FOS or Court??

[butwhy]

Ok so the time has come for me to file a claim but after reading through as much info about both routes I still can't decide!!

 

The FOS is free but will take much longer and does not require lots of documentation or the risk of having to face a judge

 

The Court route will cost to make a claim (although this is refunded if successful) But this will require writing POC's and maybe facing a judge etc.

 

So my question is - has anyone tried both methods and can offer a comparison? Most cases on here appear to opt for the court route so I want to know why people have chosen this method and if it was a successful option?

[maroondevo52]

Hi, butwhy.

 

I've done both, with my court claims HBOS just failed to acknowledge all my correspondence, even my court papers, so I won by default.

 

I had a Business account Claim, also a Visa Card Claim with FOS.

 

Have a look at the threads........

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/130094-maroondevo52-hbos-fos-business.html#post1431130

 

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/136021-maroondevo52-hbos-fos-visa.html#post1442178

 

 

Like you say FOS does'nt cost you anything, but you have to complain after you've had the Banks Full and Final offer, also you have to complain within six months of that Full and Final.

 

If your claim was a Credit Card claim or a Business Account claim, I'd go with FOS.

 

Hope this helps you a bit.

 

Regards.

 

Scott.

 

[butwhy]

Hi Scott,

 

Thanks for your info.

 

I have 2 credit card claims and 2 Current account claims to pursue so will definately read up on the FOS route and your threads to get some more info!

 

When you say HBOS failed to acknowledge your claims, did you claim AFTER you had already complained to the FOS?

 

I only ask because I did not see much more info about this in your threads (unless i read them too quick!)

[maroondevo52]

Hi,

 

Sorry I should have said.

My first claim was a Small Claim and second a Summary Cause Claim both successful.

With both claims, HBOS totally ignored all my correspondence to them, so when they had not responded to my Court Return date, I won by Default.

I just had to phone the court and ask if HBOS had acknowledged my claim, but they had'nt. No trip to the court then.

HBOS legal team phoned me and said they would put the cash into my account.

 

I did not want to risk Edinburgh Sheriff Court throwing out a third claim on the same Account,(as some people said they had started to do) so went to FOS.

 

And you know the rest.

 

Regards.

 

Scott.