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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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You can complain about the service you are receiving from the Ombudsman - but -- WARNING!


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thanks, brain dead today, back later!

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Hi - yes, its a mystery to me also - as it would be reasonable to ask then 'what is the test of it being unfair' well, how about, applied at a higher level than it realistically costs in admin, how about 2 or 3 or 4 times or 100 times more than the true cost? -

 

it is not too difficult to begin to see that the amount of charge is relevant to whether it is fair or not!

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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  • 2 months later...

I did complain on the advise of a friend and then i got the service I needed. So it took longer than expected but I BEAT EGG with the FO help they had to repay me the difference on the interest when they decide to increase it by 5% and then close the card down. In other words they closed the account a but i had to pay at the balance off at teh higher rate=- i dont think so . I was not prepared to pay CItibank more than i was due to pay. Next story JJB over last 5 years increased my APR from 18.9 to 36.9 no joy getting it back down , with FO help ( took a year) back down to 18.9% and had refund off interest over paid. I BEAT JJB John lewis have defaulted on me whilst i had an arrangemnt and will complain about them to FO . M and S have increased APR by 3% will complain about them as they wont put it back down . I have the original agreement the rate varies with the BAnk of England base rate - so why has it not gone down? M and S are pulling a fast one by saying the same as JJB they consider me a credit risk- and have assed my rating in line with blah blah. Its a load of tosh they make bad situations worse . HSBC have tried three times to put up their APR each time have beaten them down as they are my main Bank. So why all this happening - I got made redundant last year. no one cares a fig . My advise is persistence but be aware of legal bodies ie SRA they will not compensate you and will string matters out for ages . FO will help but are slow you could go under by the time they get their act together, the answer is get rid of Experian and Equifax who the hell are they any way. default on all credit cards that dont play ball with you and increase their APR - teach them a lesson - who cares if your credit file is marked you are one of many , and probably in the majority - the way this country is going.

 

When a debt company calls tell them to take a hike dont make payments the debt has been sold on to them at a lower price they are in it to make some money out of you.

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  • 2 months later...

It's really no wonder that this land is in such a mess with corrupt banks that have made a fortune from trusting customers via unfair charges and PPI etc. And now we have the terminally useless FOS that side with banks in the vast majority of cases.

 

I have found via long experience that FOS assistance (don't laugh) creates more stress than any sharks, and that is saying something.

 

FOS is a highly disorganised organisation that is chock full of self-righteous bank puppets that want to pay lip service to our genuine concerns. They usually come over as all knowing experts in matter relating to the CCA, but then politely inform you that they cannot possibly comment on legal issues (such as your genuine claims that your 10 year old 'agreement' with HBOS or Barclayshark is as valid as something the cat dragged in).

 

They are in place to promote the illusion of official fair play for worried consumers - but the truth is something quite different!

 

They are set in place to preserve the biased establishment, which is traditionally a banker paradise geared up for making huge profit out of the rest of us!

 

That is the reality!

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  • 1 month later...

Sadly in my experience I do not believe the Ombudsman offers any great value. The onus it seems to me is always on you to have to provide all the information (In my case I could not, but put together what I could had to copy hundreds of pages at my expense), they then narrow the scope, if multiple banks/insurance companies are involved I was told I would have to raise a different case and to add insult injury I was them asked to pay the offending company in this case Cardiff Pinnacle to provide copies of cetain documents which they failed to do. What did the Ombudsman do Nothing and at the end of it there decision is final!!!. Sorry but the claim they are independent is nonsense and the approach they had in my case was both extremely unhelpful and simply not logical. In fact there was just as frustrating to deal with as Cardiff Pinnacle. Have no faith in the FSA or Ombudsman and the quite clear lack of controls in the Financial sector has resulted in us being were we are today.

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  • 1 month later...

Hello Everyone

 

I would like to share my terrible experience with you all... HSBC and then Ombudsman....

 

My concern started in October 2009...

I personally am a Financial Analyst and started invest some money in a HSBC Invest Direct account, which is DD to my HSBC Plus account, which means I have got 2 different contract with HSBC.

 

I made quite few thousands in couple of years...

In October 2009 unfortunately I was diagnoised with swine flu and could not manage to get out of the bed, in the meanwhile few days before couple of my orders were executed and which made me overdrawn £5,750 in my HSBC Plus current account....

 

HSBC started to charge me around £398 in 2 months and then decided to sell my shares and suspend my account... Wait for this...

I was overdrawn around £5,750 and I have got an authorised overdraft limit of £1,500 and they sold a total of £6,145 worth shares in 2009... and also they suspended my share dealing account for around 10 days in which I had around another £9K worth shares....

 

I tried to contact HSBC and proceed my complaint andof course no result.... I tried to contact the person who authorised to sell my shares, why he sold more than even the overdraft? his answer was:

 

"We left you a budget for your daily expenditures"

I asked him if he has ever seen me paying any bills from my account?

he said "No"

 

I took this case to the Ombudsman.... Great big Ombudsman...

3 adjudicator amazingly found HSBC within the terms and conditions....

I appealed and requested a "Final Decision".... in August 2010....

Mr Ombudsman took my case as the adjudicators are not allowed to give the final decision....

He took his time and in February 2011... he gave a "Provisional Decision" of fair compensation for me his words were:

"A = Total amount sold

B = Unauthorised overdraft (which means - £1,500 of authorised overdraft)

C = A - B

So I was supposed to be getting C amount of shares....

When I proved that my C amount of shares are worth £6,750 in todays value (current BBC prices)

 

Then what happened....

 

Final Decision came in October 2011... NO COMPENSATION given and HSBC has rights to do???

 

I complaint more and took it to the Independent Asssessor.... No result..... upppss sorry The Great Big Ombudsman sent me a cheque for £100 as an appology as it took 21 months to come to this conclusion... I call it as "Consolation Prize" Keep quite son! we give you £100....

 

What I dont understand is; if I used my credit card and bought lots of stuff and gone overdrawn, what would have happened? I dont expect HSBC would come and cease my clothes or the stuff I bought?

Even if they were right (which they are not) why did they charge me £398 for an unauthorised overdraft fee + Interest + daily charges? It is a service that I have not received and why did they sell my shares?

 

I dont really know what happened between Feb and October 2011 but it is not really surprising especially if you consider HSBC HeadQuarter and Financial Ombudsman is only 2-3 street far away each other....

 

May be a nice lunch break in an expensive restaurant or a small coffee shop will be a great place to negotiate??? What do you think????

 

Anyway I really dont know what to do??? I tried to contact media sources, tried everything... Sky, BBC, ITV DAily Mail, FT, even Daybreak and Lorraine :)

 

I would really appreciate if anyone can help me...

 

Kind regards

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Did you try Tony Hetherington at the daily mail prehaps he can invetsigate the link with HSBC and FO tony.hetherington@dailymail.co.uk ... If an instutitute is wary of FO they react and compensat ie in my case M&S Money ( APR increase from 15.9 up to 23.9%- they backed down and compensated and returned the the APR to original level)but if they are not wary, they dont care and won't listen to your case ie in my case John Lewis Financial services default still registered. Its not fair that the all enquires /complaints end in the big funnel which leads to the FO they take too long to sort even a minor complaint let alone a major complaint like yours. See what Tony has to say? or get face to face with HSBC which may be impossible as banks consistently make faceless decisions.

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  • 3 months later...
The Ombudsman has ruled in favour in Barclays Bank in the two cases I have. The most disgusting one is today letter received within a day of me sending back the questionnaire to the FOS in favour of Barclays not to refund back £16,900k in fraudulent transactions. I now have 21 days to respond with the decision. Im totally confused and lost and cant believe this can happen. What was the point of the investigation by FOS

 

Hi there, I'm with you on the confusion front. Our complaint about our banks handling of various very expensive issues has just been turned down by the Adjudicator & now the Ombudsman at the FOS. We looked at the IS but that seems pointless. Next step for us could be No win No Fee ... but where do you start? eg decent banking lawyer to take on the case ... how do u find anyone good? etc etc.

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Hello Everyone

 

I would like to share my terrible experience with you all... HSBC and then Ombudsman....

 

My concern started in October 2009...

I personally am a Financial Analyst and started invest some money in a HSBC Invest Direct account, which is DD to my HSBC Plus account, which means I have got 2 different contract with HSBC.

 

I made quite few thousands in couple of years...

In October 2009 unfortunately I was diagnoised with swine flu and could not manage to get out of the bed, in the meanwhile few days before couple of my orders were executed and which made me overdrawn £5,750 in my HSBC Plus current account....

 

HSBC started to charge me around £398 in 2 months and then decided to sell my shares and suspend my account... Wait for this...

I was overdrawn around £5,750 and I have got an authorised overdraft limit of £1,500 and they sold a total of £6,145 worth shares in 2009... and also they suspended my share dealing account for around 10 days in which I had around another £9K worth shares....

 

I tried to contact HSBC and proceed my complaint andof course no result.... I tried to contact the person who authorised to sell my shares, why he sold more than even the overdraft? his answer was:

 

"We left you a budget for your daily expenditures"

I asked him if he has ever seen me paying any bills from my account?

he said "No"

 

I took this case to the Ombudsman.... Great big Ombudsman...

3 adjudicator amazingly found HSBC within the terms and conditions....

I appealed and requested a "Final Decision".... in August 2010....

Mr Ombudsman took my case as the adjudicators are not allowed to give the final decision....

He took his time and in February 2011... he gave a "Provisional Decision" of fair compensation for me his words were:

"A = Total amount sold

B = Unauthorised overdraft (which means - £1,500 of authorised overdraft)

C = A - B

So I was supposed to be getting C amount of shares....

When I proved that my C amount of shares are worth £6,750 in todays value (current BBC prices)

 

Then what happened....

 

Final Decision came in October 2011... NO COMPENSATION given and HSBC has rights to do???

 

I complaint more and took it to the Independent Asssessor.... No result..... upppss sorry The Great Big Ombudsman sent me a cheque for £100 as an appology as it took 21 months to come to this conclusion... I call it as "Consolation Prize" Keep quite son! we give you £100....

 

What I dont understand is; if I used my credit card and bought lots of stuff and gone overdrawn, what would have happened? I dont expect HSBC would come and cease my clothes or the stuff I bought?

Even if they were right (which they are not) why did they charge me £398 for an unauthorised overdraft fee + Interest + daily charges? It is a service that I have not received and why did they sell my shares?

 

I dont really know what happened between Feb and October 2011 but it is not really surprising especially if you consider HSBC HeadQuarter and Financial Ombudsman is only 2-3 street far away each other....

 

May be a nice lunch break in an expensive restaurant or a small coffee shop will be a great place to negotiate??? What do you think????

 

Anyway I really dont know what to do??? I tried to contact media sources, tried everything... Sky, BBC, ITV DAily Mail, FT, even Daybreak and Lorraine :)

 

I would really appreciate if anyone can help me...

 

Kind regards

 

Hi, We've just been turned down by the FOS (Adjudicator & Ombs) about our banks handling of our accounts. Was thinking what to do next. No win no fee?? how do you find a decent banking lawyer?? .. v confused

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I've been turned down twice this year by the FOS .............

 

One on mortgage arrears where it was decided they are fair without even asking the bank for a breakdown or applying the law on disproportionate unfair terms and penalties. The bank is now after me to repossess. Two adjudicators and one ombudsman said the same.

 

The second on a building guarantee claim where the FOS says the defect and damage is not covered, yet the policy clearly states the exact damage is covered in the exact place. I bought a new house which has damp/black mould due to the developer making mistakes and yet this seems OK. The cost is around £20,000 to repair. Last year, the insurer accepted that there are defects and damage, just that they're not covered, and the ombudsman is now telling them there are no defects or damage. The policy says any damage that requires repair is covered and the insurer and ombudsman are saying that's not what it means. Two adjudicators ruled in my favour and the one ombudsman has ruled with the insurer. So i'm meant to live with extensive (in their words) damp/black mould on a new build property.

 

The developer says (to me and my MP) that black mould is not dangerous to health and is a 'natural' part if any home.

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  • 2 months later...

I have an ongoing complaint to FOS all they seem to do is quote the T & C's back at me!

I made a mistake in going to the FOS in the first place I should have gone to the small claims court instead.

 

Now I don't think I can because the FOS have decided that all the charges are fair and the mortgage company will just quote that in court

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  • 1 month later...

My experience of FOS - total waste of time - took 2 and a half years - first 'investigator' took over a year, asked us all sorts of explanations (obviously our situation then was outside their understanding but now the whole thing has blown up and reported in newspapers).After we sent loads of paperwork and answered every query, she sent us an e-mail saying she had been promoted and our case passed on - and we were asked the same questions again... :(:( - then that one went off on sick leave and we were passed on to somebody else who decided within 3 weeks to find in favour of HSBC. We spoke to this third person on the phone (answering same questions again) and informed him that we were leaving for a 5 day holiday (first holiday in 2 years) and that we would not be available for the next 5 days - came home after 5 days to find a letter sent by FOS on the day we left finding in favour of HSBC.

 

Could have been the end of the story if my husband had not googled and found a solicitor who did a free first visit, thought we had a complicated but perfectly legal case. Subsequent visits by solicitor cost £5000, end result, HSBC wrote off - well what they claimed we owed due to swaps (in the region of £185,000 had we given up).....

 

Sounds like a good result, but for me, the pain of those years when they (HSBC) were being very aggressive and runined my life can never be compensated for.

 

By the way, and very very important, whatever the FOS decide, never reply to it - it cancels your options to chase the case. They will e-mail you asking you to accept their decision etc, ignore and don't reply, they will phone you, just put the phone down. They want closure, you need to keep it open so you can chase it further. Don't sign and return any paperwork they send you after their 'final' decisions. Even if you feel deflated, don't close the case - things can happen in the future that allows you to have another go.

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Yes, basically speaking going to FOS can be a total waste of time for the desperate consumer. If you are trying to get them to agree that the scribble on an illegible sheet of Dark Age parchment that does NOT hold you name on an is an unlawful agreement under UK law then forget it. They will say tough luck – pay up mate and back the corrupt banking system every time.

 

However, they can and do make enormous errors and I have taken a great deal back in compensation from them for their arrogant blunders. One of the most recent was when a cocky adjudicator stated firmly that I should go away as the PPI I was rightly claiming from a reluctant bank was in fact not PPI at all. I hit him with several, less than pleasant letters, and he sent the complaint off for review. His team gaffer agreed with me, clipped him behind the ear-hole and awarded me with 200 quid comp.

 

I have complained many times against pathetic adjudicator opinions and won a great deal of compensation. I have also moaned about the length of time it has taken them to deal with complaints and won comp for this also.

 

And they have no right to phone you if you request otherwise. So tell them not to. I won comp for this also after unwanted calling.

 

The mottos is; ‘DO NOT’ give up and keep escalating the issue at hand. It’s a knack but it does pay well once you get it together…

Hope this helps a little..

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  • 1 month later...

Wish I'd read this before :(

Seems like even with the best evidence they seem to be inclined to go with the banks.

Got my first letter from them today and am not impressed. It basically told me I have no chance regarding mid-sold PPI and from the covering letter it is quite obvious they've not fully read my complaint.

My complaint quite clearly stated that half way through the complaint HSBC changed my PPI complaint into a credit card complaint.

So instead of taking this inboard they (FOS) continued in the same way saying that this credit card complaint needs to be sent in separately. Why? There is no complaint regarding the CC (although there should be), its HSBC who change it into one.

 

You could be forgiven for thinking that the purpose of the FOS is to tell us where to go on behalf of the banks etc for a small fee.

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Hello Lee79

 

I know how difficult it is to deal with HSBC, Please read my case above...

 

In september 2012 on the same day of the court case held... 10mins before going into the case....

big HBSC's big barrister offered me around £3,5K to withdraw this case before going to the court....

 

I accepted immediately but asked them what happened???? I did not have any chance to win according to your legal team???

 

so they are all bully.... Dont believe them and the best advise that I can give you, be patient and dont allw them to make you frustrated... be factual and request what you need... always give them a time schedule (limit) them to comply your request... dont show them your weaknesses and frustration.... remember their job is not to give you money... it is what they are hired for....

 

You are in the beginning stage of your complaint, the next stage will be contacted by HSBC's solicitors DG solicitors which are part of HSBC group :)))

 

I would recommend you to put an SAR request to get all the datas about your account, they are useless they give you their internal correspondance regarding your complaint and then you will receive a parcel around 10000 pages and read them very careful... you will see in that parcel so many useful things that you can use against them....

 

By the way FOS???? Big doubts about their work???? At the time I checked the rate of FOS compensation decisions given against HSBC almost 1/2 of the other high street banks despite their size and being the biggest bank in the UK??? It might be useful to request a FINAL DECISION FROM THE OMBUDSMAN not from an adjuticator but be specific about your complaint dont diverse the subject....

 

You may find it very interesting the fact that their head quarters (HSBC) and FOS building is only few yards away from each other:) what do you think having a nice (expensive) lunch break in a city restaurant may be an ideal place to resolve their clients complaints:)))))

 

Good luck...

 

Keep update us... I am quite intersted....

 

Regards

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The problem is I'm not confident in this area so it throws you a bit when straight away the FOS tell you you're not going to win whilst at the same time showing that they've not even bothered to read your complaint correctly.

 

Anyway, will just have to see how it goes :)

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  • 1 month later...

My experience of the FO service is they are random but generally very poor. Their complaints process is useless and bias and the independent assessor is not independent and refuses to address what are are very serious issues that impact many. I also feel that this bias and incompetence has effectively given many financial organisations license to act unscrupulously and undermined what used to be a very professional and highly regarded financial industry.

 

Ed

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  • 4 months later...

Ive had my complaint with fos for 7 years got final decision in my favour 2 months ago but company wont pay say they dont have all the figures phoned today and was told sterling had a meeting at the ombudsman but no one fos could attend told it may be several weeks untill a new one can be set up i think its a case that if the company dont play ball the fos cant realy do anything and there is no feal help on the net on how to enforce a final decision

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gizwick

 

I dont know if you read my thread about HSBC above?? I can tell you from my experience that FoS is a complete waste of time; we consumers think that the FoS agents go to the companies collect the paper work and check their system if necessary and investigate the matter etc... or we really want to believe in that way as they are the only hope left for us in the financial matters when we can not resolve the problems with the companies.... Unfortunately in the reality they dont. All they do is either phone call or mainly email correspondence with the companies legal team, nothing else (from my experience)...

 

FoS can change their opinion frequently depending on the paperwork given to them; basically your word is against their word; the difference is they have got an experience team working for them whose jobs are manipulate the situation etc.

 

My advise is :

 

1-Do you have a paper trail and any other evidence gather as many as possible even if you think it is not useful

2- put an SAR request anything about you including the internal correspondence (you can find a template letter on this site)

3- keep always calm and make them to make the mistake believe me they will make mistakes and go through all the papers with details once you received the SAR request

4- I dont know how much your claim is but you can open a court case in a small claims court

5- dont panic with their response or dont be frustrated with their attitude

 

if you have got any further details I might be able to guide you only with the experience I have had ( bear in your mind I am not a legal person)

 

Best of luck

 

Thanks

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Hi thanks for your kind words loan was7500 ppi was 1811 paid in full after 12 months i went down and got the court papers today and phoned fos for a sar have spoken twice to fos today and it seems that the sticking point is that the broker canot work out the the intrest on 12 payments i paid as no loan agreement exists my problem is that ive been advised that if i go to court company my be able to ask for a stay of exicuton fos has come back to me and said can i email them with the redres i expect and a amount i would accept as a final offer i have done this but dont know if ive done the right thig there was no mention of how to obtain the sar i realy think the dont want me to go down this route

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  • 3 years later...

FOS publishes complaints data for every six months: http://www.ombudsman-complaints-data.org.uk/

 

The latest figures for 01 Jan to 30 Jun 2016 tells us success rate for customers:

 

--------------Overall -------------banking and credit

Barclays ---- 47% --------------- 31%

HSBC --------49% --------------- 13%

Natwest ----- 47% --------------- 26%

 

RBS ---------- 53% --------------- 27%

Lloyds-------- 34% ------------------11%

Santander----30% ---------------- 32%

 

The overall success rate for four of the six banks above are similar, except Lloyds and Santander.

 

But it's pretty obvious that success rate for 'banking and credit' complaints are particularly low for HSBC.

 

So be ultra careful when looking at just the overall success rate, because the PPI success rate inflates it (you can see the PPI figures in one of the two links above). PPI success rate for HSBC is a whopping 61%.

Edited by parity4all
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Please click the "Report " link

 

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Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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