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Found 5 results

  1. I am in the process of a complaint regarding my late Father's estate. His medical insurer have withheld information relating to who provided his healthcare since 2009. Medical records are available to me under the Access to Health Record Act and I have requested this from a number of institutions which formed part of a litigation process surrounding invalid/ potentially fraudulent Wills. The health insurer stated that it would be a breach of the DPA to provide this information and invited me to gain appropriate legal status. At great expense, I did. They still refused to provide me with the private healthcare provider list and invited me to contact every healthcare professional in the country to see if they treated my late Father. Absurd! Having consulted the ICO, the DPA is not applicable here as the providers are acting in their professional capacity, so they are hiding behind inappropriate legislation. The adjudicator had never even heard of a 'grant of probate', which is shocking. So how did they make a decision upon my rights as executor? Yep, you got it, they couldn't be bothered to find out and made up their own version of the Administration of Estates Act! HMCTS have confirmed that a grant of probate is sufficient and the insurer's request to get a court order is unnecessary and possibly will be seen as a waste of court time. I referred the case to the FOS. It took over 4 months to be allocated to an adjudicator. The adjudicator was extremely inexperienced. I was invited to provide a breakdown of the legal costs for which WPA forced me to incur by leading me down a garden path. I stated this would take a week or so to compile from the legal bill narrative. Two days later, I received a letter (the adjudicator took less than a week in total to conclude their findings on a complex matter) stated that the firm believed the DPA to be in effect. Despite my extensive documentation and the adjudicator's own admission that it was a 'lengthy' complaint, it seems the adjudicator couldn't be bothered to deal with it properly and simply wanted to get it off the desk as quickly as possible. Upon speaking to the manager I was refused to be notified how long the adjudicator took to review the full file (hundreds of pages of documents) and had to source this from the helpline. Tellingly, the manager told me that the time that the adjudicator spends looking at the file before concluding is 'irrelevant' and the adjudicator had ignored most of my complaints as only the 'key issues' as defined by the adjudicator, not me. I was also told by the manager that this particular adjudicator's workload is extremely large and the individual was not feeling well and had to be stationed in one of their 'quiet rooms' for the day. Hmm... The whole process is bizarre. They quite clearly have no idea what they are doing and when I explained this to the helpdesk staff, they clearly admitted that they don't really help consumers. I don't see the point in their existence and have absolutely no confidence in the FOS now as it seems like a big game for firms to play with. It's a no brainer to send all complaints to the FOS if I were a firm as it's a safe risk due to the incompetence of the FOS. No wonder they are busy and it's in excess of 6 months for a case that has been referred to a full Ombudsman to be re-reviewed. Any similar experiences with the FOS?
  2. Complaint regarding Barclays after i lost my job and had to make reduced payments. Barclays defaulted one of my credit card accounts after 7 months of arrears. They defaulted the other after 10 months. I complained that the second default date was completely inaccurate and asked for it to be changed to one similar to my other account. The adjudicator upheld my complaint but Barclays would not accept his decision and complained. The adjudicator then changed his mind saying he had not taken into account Barclays internal procedures which resulted in the delay. I showed that the delay in the default date is in breach of the ICO guidelines on defaults which state a maximum of 6 months. I also showed that the ICO guidelines specifically state that internal procedures should not be the determining factor when a default is registered. Ombudsman: "The ICO guidance does state that defaults should be registered within 3-6 months, but our service would not insist that this is followed in all cases." Regarding the delay between the first and second account default date. Ombudsman: "I'm persuaded the bank thought the applicants financial situation could improve." "It was required to treat customers positively and sympathetically" I find it disappointing that it was fair and reasonable for Barclays to delay a default to one of my credit cards but also find it fair and reasonable that they decided it was not necessary to do so on another. Ombudsman: Referring to the bank. "It says it has no record of the account the applicant refers to. It appears the applicant cant provide information about that account either." I provided my credit file which has the account details and adverse information which is reported and updated monthly by Barclays. Is the ombudsman awake? Ombudsman: "The bank says it generally issues formal demands to customers after an account has been in arrears for 7 months, and that it then given the customer a further 28 days notice before registering a default. It appears the bank did this in this case." This was almost word for word what the adjudicator said. Truly amazing since i had already explained to the adjudicator the maths; "I still do not understand how the default date 29th July is 28 days after the formal demand 1st June? I make this 59 days." What else can i say. A terrible and very poor service.
  3. Afternoon all, I moved into our house via a mutual exchange 2 years ago. Since then I have been receiving some debt collectors for the previous tenants. I have sent them back - no longer at this address etc, and even rung the companies saying they don't live here they live at my old address, both have said they will take the address off but still they come. So I am now going to send there letters back with a invoice for my time and see what happens with that. Will let you know how I get on JJ
  4. Hi all, first post of many, I hope we can all help each other to make life a little better. My problem is i had a lazy solicitor acting for me who acted on his own volition which was not favorable to the outcome of my situation, in short it cost me a bucket load of money and i've been to stressed out to deal with the situation.To start i did write at the time to the firm to make my complaint clear which was 2years ago now, my question is ,does the 6 year rule apply to taking action against a solicitor for negligence.thank you any help .
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