Showing results for tags 'fos'.
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I hope for your help on how I should apply the Central London County Court to Enforce an Financial Ombudsman Final Decision using form N322A? I am a Danish pensioner, living in Denmark, on 28 March 2018 the Financial Ombudsman Service (FOS) made a Final Decision in my favor regarding my complaint against Abshire-Smith Global Ltd., 26 York Street, London W1Y 6PZ, which I accepted. However, the business has unfortunately not complied, i.e. paid me the required amount (GBP 84.833, incl. 8% interest and a GBP 750 compensation awarded by the FOS) within 28 days of me accepting the FOS Final Decision, as they were ordered to by the FOS, despite many reminders from the FOS and finally the FOS reporting the business to the Regulator (the Financial Conduct Authority), but all in vain. The FOS has therefore advised, that I can apply the County Court, nearest to the business, in order to enforce the ombudsman decision (see the attached FOS Consumer Factsheet "enforcing an ombudsman decision in court"). I therefore informed the business that I would now proceed to the County Court unless they complied with the FOS Final Decision - and thereby also saving the business the considerable court fee. However, as I did not hear from the business I sent my application by email ([email protected]) to the Central London County Court on 25 Oct. 2018, with all required documents duly completed incl. Form N322A, but less court fee (I requested the Court for information on the court fee amount and how to pay it). I received an automated reply, that I would receive a answer within 10 working days. However, 10 working days have now passed and I have not heard from the County Court, despite sending them a reminder last week. In the meantime Adam Neal, the CEO and Founder of Abshire-Smith Global, has sent me an email informing "Please note we have the option of a judicial review, which is what we are requesting". They have said this before to the FOS shortly after the FOS Final Decision, but apparently it was just a threat and I also believe they should have requested for a Judicial Review within 3-4 months of the date of the Final Decision, so it's properly another delaying tactic? I have, therefore, asked my contact person at the FOS, the Adjudicator,for information on what the Judicial Review means and how I can know if the business has actually applied for this, if the Court accepted the application, the processing time and whether I will be informed of the outcome. Apart from informing me she will inform me "shortly" I have not heard from her again in over 2 weeks, despite my reminder by email. I therefore wish to proceed to enforce my FOS Final Decision at the County Court, but how should I proceed, as they do not respond to my emails? I hope you can help me? enforcing-an-ombudsmans-decision.pdf n322a-eng.pdf -
An ajudicator made a decision to uphold my case 4 years ago, however the business appealed the decision. After constantly chasing the FOS over a period of 3 years and numerous missed deadlines, six months ago an ombudsman made a provisional decision again in my favour, however I was stripped of costs which the adjudicator had awarded. To date, no final decision has been made, and the pattern of broken promises for deadlines, and constant chasing them for a final decision is still ongoing. What can I do to get them to make a final decision after 4 years of the stress of this case and struggling to survive financially?
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I cannot believe how useless FOS is: Investigator ruled against me because I must have accepted an online question that I wanted PPI: he sent me screenshots of questions re PPI but not my screenshots since i never seen them before. my gdpr did not contain them, my cca regulated agreement contained nothing about ppi… he says fos is not interested in cca agreement or what is in gdpr … cca is a matter for fca.. not fos disgraceful appalling service... i feel a need to complain about this investigator i have sent an email complaining about the fos guy essentially he has assumed that i saw an online form and replied i did want ppi… but he has not offered any evidence that i was offered or even accepted or declined
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http://www.financial-ombudsman.org.uk/publications/ombudsman-news/144/144.html 144/3 – Mr A complains that his home insurance is too expensive Mr A, in his eighties, had been living with dementia for a few years. He didn’t use a computer, and his wife, who’d always taken care of the home expenses, had died about seven years before. So after this he’d asked the insurer to send things to him by post. Mr A’s nephew got in touch with us when helping his uncle out with his household finances. He’d noticed the home insurance for his uncle’s two-bedroom terraced home was £1,400. He’d found similar policies online for as little as £150. Indeed his existing insurer was quoting £300 for more comprehensive cover. He’d been with the same insurer for 15 years, originally taking out the policy for £200. The policy had automatically renewed every year and Mr A had never made a claim. Mr A’s nephew complained on his uncle’s behalf that the price of the policy wasn’t fair. He told us his uncle was very upset to think his insurer had taken advantage of his loyalty. In response to Mr A’s complaint, the insurer said the price was correct and that the quotes on their website were lower because of “online discounts”. Mr A’s nephew asked for our help to sort things out. how we helped When considering whether Mr A was treated fairly, we looked at whether he’d been given clear information when his insurance was due to be renewed. He needed to have been able to make an informed decision about accepting the price and cover offered. Mr A’s renewal documents were sent to him by post. And for the first four years the price had increased very little. In the fifth year, it went up by 15% and by similar amounts after that. The insurer’s renewal letters told Mr A that as a valued customer he’d received a number of discounts for making no claims and staying with them. But we thought the difference in price between Mr A’s policy and the online policies couldn’t be explained by the online discounts alone. The renewal letters also referred to other policies being available, but said that unless his circumstances had changed, Mr A didn’t need to do anything. Overall, we thought that the information he’d had at renewal could have been misleading. From what Mr A’s nephew told us about his personal circumstances and his lack of direct engagement, we thought it should have been clear to the insurer that Mr A might need additional help in making an informed choice about whether to renew his policy. We didn’t think the insurer had done enough to let him know there were other, potentially cheaper, options available. Increasing his price each year without taking into account Mr A’s needs had left him potentially susceptible to detriment. We thought that his vulnerability should have been apparent from the fifth policy year onwards. That was also when the price of his policy had begun to increase significantly, the original new customer discount having been recouped by then too. We told the insurer to refund the difference in premiums, with interest, for each year between the price paid after five years and the subsequent renewal offers. The insurer also accepted our recommendation to pay £150 for the upset they caused Mr A. -
Hello all, I have recently been awarded a judgement by the FOS against an FCA regulated company for not providing a service I had paid for. The company in question now wants to pay the award in monthly installments. They initially offered to repay over 3 years. I rejected that outright because it's far too long, and the Ombudsman will not get involved if I agree to a payment scheme and the company fail to pay. Now the company has offered a new repayment plan to repay in 12 months. This is far more attractive as they claim they cannot pay it all in one go but based on past experience with them I have doubts as to their sincerity and honesty. Could someone please advise me if there is some way I can get guarantees that the sum will be paid and what my options would be were they to stop paying before the full amount is repaid? Any advice/suggestions will be most appreciated. Regards Scara -
This is my experience so far. I was a victim of identity theft on an account opened at a three year old address where i hadnt lived I only discovered this due to my credit file. I called the bank....the bank themselves told me to go into branch and hand identification. Confirmed. went to the bank got a statement out and changed address, all information A cheque had been paid in by the person who comitted the crime. I asked for details, said i would need to pay to get the copy of the cheque, couldnt at that precise minute. Contacted the banks head office just to get the situation confirmed and more over to find out what this cheque was ( As reality says if they had to open an account in my name,the cheque would of also been in my name) So flip to the executive office. Reponse email we will look into it Following day i call..they say i..myself failed security lol..lets be factual here,there was not a question wrong, even from a background point of view,that and being my details were updated in branch! Recieve an email saying another team is looking into it and possibly i may be able to tell you tomorrow what the cheque was. Tomorrow comes around, i cant apparently due to data protection...data protection of what miss its my name that got used!!..now while this has been going on, a new bank card has arrived and internet banking credentials to my updated address. So the only other route is to get internet banking active as it would show the cheque identifier,like what bank etc, my guess is that was a ppi refund or the like So ok,start to create, i have an issue at the password login,id already created, so i call there tech department. The tech department informs me...AT THAT STAGE..at that stage after going in branch and talking to there senior folk at head office..that i cant just take ownership of an account,then cancels everything. I recieve a cosy letter saying they have removed the account and marker from my credit file and listed me on cifas. and that maybe i could contact barclays to get information of the cheque. So i did a ppi refund was issued to that very old address. Only because i have had to initiate that with barclays and discuss with their head office. right to the fos...late september the complaint was made, we are now on the 16/02/2018 after a few calls and emails from myself and told i would have a response, the advisor is now piecing things up to an endgame. Its not a great outlook for myself and the fos Honestly i think the system is biased, My question is ...sorry thought id explain the story. if i disagree with the fos..which i will..ive a strong feeling they will side with the bank, who in my opinion is seriously flawed between departments, from branch to top senior level. I have never known such a lapse in clear and concise methods. Who do i go to after fos, can i ask for someone else to look for it? If for one second the fos entertain the bank operated within procedure they must be reading something else
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hi all, I used halifax website to submit my ppi complaint. they correctly discovered my old loan and credit card 2004/6 and sent me a 7 page questionaire to complete and gave me six weeks to do so... I just had a text msg to say three weeks later they are still waiting questions: can they really give me timescales to complete their form? do i really need to complete their form... can i send them a completed fos form which requires much less information? shouldnt i send them one sar for full statement for each acciunt? any help would be gratefully received zubo
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Hi, Can anyone offer me any advice on an issue I have with the FOS. I took out life and critical illness cover through a tied broker in 2012. In 2016 I claimed and my claim was turned down by the insurer as they did not know about surgery I'd had prior to applying for insurance. Trouble is both me and the wife know we told the brokers agent all about the surgery on the night he came to get our signatures after checking the application. I made my initial call on the 14/4/12, their agent visited my home on 17/4/12. The FOS got involved after my complaint to the company was turned down. The original sales phone call in which I tell the salesman about my surgery is 'missing'. The FOS adjudicator requested the application and signed declaration from the brokers. What she received (and accepted!) was amazing. Pages 1 to 5 were missing and the last 4 pages (the declaration) were scanned in such a way as to obscure the date in the top left hand corner. There were no other dates on any of the remaining pages. It took me 4 subject access requests to finally receive the complete form including dates. Their excuse for their inability to supply what I'd asked for previously was that their scanner could not scan complete pages the right way up!? On each of the replies to my requests the broker states the completion date of the form as 16/4/12 The FOS is not upholding my complaint. I've always maintained that I (and my wife who took out cover at the same time) told the broker and agent all about the surgery and that therefore, knowing that it was unlikely the insurer would offer me cover, the broker and/or agent altered the application without our knowledge. I even had a photo dated 2 days prior of the 4" scar on my part shaven head clearly visible on the night of 17/4/12! Turns out the date on the missing 5 pages was the 19/4/12 - a whole 2 days after my signature was obtained on the declaration. The date on the declaration was 16/4/12. This appears to be the date the declaration pages were sent to the agent and therefore the declaration was produced on or before 16/4/12. This is where I'd really appreciate some advice - the FOS Adjudicator and Ombudsman actually used the application/declaration in their decision. Can they do this?, should they do this? and where do I go from here? Thanks -
Long story short. After years arguing with RBS I took my complaint to the Ombudsman. This was initially thrown out but I knew I was right so appealed and won. It's worth knowing that the Ombudsmans caseload is filtered by minions who know nothing about Financial Services and are clearly there just to deter people. the RBS had to refund charges, pay compensation etc the main issue led to other financial problems which led to court action which led to my credit rating being stuffed. The FOS say they have no jurisdiction over the Courts so I need to take independent legal action. Does anyone know of a solicitors who will pursue the banks? Thanks
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http://www.thisismoney.co.uk/money/news/article-4425464/Staff-meltdown-Financial-Ombudsman.html Sorry If I posted in the wrong place or if it has already been posted. -
Santander have rejected my PPI claim (store card) from 17 years ago on the grounds they believe it was sold in a proper manner (over the phone - which it wasnt - as I signed-up in-store with an agreement the assistant ticked for PPI) and was offered as optional and appropriate for me etc etc - which I absolutely disagree with. I have issued a SAR - but already do have copies of Agreement and statements etc. Unsure of whats best as next move - do I escalate issue with FOS (that I'm not hearing good reports about!) or small claims action? The amount of money involved is probably fairly small (circa £200 in PPI premiums?) Any thoughts appreciated! -
Hi there, I was really hoping for some help and advise on whether there is any way forward with this complaint. I complained to Canada Square about an egg credit card taken out in March 2001. I know that I did not opt in to take PPI - that the box was pre ticked, as I was also advised on the phone that the box had to be pre ticked to complete the application when I questioned it. They rejected my complaint as my personal circumstances meant I had no cover (significant sick pay or savings etc). I don't see how this is relevant. I took it to FOS and they rejected my complaint. I have questioned it and they say their records show it was opt in at this time. But I know this isn't true. Can anyone give any advice on how to proceed with this?
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First of all, thanks all for contributing to this forum, your time and efforts are highly appreciated! I have received a Final Decision (rejection) from my employer's Group Income Protection insurance (UNUM) I have asked my employer to appeal UNUM's decision through the FOS (as I am not the policyholder) but they have declined to do so and refused to send me a copy of their T&C with UNUM. I am still off sick with bipolar and anxiety disorder and my claim is roughly around 16k£ Any suggestions? I feel like my only recourse at this point is against my employer -
WHi All Background: I was purchasing a property on mortgage (Clydesdale Bank) and it was a sub sale. Because of some delays at bank's side we missed the completion date and I lost about £60K. Losses fall into following categories, 1. About £20k - Penalty issued by the seller for late completion (this was already confirmed) 2. About £40k - Money lost in arranging the finances to complete on cash FOS decision is in my favor. However, they are awarding me only about £20K (The actual penalty issued by the seller which I had to pay). They are not considering my other losses even after submitting all the evidences. So don't know what to do? Already suffered a lot and still suffering. Have 3 options, 1. Take about £20K and forget 2. Approach County court 3. Approach High court - Judicial review Any guidance and help will be greatly appreciated. Thanks in advance.
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I have a current packaged bank account complaint and can confirm the FOS's poor practises. Important info in my case was drip fed to the FOS from the bank without my disclosure. The FOS caseworker would ring me sometimes 5 days later than agreed. The caseworker would then ambush me on the phone about information I knew nothing about, hardly good advocacy at any level. The They could not even read a bank statement correctly which led to sleepless nights because the FOS caseworker attributed a 11k withdrawal to the wrong company making me believe fraud had occurred, that is until many weeks later once I got sight of the bank statements I requested from the FSO and realised the FSO caseworker's school boy error. Even when I demanded the case be dealt with by another caseworker due to incompetence this was ignored and a decision railroaded. Now I have a legitimate claim for harassment against the caseworker for refusing to hand the case over and for continuing to ring me trying to harass me with questions about information not prior disclosed to me. I held a senior management post at The Home Office for over 23 years so I am used to dealing with casework and policy matters at all levels. I believe I am well qualified therefore to categorically state what a complete mess and state of denial the FOS is in. Until MP's experience this poor level of service I seriously doubt things will change for the better. -
Hi guys, I actually had a very quick reply from the FOS. Less than a month after I made a complaint I had the answer - not the one I wanted but the service was quick, professional and the guy was extremely easy to deal with. My complaint was re MBNA. I took out a credit card in 2006 - fell into arrears in 2009 - finally came to an agreement with them in 2010. I maintained the arrangement to pay and then they sold the debt to IDEM in 2012. Due to serious illness, I couldn't keep payments up with IDEM and now pay them 15 per month. Arrears are 9144 on 10310 balance. I wrote to MBNA to tell them I believed that they should have put a default on my file - they said no they didn't have to as our "relationship didn't break down." I disagree but the FOS agree with them. He quotes the ICO guidelines saying the customer relationship is paramount. He said MBNA treated me fairly, agreed on a reduced repayment plan (200 pm ) and therefore no need for default. I explained I believed IDEM cannot put default on the file as they are not an original creditor - is that correct as he was under the impression they could if I broke the terms. My credit file is a mess, it shows more than six months in arrears with AR even though I have kept to the AR I made with them. So can I do anything now? I don't have ten grand. I could increase payments but how long with the AR remain on my file? Also, could I ask them to accept payments of 200 pm now and capitalize the arrears - like a new loan? Do you think I could argue anything with the FOS. Obviously, if I had stopped payment in 2010 instead of trying to do the right thing, the debt would have fallen off my file. -
Hi I just wondered if anyone else has a PPI claim with the FOS and if they've had any updates? In May 2013 they settled half my claim but not the rest so I transferred It to the FOS. Haven't contacted them yet. Interested to know if any have been settled. Cheers Karl
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Hi I went to FOS over loans with lending stream. To cut a long story short. I had 4 loans with them and claimed they irresponsible lending. This was because I had other payday loans etc. They also lent me (2 loans) after I had defaulted with them. Yes I was irresponsible and was ill at the time I agree I should not profit and pay back what i borrowed but not the interest. I heard from FOS who said Lending stream were willing to wipe out the balance on the 4 loans. They said this was a fair offer and the decision they would come to However I have already paid back more than I borrowed. I also was claiming compensation from lending stream using CPA sometimes 8 times in one night making without telling me resulting in additional stress and bank charges. What I don't understand is if FOS agree it was irresponsible lending why have they said Lending streams offer is fair. I f they think the lending was fair then I should pay back the interest. How is this a decision I have appealed
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Hi All, I've got a couple of PPI claims that were with Shop Direct of which the FOS has upheld my complaints Back in Jan, the FOS said they were not happy with the way Shop Direct have been handling the refunds (on a mass scale not just my accounts) and is now being discussed at a more senior level. However this does not currently help me, as one of the debt collection companies which shop direct sold an account to, has turned up TWICE to my address - both times I stood my ground and they went away.. Today the FOS have comeback to me and stated that SD are willing to do an interim Payment based on two options: 1. Shop direct would buy the debt back from Lowell and would deduct the PPI and interest paid and this would then decrease the debt. The interim payment would then be deducted from what you owed Lowell and if there was no more left to pay you would receive a cheque for the amount that what was left over. 2. You could have the interim payment issued to you but this would mean the full amount you owed including the PPI charges would still need to be paid to Lowell if you did not use the money for paying off the debt. Of course I've opted for Option 2, as I dont trust them. BUT option 2 did not read right with me also - it seems that the FOS are telling me that I must use the funds to pay off the DCA even though there is a MIS-SOLD debt which they already know about? Anyway - I was wondering as to how they should calculate the refund(s) as I have the following: Account 1: PPI Charges £450, Annual Account Interest 49.4% - charges taken between May 2009 & September 2011 Account 2: PPI Charges £100, Annual Account Interest 49.4% - charges taken between April 2010 & September 2011 I've tried filling out the Calculation sheet's found on this site and seem to get £3.5K compound interest for account 1 and £800 for the other. Is that right? FOS also gave me the impression that its Charges + APR + 8%?
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Can someone give me a rough turn around time for FOS complaints? Thanks
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Hi All Just after a bit more advice.. It has just come to me that a couple of years ago, one of my PDLs sent me court papers. It was one I had been rolling, rolling for ages then payment plan which I could not keep to. I ended up settling by paying the full balance including court costs interest fees etc because the court papers freaked me out at the time. Can I still take this lot to the FOS or make a complaint based on irresponsible lending like my other loans? -
Hello, I started a PPI claim from MBNA (credit card) PPI was automatically added, The card started about 1995 (I was about 20) still used today. I have been told by the FOS (via a ppi claim company) that MBNA has said a time bar applies to my claim as I received statements and the ppi would have been on them. Well sure it was every one would have who had PPI. I understand this is fair enough and there will be people saying this is my fault but I did not even know I had PPI (hence miss sold) and this was my first credit card when I was young and obviously a lot went on this card to get me by in the early years, Also to be honest I never checked every transaction I simply look at the amounts and mentally check the figures I still do the same today with all my accounts. I am extremely tied up from 6am until around 8pm working and paying lots of tax... lol I have read about the 6 and 3 rule and also a lot of posts revolving around this matter, I feel this is a loop hole at which all banks can refuse PPI on maybe 9 out of 10 requests, so is this PPI coming to an end and shafting the late claimers who have only heard about PPI reclaiming on the media ?. I feel let down by the FOS at the moment as if PPI is Fraudulently or secretly added is does not matter when it was? I have re submitted/escalated to the FOS stating I was not aware of the PPI until my first phone call to MBNA within the last 2 years and asked on the phone what is this payment for ? Has anyone else had this issue and had a resolve ? Thankyou
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I am so angry that FoS have listened to what Natiowide have said about timescales and i cannot claim !! There must be a way to do so, as i NEVER need any form of PPI. the reply from FOS was : i feel the below i totally unfair as u did not know i had ppi on the card until i found an old statement last year. also nationwide did not tell me of any time-scales-limits , i feel they have used dirty tricks. there must be a way for me to make a claim as i am disgusted they have basically said "tough" Dear Mr xxxxxxx Thank you for your email dated 10 February 2016. I have attempted to contact you on numerous occasions to discuss the complaint with you, however I have been unsuccessful. I apologise that you feel this way, however under the dispute resolution rules set out by the Financial Conduct Authority, businesses are entitled to not consent to us looking at a complaint on six and three and as a service we have to consider this before we can proceed to look at the merits. In your case Nationwide has not consented into us looking into your complaint, therefore we have to look at whether it’s been more than six years since the PPI policy was sold and more than three years since the you became aware (or ought reasonably to have become aware) that you had cause to complain. We are an impartial service and have consider evidence provided by both you and the business in order to reach a fair outcome. Our general approach is that statements clearing setting out PPI ought reasonably to have made the consumer aware that PPI was added to their account. In your case, your monthly statements would have shown that you were paying for insurance. Whilst I understand you may not have checked every single statement, it would have been clear from the statement that you were paying some sort of insurance which would have been enough to give you cause to question what it was you were paying and complain. I appreciate that you have told us that you were not aware that there was a timescale to make a complaint and Nationwide never informed you of this, however they are not required to do so. I have to consider that it is reasonable to assume that you should reasonably have known you had cause to complain more than three years before you did – so unfortunately your complaint falls outside the three-year time scale as well and I remain of the view that the complaint could have been referred to us within time. If there’s anything else that you think we need to consider that relates specifically to reasons why your complaint was made outside of these timescales, please let us know within 21 days. We’ll then look at things again taking into account what you send us - but unless you have any new information it is unlikely that our view will change. Should you request for an ombudsman to make a decision on your complaint, the ombudsman will not be considering your complaint, but rather whether we can look into the complaint any further. I am sorry that we were not able to help you more on this occasion. Yours sincerely Mena Salih Financial Ombudsman Service 0203 069 6556 -
Hiya, any advice will be gratefully received. I started a PPI claim against santander early 2014 for a loan which was taken out in 2001. They claimed to have settled a PPI claim on this account in 2007. In 2007 they settled a 'bank charges' claim for a closed current account not a PPI claim for the loan account. I have never claimed for PPI on any account until early 2014. But in 2007 I had taken on quite a number of banks for charges. I had a call from the FOS today. They said that santander had provided evidence of this settlement. I asked what the evidence was and he said it had the loan agreement number on it, the amount, date and that it was for PPI. Non of this information is true. It's totally fabricated. I expressed my concern to the FOS and he said he'd contact them again to ask for further details. I called santander straight after to request this information and told them it's totally untrue and fraudulent! I'm hopping mad. I don't want to let them get away with this. But what do I do? The FOS have to make a decision on the information they have. I haven't kept anything from my charges claim, as far as I was concerned the matter was closed so I destroyed everything. If they FOS rule in their favour, how do I complain without any evidence? Thornyangel
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Hi, I wanted to see if anyone has had a complaint against a PDL upheld with FOS and in particular if FOS had recommended that the full loan amount was to be refunded. Typically they will advise to refund loan charges etc and looking through some of the cases it seems that FOS will state that the debtor had the benefit of the loan so this should not be refunded. I agree with FOS in a small way, but when it comes to a PDL lending 14-16 times in the space of less than 2 years then surely there is a case to be answered and that is would it not have been required of the PDL to confirm affordability or even consider reliance on PDL's once the 3rd/4th loan had been requested. If as in many cases once a debtor asks for his 4th loan then surely this is reliance and therefor no additional loans should have been granted. If they were not granted then the debtor wouldnt have had them in the furst place - hence why they should be repaid in full.
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