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FSO have just told me in writing that the refusal of my CC company to provide me with an executed agreement requested under s78 of CCA is not a matter for them.
They have said it is a matter for DATA PROTECTION OFFICER !
If the company has a statutory duty to provide you with the agreement then the fos decision has got to be wrong.
The FOS has to make decisions which require fair and reasonable behaviour from the cc companies.
It cannot be fair and reasonable to refuse to carry out a statutory duty.
As they have now given their decision, there is nothing to be lost in complaining to the Independent Assessor.
Of course this means that the FOS must have another look at the problem first but they have only three months to do so. Then it must go to the IS.
I suggest that you write to the Independent Assessor immediately and complain about the decision.
Secondly, how long ago did they refuse to let you have the CCA and an what grounds?
fos letter just came a couple of days ago citing that it is a Data Protection Issue and to write to the Data Protection Officer in Chester. That is all their reply states.
I immediately e-mailed my case adjudicator asking for an explanation.
The weird thing is, in the next days post I received a Final Response from MBNA telling me they had completed their statutory duty, citing the Manchester case heavily.
I intend firstly writing back to the FOS with the new MBNA 'evidence' demanding that they look at the case again and see what happens.
The fos seems to produce many poor wuality decisions using poor quality procedures.
I don't know that this says about the quality of their staff but certainly there seems to be a quality issue with their staff development.
what planet FSO on?
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Originally Posted by BankFodder
