Hi,

I have a number of current complaints lodged with FOS against payday loan companies.

All but one adjudicator has happily shared the responses/evidence from the payday loan companies

but one in particular has stated the company must give their consent to share the evidence they have provided.

This seems contrary to how any typical arbitration or court process

- only seems natural that both sides get to see the evidence.

I appreciate that anything commercially confidential should be excluded but I very much doubt that is the case.

The adjudicator has told me that I am aware of "salient points of the case" Before kicking up a fuss and possibly getting a vindicative reaction from the adjudicator,

I am just looking to see if anyone else has had this experience?

And what are the rights and wrongs of it

thanks

This is in the disclaimer at the bottom of the consumer complaint form:

§ I understand that you will need some personal details about me, that you might need to share information I give you – including sensitive or personal information – with the business involved and other relevant organisations, and that you might need to ask them for information that’s relevant to my case.

Ask the adjudicator if there is an equivalent disclaimer on the firm's side. If so, then it appears that the adjudicator themselves is deciding what the firm wants to share or not.

You may be aware of the salient points of the case, but without seeing what the firm has submitted, you don't know if it's a downright lie or not! Seems like a one sided skewed approach if you ask me. Correlates with how the FOS are funded I guess!!

Good luck with the complaints.

You are entitled to case file used to produce an outcome bar commercial, security, underwriting details etc.

This is a direct quote from the Independent Assessor. Caveat is the IA says different things all the time, none of which is actual FOS practice despite the FOS accepting all of her opinions & recommendations.

You are entitled to case file used to produce an outcome bar commercial, security, underwriting details etc.

This is a direct quote from the Independent Assessor....

I've also been told this by the IA as well.

Had similar experience to OP on many occasions. First time blanket refusal about giving me a copy of a swift message sent between banks. I told the adjudicator to send me a redacted copy (redacting all commercially sensitive details). She then contacted the bank, bank send her a redacted copy, which she forwarded on to me. See it here.

On another complaint, an adjudicator, (incorrectly) refused to send me bank account transaction history (which were not commercially sensitive at all). I complained to her manager, and the manager sent me the transaction screenshot immediately.

Another complaint - adjudicator issues decision, without ever contacting me or seeing all my evidence. I ask to see specific evidence he relied on to come to his conclusions. I spell out the conclusions and the evidence I need to see. he then tries a fast one by saying in order to ensure "completeness" he would like to see MY EVIDENCE that I had intended to send at the outset. Only then he can send me the case file evidence. Emailed his manager straightaway. Manager arranged case file evidence to be sent to me immediately.

No surprises. Adjudicator had relied on what the bank "said" (hearsay evidence), before coming to his conclusions.

No surprises. Adjudicator had relied on what the bank "said" (hearsay evidence), before coming to his conclusions.

same.

had to ask for the file. it was duly sent, and showed inconsistencies.

always ask the fos for what they have been given by the cruditor.

might be better to start a new thread ponytail

rather than going around old threads

and posting several months after the OP started it.

dx

Will start a new thread instead.