Financial Ombudsman won't take Business Claim?

[HONESTKNOB]

Hi Guys, just thought I'd let you know the reply I've had from the Ombudsman about my business claim. I thought we were still ok to claim these??

 

Dear Sir

Thank you for your email. We can look at charges applied to a credit card account but a business account is also subject to the "test case" so can not be considered at the moment. I know there is information on some websites saying these can still be considered but this information is incorrect.

 

Any advice welcome.

[elsinore]

I would get right back to your correspondent at the FOS and ask him/her to point you to the exact authority for that statement. In other words, where can you see it written and by whom?

 

Els

[HONESTKNOB]

Nice idea. I'm tempted to put their direct e-mail on here so anyone with a business claim can get in touch with her direct.

[elsinore]

Why not?

 

I seem to recall one other example of this from the FOS in the last few days.

 

Many judges would disagree with her.

 

Els

[HONESTKNOB]

Wow, just e-mailed her at the Ombudsman and got a reply in 5 minutes!!!!!

 

Dear Sir,

I am unable to guide you to any conditions other than what we are told we can and cant look at.

 

Any complaints we had on a business account are just sitting upstairs with our charges team awaiting the outcome of the test case.

 

If the courts are dealing with them, I am unaware of this, but if they are then obviously you need to go to them.

 

I can only tell you we are doing no more than just sitting on the ones we already have.

 

Regards

[HONESTKNOB]

[email protected]

 

;-)

[elsinore]

Wow, just e-mailed her at the Ombudsman and got a reply in 5 minutes!!!!!

 

Dear Sir,

I am unable to guide you to any conditions other than what we are told we can and cant look at.

 

 

 

Having just picked my jaw up from the floor

 

Can she give you the name of the person who instructed her to do that, so that you can take it up with them?

 

Els

[HONESTKNOB]

I think that was her nice way of telling me to get stuffed. But if anyone else would like to take it up with her then feel free

[Hogbucket]

I have been to court with a business account case. I applied to have the stay lifted and the Judge - Judge Exon did not make a decision at the time but took the trouble to check to see if the stay applied to business cases.

 

I received a notification from the court back that it did, as a higher Judge had ruled that the stay applied to business accounts as well.

 

Unfortunately we have to wait.

[HONESTKNOB]

Interesting development. As I'd already printed the forms off, I sent them to the Ombudsman. I've had a letter through this morning to say it has been passed onto a case worker.

As my personal claim didn't even get this far with them I'm sitting here with crossed fingers that they are actually going to act on it.

Might be a case of the left hand not knowing what the right hand is doing.

[HONESTKNOB]

Well well. Received a full offer of a refund of all my charges this morning but without any interest. I've e-mailed back to say I'll settle when they pay the interest too.

There's even a letter stating that the FSA told them to proceed with Business claims.

Seems we knew more than Lisa Borg who sent me the snooty e-mail ;-)

[maroondevo52]

That's sound news Honestknob, FOS have been sitting on my Business Claim for months, think I should get in touch.

 

Regards.

 

Scott.

[elsinore]

On your way to a result there, HK.

 

Wouldn't mind seeing the wording of the letter re FSA, if you feel able to post it (all personal data deleted of course).

 

Els

[HONESTKNOB]

Not got a scanner here I'm afraid but I'll type the main bit.

'More recently, the financial Services authority undertook a review of the waiver it had provided to the banks concerning unauthorised overdraft charges complaints handling. At that time, the FSA decided that banks and building societies should, after all, continue to deal with complaints about default charges on business accounts,

[elsinore]

Lovely, thank you!

 

Els

[tifo]

my 4 claims are still on hold. Why has the FOS not told me they're now looking at these?

 

i'll get on the phone to them.

[maroondevo52]

Hi, tifo.

 

I've just e-mailed them. The one Honestknob's mentioned is away from the office for a while. Try e-mailing [email protected]. think she's on of the top dogs.

 

Regards.

 

Scott.

 

[tifo]

emailed the above yesterday, got a reply from a Manager that they are looking at business claims, so good news for me!

[tifo]

received a reply again, they are looking at business claims but my complaint re my business account is on hold re test case. Does this make sense?