LloydsTSB / BCW / FoS

[surprise]

I am in exactly the same position with my daughter's claim against Capital One. I did pursue it through to the Ombudsman who agreed with the Adjudicator's decision. As far as they are concerned just because no credit agreement exists doesn't mean that there isn't a debt.

[reduk054]

Thanks surprise for helping me out on this one,about the Ombudsman/adjudicator, and how awful for you and your daughter's claim. Will it be court for you next, and how damaging has the decision by the FOS been, will a court also rule against you too, based on the FOS decision?

I have other cases which potentially may go to the FOS, but I am seriously reconsidering. I think that I have not achieved anything, other than a huge waste of my time, and no doubt rattled the bank in the meantime, which they will take much pleasure in coming back to me for money.

Oh dear

[surprise]

As far as I am concerned there is no agreement and I am doing nothing about it, I am just sitting on it until CapOne make the next move.

[reduk054]

Oh Surprise, I fully empathise with your predicament, and can understand your decision following the involvement of the FOS.

My adjudicator needs a large poke with a big stick.

I am going to try and send my letter today to the FOS (if I can get all my points across clearly, been struggling with the letter, as it needs to be good, even though I doubt that the ajudicator will change their mind!).

Still waiting for my aknowledgement email regarding my latest letters sent. I feel really unimportant!

[surprise]

Once its referred to the Ombudsman you will get an acknowledgement stating that they will reply in 8 weeks. Exactly 8 weeks when I received my letter. Personally, I felt it was a complete waste of time as I put in extra hours gathering info quoting OFT's Guidelines all to no avail. Remember though when LLoyds come chasing they still need a signed agreement with all the prescribed terms.

[reduk054]

Well the FOS have let me down big time, IMO they have not read the complaints/supporting documents or arguments properly. I will have one last ditch attempt by requesting the dispute is put before an Ombudsman, but I have yet to have read of a case where the Ombudsman disagrees with the adjudicator. I just feel that none of my points have been understood, and I am soooooo fustrated!

Sadly this is not related to CCA arguments, so LLoyds will be laughing all over me when the FOS write through to them.

[surprise]

I know how you feel, but personally I wouldn't get too wound up, its not worth it. I think if you do complain to the Ombudsman I think it will be just another 8 weeks of wasted time. I think all these regulatory bodies are a waste of space they are supposed to be mediators but how can they mediate when they don't understand the law?

[reduk054]

Surprise, I am inclined to agree with your conviction regarding the FOS.

My fustration is construed purely by the FOS inability to be thorough, to be objective, and to use common sense, based on facts and not a one-sided argument (ie what the bank say must be correct, even though I have proved that they have lied!)

I will escalate the claim to the Ombudsman, not because I enjoy my own pain and suffering, however it will enable me to make further decisions regarding my claim, ie potential court action.

I absolutely refuse to pay the bank charges levied through their own incompetancies, regardless of what the FOS say!

I have to reply by the first week of August to my adjudicator, so that should give me a few more days to calm down. The cheek of it is, although I have sent approx 40 letters of correspondence between me and the bank, argued admirably, the adjudicator still is insisting on further proof that my claim should be assessed further.

Honestly!

Oh well, I may go into the Guiness Book of Records as the first person to have an Ombudsman disagree with the adjudicator! And then again....

Thanks for your support! Much appreciated.

Red x

[reduk054]

Update:

My last letter has been drafted, to request that my case should be looked at by an Ombudsman, and reiterating my points which I feel should have been addressed (if not by the bank, then certainly by the adjudicator!!).

All I have asked for is to be put into the same position that I was (broke, but not over-broke!!) before.

Not asked for compensation (did not read Really Mad Woman's sticky on complaining to the FOS before I started my claim), just something IMO fair and reasonable.

We are only talking a tiny little sum here, and my credit rating (which is awful any way), but its the principle of the matter.

Sadly I don't think that the FOS will change their mind, but I will go down fighting!!

Red

[surprise]

Good luck with this. I have still one more case with the FOS and thats against CitiCards. Because the FOS have had this claim since June 07 Citicards sold the debt to 1st Credit. This has caused extra agro from 1st Credit so I have complained bitterly to the FOS and OFT. The FOS contacted Citi to ask them to suspend collection until negotiations had been finalised. Citi agreed but they failed to inform the FOS that they had already sold the debt to 1st Credit. I received a letter from 1st Credit's so called Solicitors and I sent them a copy of the email from the FOS and things have now gone very quiet.

[reduk054]

Surprise, thank you for your on-going support for my case.

With your latest FOS complaint, Have you sent a copy of 1st credit's solicitor's letter to the FOS? Although your complaint is on-going, the FOS would need to be made aware of Citicard's actions and surely this would in turn assist your complaint further?!

Red

[reduk054]

OK, last letter to my adjudicator, requesting Ombudsman involvement. Just reiterating that I should not be worse off financially or credit-rating blackened due to Lloyds mistakes.

Sent recorded....we will see!

If not then hey ho hey ho its off to court I go....

[surprise]

Well at least you have another 8 weeks before you will need to make any further decisions.

[reduk054]

Well at least you have another 8 weeks before you will need to make any further decisions.

 

Very true! Just enough time for me to start the ball rolling via the courts about another Lloyds account, and bank charges!

[reduk054]

Have received a letter from the FOS regarding the outstanding case. Rather than being assigned to an ombudsman, another adjudicator has taken over my file due to my case not being dealt with fully by the previous adjudicator (who is on long term leave!).

So, am quite happy that I am back in the system so to speak!

All my low feelings about the FOS and their ability to look at cases in their entirity are currently suspended.

Should be interesting, as FOS are asking Lloyds for more statements!

In the meantime, Lloyds have not been in touch!

Red

[surprise]

As you say, its wait and see. My Citicards has finally been dealt with to which I am satisfied. Citi took the account back to the figure it was when it went into dispute. I got my charges back plus £50 for the tone of one of their letters which I complained about. So a figure of £915 when 1st Credit were assigned it has now gone down to just under £300 which I happy to settle at.

 

I do have another case with the FOS which will be interesting. Following on from their failure with my daughter's claim with CapOne, CapOne have refused to deal with me. My daughter has mental health problems, and has signed authorisation for me to deal with this matter. The FOS were quite happy to negotiate with me but not CapOne. After several letters to them and four authorisations they kept writing to my daughter, so I gave them an ultimatum write to me or I will put a further complaint in with the FOS for harassment. They sent a default notice to her so I put a complaint for harassment two weeks ago and they have already written to CapOne. I am absolutely seething about CapOne on this issue so I will not let it go. As a gesture of goodwill and to get CapOne off our backs I even made a full and final settlement offer which they did not acknowledge.

 

Good luck with yours and I will let you know how CapOne goes.

[reduk054]

Hi Surprise,

OMG! What a nightmare you are having re CapOne. It always amazes me that where a company can be so vicious with one customer, they can be supportive and understanding with another! CapOne seem a little Jekell and Hyde, as with me they have been very competant, and understanding (best not speak too soon though!)

IMO, it does feel that I am not so alone with my problems (other than sharing thm on here!), when I contact the FOS, OFT and TS. It still seems though that companies still have the upper hand, and the clout, and the departments to apply the thumb screws, let alone their DCAs etc, regardless of these external bodies who are here to help and support Joe Public. It sounds as though the FOS have been excellent so far in your case, you must have a good contact at their end!

I have contacted my new adjudicator to aknowledge his letter, which did give a little light at the end of a long dark tunnel. Mind you, what I am quibbling about is financially a low low amount, but stress wise, very high! Lloyds in fairness have stopped contacting me since the FOS involvement, but I will still have to await the outcome, but definitely feeling more positive!

best of luck with your daughter's case, and yes please keep me informed!

I will do likewise, good or bad!!!!

Red