Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

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Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Thread: Ordinary Action

  1. #1
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    Default Ordinary Action

    Hi all,

    Called the BOS today to check progress. They ahd until Thursday to give their final responseicon as per the 8 weeks set out by the FSA. Was told today that they are too busy and wont be responding within the 8 weeks. Called the Ombudsmanicon, who has received my complaint but he said it could take 3-4 mths to resolve. Has anyone gone for ordinary action through the courts. Ant ideas of the cost a lawyer would charge to do this and would the bank have to pay the lawyers fees if the bank lost?

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  2. #2
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    Default Re: Ordinary Action

    HI there, i,m in a similar situation bos have until 7th march to get back to me i contacted the F O first who sent them a letter to say that i had contacted them and should i not get a satisfactory response they will then look into my complaint surely they don't want to get on the wrong side of the ombuds i keep phoning to check up on them every couple of days got a rottweiler on thurs who gave me aggro and a lecture nice man who said it woz my fault blah blah they took half my husbands wages on bank charges this month so if this is their new stall i'll be joining you in an OA.


  3. #3

    Default Re: Ordinary Action

    Sorry, what stage are you two at?

    Not sure why you are allowing 8 weeks for anything? I suspect you have both had responses from BOS saying thanks for your complaint we will deal with within 8 weeks. Well you don't listen to them.......stick to your deadlines!

    Which letter have you sent that they have responded to? Is it your S.A.R - (Subject access requesticon) or your prelim letter for refund of charges? If it is your S.A.R - (Subject Access Request) then you could complain to the Information Commissioners Office or threaten them with a claim for non-disclosure. If it is your Prelim letter, then go to the next stage, send an lbaicon giving them 14 days to respond else you go to court.

    This is all written up in the Step by Step guide in the FAQs forum.

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  4. #4
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    Default Re: Ordinary Action

    Hi Roryroo,

    Wouldn't hold your breath waiting on a response on the 7th of March! Got a letter from BOS this morning saying that I now have the right to go to the Ombudsmanicon so they are obviously not that bothered. This is a good one too! Was told yesterday that the hold up is due to the BOS ordering more of my statements from, wait for it...... THE BOS! Would be intererting to know if anyone has gone for ordinary action though as the 750 and 1500 limits seem like a lot of hassle after waiting this long already (5mths). If no-one has lost in the small claimsicon or summary cause then dont see how you could lose with ordinary action.


  5. #5
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    Default Re: Ordinary Action

    Hi T4FF, The BOS have told me that they have 8 weeks as per the FSA to respond to my lbaicon, in which I did give them the 14 days to reply. The Ombudsmanicon also says they have 8 weeks to reply.


  6. #6

    Default Re: Ordinary Action

    Doesn't matter.

    If you have sent them an lbaicon with a 14 day deadline then that's all they get.

    The FSA guidline of 8 weeks is the MAXIMUM time they can allow to deal with a complaint. This isn't a complaint per se.

    In any case, this is just a reminder they sent to put off the less knowledgable and it does seem to work!!

    You said in your lbaicon that if they did not respond in 14 days you would file a claim in court. If they 14 days are up, then stick to your warning. This is the correct process and you are not in the wrong. If you are unsure, I suggest you go through the step by step guide inthe FAQs or read through a couple of the BOS successes (there is a success sub-forum at the top of the RBSicon / BOS page.

    If my post has been useful, tip my scales and let me know

    Always start with the User guide!
    Stuck with RBS charges? Click here!!

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  7. #7

    Default Re: Ordinary Action

    Removed!

    If my post has been useful, tip my scales and let me know

    Always start with the User guide!
    Stuck with RBS charges? Click here!!

    RBS CA1 2794 SETTLED!!! RBS CA2 503 SETTLED!!! HBOS CC 498 SETTLED!!! Barclaycard 705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!
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  8. #8
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    Default Re: Ordinary Action

    Hi Diane11,

    My letter from the bank stated that it would be resolved by the 7th March this is my second letter (this was after Ombuds contacted bank on my behalf to say that they were waiting on my shout to get involved) I have been phoning every couple of days but think i will give them "courtesy calls" daily now to see if it hacks them off as much as us Martin Lewis was on telly and says everyone will get their money but advises over 5K to get a solicitor and not a no win no fee one!! Why should they get our money 25% of 5K is a lot of lolly After i phoned on Fri they took my telephone no. "as they are getting 100's of claims they are working till 8pm and weekends too contacting people by calls to" bless'em !!


  9. #9

    Default Re: Ordinary Action

    Wow! I managed to post my response from another thread on this one! REally can't work out how THAT happened? Doubt it made much sense. Have removed it now. Now to find where it should have been............

    If my post has been useful, tip my scales and let me know

    Always start with the User guide!
    Stuck with RBS charges? Click here!!

    RBS CA1 2794 SETTLED!!! RBS CA2 503 SETTLED!!! HBOS CC 498 SETTLED!!! Barclaycard 705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!
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