Would be much appreciated
p.s I love the Forums , keep up the great work people!
The Consumer Forums
SAR the Ombudsman
Reply With Quote
