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About AuntieP

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  1. 22nd May 2013 FOS win AGAIN at Judicial Review Full judgement here http://tinyurl.com/obcmvl7 The story in simpler terms here http://tinyurl.com/ngn3vfh JR is a get out of jail free card for ombudsmen. Its just not possible for most people to commence a JR On a different subject, with the legal ombudsman it is not possible to even make a complaint that an ombudsman may have been prejudiced, biased or unfair unless you commence a JR. Unbelievable but true...you have to pay to make a complaint. The LeO will not investigate such a complaint without a JR and have no instructions
  2. Try this site for launching a petition http://www.change.org/en-GB?utm_medium=email&utm_source=signature_receipt&utm_campaign=new_signature
  3. Don't even think about it unless your case is VERY high value and you can afford thousands in costs. FOS is fireproof, with a high powered legal team. I have not heard of any case where a consumer has won at JR. The FOS remit of "fair and reasonable" is so wide its almost impossible to show FOS has done wrong. In any case a JR wont look at your case...just at how FOS handled it. Even if you "win" it could end up with FOS simply being told to reconsider how they acted...result... same decision again after reconsideration. The inability of the ordinary man to complain about a FOS decision
  4. Hi, Why not ask FOS to enforce the decision. See their factsheet page 2 on what to do if the firm wont pay. http://www.financial-ombudsman.org.uk/publications/factsheets/final_decision.pdf
  5. Welcome to the FOS ! But I do think the refusal of a short extension over Christmas, with advisers unavailable is unreasonable. I suggest a complaint to the Independent Assessor. She can't change the decision or actually do anything much, but she can award a small compensation payment. The current IA is a good person who has few powers but is not afraid to challenge and criticise FOS. You can complain about FOS service standards, but there is a specific procedure to follow. Check out the IA's website page at: http://www.independent-assessor.org.uk/
  6. Not sure I can help much, it sounds tricky, but why not ask FOS to delay the deadline to give you more time to get answers before making a crucial decision without a full explanation from the firm. They will sometimes allow a delay, especially when their own procedures are so long drawn out. If you do accept the FOS decision, that is an end to it...it becomes binding...end of story. If you do not accept it then at least you can continue the battle direct with the firm and/or take them to court.
  7. The Independent Assessor is appointed by the FOS board, but not from the board. Although the previous IA was a previous board member, the current IA, Linda Costelloe Baker was nothing to do with FOS before her appointment, indeed, sensitive to criticism about lack of independence, her selection board was modified to included a "public interest observer" though what this person did ( with non voting observer status only) is not known. The current IA is a good person who tries hard, but she has no powers to do very much and she is SPECIFICALLY PROHIBITED from even commenting on the merits o
  8. FOS has published the procedures for making an enquiry under the FoIA. They must reply within 20 days of receiving full details of the question. How this can be done when there is a massive delay on normal FOS cases remains to be seen. But there is another, perhaps easier, way to make a FoIA request which has the advantage that the public can read your question and the FOS's reply (or reasons why they refuse to reply) Why not ask your question by email on the excellent, quick and easy "What do they know" website ? Link to FOS page about FoIA requests http://www.financial-ombudsman.
  9. The banks are required to tell you in their "final response" that you make take the matter to the FOS Taking legal action in the knowledge that you have used this option would seem unreasonable Why not write to FOS asking then to deal with your case immediately in view of this situation, or just ask them whether the bank is within its rights to do this. Perhaps ask them to tell the bank to suspend action whilst FOS considers the case.
  10. If you are going to court, make sure you don't accept any FOS decision. If you accept a decision, you can't then go to court. Good luck...keep us in the picture !
  11. AuntieP

    Cahoot CCA

    A face to face meeting with FOS is very very rarely permitted...don't raise your hopes. I would still follow the complaints procedure using your latest info from Cahoot to make the point that Cahoot now admit a second contract should have been signed, and the adjudicator does not understand the issues. http://www.financial-ombudsman.org.u...-standards.htm
  12. AuntieP

    Cahoot CCA

    Bob, If you want to try complaining to FOS you should follow their procedure as given in this web page. Run down to "Complaints about our service". They do like you to follow the laid down procedure http://www.financial-ombudsman.org.uk/about/our-service-standards.htm If you dont like the FOS response, you can ask the independent assessor, but she has no authority to investigate or comment on the merits of your actual case, just on FOS standards. If you have had a formal response from an Adjudicator, you can ask for the case to be escalated to an Ombudsman but this will take months
  13. AuntieP

    Cahoot CCA

    Think about suing Cahoot in the small claims court
  14. Since you have not accepted the FOS decision, you can still take the matter to court if you wish. If you had accepted the decision, you would be stuck with it. It sounds like a complex case, perhaps beyond the abilities of some FOS adjudicators and ombudsmen. But anyway, you are not bound by the decision if you have not accepted it. I dont know if the police should be involved, but legal advice from a suitably qualified barrister might be the best way forward.
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