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huxleypig69

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About huxleypig69

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  1. I wonder why it is that the same bank will honour the cancellation on some occasions and not others (as in my case)? They know the rules, why are they only applied on certain occasions? The reasons for not refunding an unauthorised transaction do not apply to me in any way (and the bank is not claiming so).
  2. Oh WOW. EXACTLY this. The say it would be 'unfair' to the bank to make them repay the cancelled CPA. But all the things I have said are unfair (like the unarranged overdraft they forced me into) they quickly jump onto it being hidden in their terms and conditions, unfair or not. I have sent them the exact rules, cut and pasted, along with lots of backing from the FCA etc. The FOS are not fit for service. The decision has gone all the way through the FOS procedure and they've gone along with it! Their reply to it was (and I have this in writing) 'it is not the job of the FOS
  3. I am just wondering what is a reasonable amount to go for. I have poured well over 100 hours into this and there's my credit score damage, DCA's hounding me (when they shouldn't even have my details according to their own rules), having to find a new bank etc. This has been going on for nearly 3 years now. How much is a solicitor going to cost?! What they're saying is, the CPA rules are not relevant. At all. Because their version of allowed CPA cancellations are only when it is fraud. They're just crazily digging their heels in! Here's a great quote from my most recent letter from Ha
  4. Hello guy/gals I have news on this case. And I am just dumbstruck. So the FOS and the bank are refusing to reverse the CPA transactions that everyone agrees I clearly cancelled. Everyone (even the bank) agree I cancelled it. They refuse on the grounds that it was for a 'genuine transaction' (if it was not genuine then we would be talking about theft/fraud). So they're saying it does not matter if you cancel a CPA, if they subsequently allow the transaction to go through (no matter what the amount or your available funds) then they will not reverse it if it is a 'genuine transa
  5. Latest laughable update on this - I received an email from Simon Coe, Head of Casework Teams for Banking and Credit. Once again he completely dismisses my complaint, saying (and I quote): "You have also said it is our responsibility to enforce laws. Our role is not to enforce laws. It is to independently consider disputes between consumers and financial businesses - and reach our findings based on what we feel is fair and reasonable in the circumstances. Ombudsmen consider the relevant regulations and laws" Now is it me or that a complete contradiction? That is the whol
  6. So there has been some more progress with this case. I have been going up the chain of the FOS complaining but it seems to be falling on deaf ears. They hide behind the excuse that they can't change or look at the decision (even though I have been at pains to point out that I do NOT want that to happen anyway) without answering why the are not applying the law, then go on to say that I can complain to their line manager about it. I've had 3 of these replies from the FOS now, each one as dismissive as the next. So I have put a complaint in to the FCA and they have said tha
  7. TawnyOwl, thank you very much for your reply and advice contained therein. You are right, I am not the type to be put off by waffle and excuses and I will take it far as I can. Following on from your advice I have raised my concerns with progressively higher levels of the FOS but all they seem to say is 'The Ombudsman's decision is final, we can't look at the detail of your case and it can't be changed'. Trotted out parrot fashion, hiding behind that as an excuse for avoiding the issue. So I very clearly point out to them from now on that I do not want the final decision chang
  8. This WAS upon appeal to the ombudsman! They just reiterated the 'unfairness to the bank' thing that the adjudicator had said originally! I've been reading through various decisions that the FOS have made and they're very quick to jump onto articles of law and section 3.3 subsection 7 of whatever contract you may have had without any consideration as to the morality of the situation but when it suits they completely ignore the law and make decisions on moral standpoints! And like you say, how laughable is it to say something would be unfair on a bank?!
  9. Well the FOS agree that I cancelled the CPA. Then say they can't ask the bank to reverse the transactions after my cancellation because I owed the money to The Money Shop. Complete ignorance of the FCA's rules. Date of decision: 31st July 2013. It is not yet up on their database of decisions but I can quote a bit here: "I can see that the disputed transactions would have reduced Mr X's liability to the The Money SHop so I cannot fairly require Halifax to refund the transactions to him." Unbelievable, eh? How would I go about getting the FCA to enforce their rules?
  10. It was an adjudicator and then it was escalated to an ombudsman (took nearly a year). All they have done it defend what the adjudicator said. So that's their final word! They said they're going to put it online (having changed all the names first) and so I am going to ask them to show me where it is so I can point out their massive failure.
  11. Quick update on this. I'm completely dumbfounded by the fos. Long story short, the FOS have ruled partially in my favour by telling the bank to pay me £55 compensation (joke amount!) but have said that although I clearly cancelled the CPA both verbally and in writing that it would be unfair to ask the bank to reverse the transactions (over £400's worth) because I owed the money to The Money Shop! If someone breaks into your house and steals your stuff it does not make it ok just because you owe them money. If the FOS will not make the banks follow the law then who will? If t
  12. Quick update on this. I'm completely dumbfounded by the FOS. Long story short, the FOS have ruled partially in my favour by telling the bank to pay me £55 compensation (joke amount!) but have said that although I clearly cancelled the CPA both verbally and in writing that it would be unfair to ask the bank to reverse the transactions (over £400's worth) because I owed the money to The Money Shop! If someone breaks into your house and steals your stuff it does not make it ok just because you owe them money. If the FOS will not make the banks follow the law then who will? If the F
  13. My two penny's worth - I told Halifax in writing to stop any future CPA transactions. They did not do this (to the better part of £300) and now have the cheek to be chasing me for this 'debt' to them (plus charges and interest)! So I complained, it went to the FOS and they have now come back and said to ask the bank to return the transactions in question would be unfair! From this we can infer that any bank is well within its rights to repay any private debts you may have then charge you for it, even if you only have £1.00 in your account and no overdraft. It seems the FOS agree too.
  14. OK, so there's been a few interesting developments in this case now. The FOS have now gone back on their original decision and decided that the bank are right!! This change of heart was apparently because they now understand that I did originally take out a loan with The Money Shop! Despite being able to prove that I'd told the bank in writing that they were not allow ANY CPA transactions to go through, the bank allowed several of them. The FOS acknowledge this but say that it'd be unfair if I got those transactions back!! Unfair, lol. Against a bank! Despite the bank being grossly unfai
  15. Wow, well those charges have racked up a lot since their original mistake! £6 a day for being in an unauthorised overdraft (their OWN charges thrown back at them!) comes to several thousand now, lol! [edit]
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