Hi FOS came back and rejected all of my claim, cashback panalty, penalty charges and interest. Chelsea resurected their offer to settle of £500 (in addition to £172 repaid previously) considered appeal of FOS but given the tone of the findings it seemed unlikely it would have made any difference. return to multi track is beyond my means to fund so accepted the offer. overall it was a lot of work (4 lever arch files of documents) for an unsatisfactory result. the FOS position on mortgages penalty charges is especially disturbing to me. for anyone interested their findings can be read here http://www.scribe-computers.co.uk/FOS/Financial%20ombudsman%20findings%20blacked.html http://www.scribe-computers.co.uk/FOS/Financial%20ombudsman%20findings%202%20blacked%20out.html still on the plus side £500 is £500 Borgbaiter

hi Does anyone have experience of asking for an ombudsman to review a complaint after the FOS has made its findings. is this purely a tick box process or does it have any merits? thanks for any help Borgbaiter

hi mrsfoot ofcom sent me a scan of the advertising one. thanks for looking. Borgbaiter

hi does anyone have a copy of Council of Mortgage Lenders "Statement of Practice on the Transfer of Mortgages" and "Independant Television commission code of advertising practice" or know a link to them? they are referenced in The Mortgage Code but i cant find them on the web anywhere. Borgbaiter

hi just an update. case has been stayed and is now with the FOS. Borgbaiter

hi they agree in writing but only in a "without prejudice" letter. No mention of set aside has been made. Borgbaiter

hi What i wrote on the N244 was as follows SECTION 3 "A STAY OF THE CASE TO ALLOW THE FINANCIAL OMBUDSMAN SERVICE TO MEDIATE ON OUR CASE IN ACCORDANCE WITH THEIR RULES AND IN ACCORDANCE WITH THE COURTS DIRECTIONS THAT THE PARTIES CONSIDER ALTERNATIVE DISPUTE RESOLUTION" SECTION 10 "THE FINANCIAL OMBUDSMAN SERVICE HAVE AGREED TO ACT IN OUR DISPUTE AS LONG AS THE CASE IS STAYED" I dont really know what else i can say in regard to this. The defendant has agreed to the FOS dealing with this all be it in a "without prejudice" letter and meeting. any help grately appreciated. Borgbaiter

hi does anyone know what happens at a "Notice of Hearing of Application The hearing of the claimant's application for - (see copy attached) will take place at 10:30 on the 22 August 2008 at Colchester County Court, Falkland House, 25 Southway, Colchester, Essex, CO3 3EG............." will i need to prepare anything for this? Borgbaiter

hi all i applied for a stay on my case so the FOS could look at it. and have just had this from the court it doesnt seem normal to me. "Notice of Hearing of Application The hearing of the claimant's application for - (see copy attached) will take place at 10:30 on the 22 August 2008 at Colchester County Court, Falkland House, 25 Southway, Colchester, Essex, CO3 3EG Cases are listed in accordance with local hearing arrangements determined by the Judiciary and implemented by court staff. Every effort is made to ensure that hearings start either at the time specified or as soon as possible thereafter, However, listing practices or other factors may mean that delay is unavoidable. Furthermore, in some instances a case may be released to another judge, possibly at a different court. Please contact the court for further information on the listing arrangements that may apply to your hearing." im a bit confussed as it seems to say heres the date time and place but it could be wrong??? any thoughts? Borgbaiter

hi all thanks for the input. ill see what they respond to my letter. i asked them to extend it to 4 weeks but seems 3 would be more reasonable. i also told them what id settle for in exchange for ending the court case. still need them to agree to the FOS for the rest of the claim so its in their court again now Borgbaiter

hi mrsfoot the main problem i have with the offer is the time limit they have on it of 7 days. after over a year this seems a very short time to allow me to consider it. The offer itself is acceptable only in regards to part of my cliam. ive made a counter offer of the same amount with the FOS to decide on our other disputed items. thing is that this will already take it over the 7 days. definately seems to be deisgned to pressure me into acceptance. thats why i need to know if i can give a copy of this "without prejudice" letter to the FOS. Borgbaiter

hi all i have a question which i need advice on as i have a 7 days deadline to respond to a without prejudice offer. My question is in regards to the FOS, does anyone know if you are allowed to pass on "without prejudice" letters to the FOS. Borgbaiter

hi no it was a without prejudice meeting called by the defendant at their offices. Borgbaiter

hi all latest update. meeting was a 12 hour round trip waste of time. 30 min meeting, they offered nothing but threats about costs and they were comfortable with their defence. three of them against little old me. Borgbaiter

hi am i right in thinking the court send me this checklist? Borgbaiter