Complaining to the Financial Ombudsman Service

[Pinky69]

You need to formally complain to the bank's complaints department before complaining to the FOS. The FOS must know the bank has given their final reply to all your complaints before they will consider a complaint to them.

[tem19]

And I definitely agree with the idea of getting a group of us together to complain to watchdog! The simple fact is, mis-selling and mislaying of CCA agreements has been rife amongst banks and just because ordinary hardworking folk are educating themselves about their legal rights after years of banks screwing them over (and in turn are giving the banks a taste of their own medicine), the banks see it fit to ignore the law and are fully supported in their actions by the FOS. The CCA is there to protect the consumer, bottom line. If a bank holds a consumer credit licence, they should face the consequences if they don't comply with the Act and regulations. We are always held accountable for every rule we break, so why shouldn't they be?

[reallymadwoman]

And I definitely agree with the idea of getting a group of us together to complain to watchdog!

 

I would be happy to co-ordinate this.

 

Suggestions of how to go about it would be appreciated. Perhaps anyone who is interested could write a brief summary of their complaint against the FOS (e.g. despite clear breach of OFT guidelines refused to uphold complaint) and PM it to me with their email address.

I could then compile a list of 'complainants' and send it to Watchdog who would be free to contact any and all of us if they wanted further details. Of course I would give an absolute undertaking not to use email addresses for any other purpose and to delete them as soon as I'd contacted Watchdog.

[tifo]

I would be happy to co-ordinate this.

 

I'd be a part of this.

 

I have a huge gripe with the FOS and am losing thousands because of their bias.

 

I also think we should do something with the media as well, as a poster suggested on here.

 

We need to let them know what the FOS is really like, not what they say they are like.

[tem19]

I'd gladly do this RMW. I think this is an excellent idea. God knows, there are enough of us out there with something to say about this so-called 'service'.

[samcam]

You need to formally complain to the bank's complaints department before complaining to the FOS. The FOS must know the bank has given their final reply to all your complaints before they will consider a complaint to them.

 

I have complained about the harassment (to Mercers & Barclaycard), made formal complaint about not providing CA and formal complaint about passing my details to RMA while account in dispute.

 

---------

 

Well, calls from Mercers finally stopped on 29/10/08 (two months after sending letter)

 

Barclaycard say they don't need to provide CA (see letter here: http://www.campbellphotographic.co.uk/images/barclaycard0002.jpg) and also that they do not consider the account in dispute so will continue trying to recover debt.

 

But no mention as to whether this is their final reply.

 

Passing my details to thrid party while account in dispute seems to have been ignored (or maybe they don't see it as an issue because they don't consider the account in dispute?)

 

Have I done enough to now go to the FOS, or do I have to make one big formal complaint to Barclaycard about everything listed above?

[tem19]

I have complained about the harassment (to Mercers & Barclaycard), made formal complaint about not providing CA and formal complaint about passing my details to RMA while account in dispute.

 

---------

 

Well, calls from Mercers finally stopped on 29/10/08 (two months after sending letter)

 

Barclaycard say they don't need to provide CA (see letter here: http://www.campbellphotographic.co.uk/images/barclaycard0002.jpg) and also that they do not consider the account in dispute so will continue trying to recover debt.

 

But no mention as to whether this is their final reply.

 

Passing my details to thrid party while account in dispute seems to have been ignored (or maybe they don't see it as an issue because they don't consider the account in dispute?)

 

Have I done enough to now go to the FOS, or do I have to make one big formal complaint to Barclaycard about everything listed above?

 

Yeah they didn't tell me either whether it was their final reply but it probably is. The bank may not think that the account is in dispute but how can they tell you that the account is in dispute when you dispute it? I would tell them that the lack of a CCA agreement is a clear dispute as they have no right to make demands for payment, etc until they can produce a true copy in accordance with your CCA request. You sent a SAR as well?

 

I think you have done enough to go to the FOS but maybe also make a big formal complaint to Barclaycard as well (and enclose it with your FOS complaint along with all other correspondence btwn you and Barclaycard). As you may have figured already, the FOS may not be so unbiased as it should be.

[Helmetfire]

Yeah they didn't tell me either whether it was their final reply but it probably is. The bank may not think that the account is in dispute but how can they tell you that the account is in dispute when you dispute it? I would tell them that the lack of a CCA agreement is a clear dispute as they have no right to make demands for payment, etc until they can produce a true copy in accordance with your CCA request. You sent a Subject Access Request as well?

 

I think you have done enough to go to the FOS but maybe also make a big formal complaint to Barclaycard as well (and enclose it with your FOS complaint along with all other correspondence btwn you and Barclaycard). As you may have figured already, the FOS may not be so unbiased as it should be.

You don't have to have received a final response/reply from them to make a complaint but 8 weeks have to have passed since you made the original complaint....the FOS will ask them for their response if they have not done so in 8 weeks. Otherwise the Financial providers could just refuse to give you a final response and keep you in limbo forever.

[Helmetfire]

I have had three complaints with the FOS submitted at the beginning of August 2008. I have to admit that from the start they have just completely befuddled my poor brain. Two of the complaints were for two different accounts with the same lender....therefore I treated them as separate complaints, but the FOS seem to have lumped them together despite the fact that they are very different complaints...on one account I have just been fobbed of with an application form instead of a CCA and on the other they have just completely ignored all correspondence from me. I actually asked the person at the FOS when he phoned me to let me know in his letter which complaint was which as the reference numbers seemed to give no clue....but he still didn't:roll:

 

As for the other complaint the FOS started going after some company (who are apparently the parent company for one of the seemingly multitude DCA's that the bank pretend have nothing to do with them) who I have never even heard of and certainly not made the complaint about, when I questioned them about this they seemed just as confused as I am:confused:

 

I am not holding my breath for any kind of resolution from these loons....but at least it gives me something to tell the latest DCA that the bank have passed my account onto.

 

p.s. apologies if that made no sense....that really is how it seems to me at the moment.

[samcam]

I was going to send a complaint to FOS about Barclayshark re:-

 

1. Breaches of the OFT Guidance on Debt Collection

2. Breaches of the Consumer Credit Act, 1974

3. Breaches of the Data Protection Act, 1998

4. Breaches of the Communications Act 2003

5. Breaches of the Malicious Communications Act 1988

6. Harassment as defined in the Protection from Harassment Act 1997 and the Administration of Justice Act 1970

7. Breaching the rights to privacy provided to me by Article 8 of the Human Rights Act 1990

8. Breaches of the Consumer Protection from Unfair Trading Regulations 2008

9. Use of threats and intimidation designed to cause emotional distress

7. General Administrative failures

 

QUESTION TO THOSE WHO KNOW: Can any of these be considered criminal acts?

[samcam]

You sent a Subject Access Request as well?

 

Yes. All they returned was EXACTLY 6 years worth of statements (pre- May 2004 sent as a gesture of good will )and a photocopy of my original Application Form (not the credit agreement).

[steven4064]

QUESTION TO THOSE WHO KNOW: Can any of these be considered criminal acts?

4,5 and 6 can be. the rest, no AFAIK

[sosumi]

I would be happy to co-ordinate this.

 

Suggestions of how to go about it would be appreciated. Perhaps anyone who is interested could write a brief summary of their complaint against the FOS (e.g. despite clear breach of OFT guidelines refused to uphold complaint) and PM it to me with their email address.

I could then compile a list of 'complainants' and send it to Watchdog who would be free to contact any and all of us if they wanted further details. Of course I would give an absolute undertaking not to use email addresses for any other purpose and to delete them as soon as I'd contacted Watchdog.

Sounds like a great idea to me

[reallymadwoman]

In the morning, when sober (ish!) intend to start a new thread for this as we seem to be hijacking the original purpose of this one.

 

You wouldn't believe how long it took to type that right (or is it write?). I'm having a belated New Year celebration. I's allowed.

[The GodMother]

Deffo allowed a bleated new year celebration its not to late still on Dec 30th 2009 IMHO

[reallymadwoman]

In the morning, when sober (ish!) intend to start a new thread for this as we seem to be hijacking the original purpose of this one.

 

You wouldn't believe how long it took to type that right (or is it write?). I'm having a belated New Year celebration. I's allowed.

 

New thread here:- http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/175651-complaints-about-fos.html#post1896353

[cadencealex]

FOS just said they don't know how successful I will be getting the default removed from Capital One.

 

It is a default for £300 with charges comprising £176.

 

Am I best paying off the balance and then taking them to Court?

[BarmyRockChick]

My OH's complaint to the FO was pointless to be honest, they gave barclaycard another 2 months (on top of the 2 they've already had!) to reply to our complaints. Also they won't get involved in making them produce his CCA oh and on the day that FO contacted barclaycard they started calling 10 times a day with only 3-5 minuite intervals between calls just to harass us!

 

FO is a waste of space and to my mind just a buddy to the banks!

Jo

[steven4064]

O is a waste of space and to my mind just a buddy to the banks!

I ca,e to that conclusion a long time ago (on about page 2 of this thread )

[cadencealex]

Thing is though, I am now at standstill with two companies and have had two final responses.

 

I am going to have to initiate Court Action.

[steven4064]

I have been making that point on this thread since about page 2 as well

[diddydicky]

I ca,e to that conclusion a long time ago (on about page 2 of this thread )

 

if you get a minute i would appreciate your comment s on my thread

 

Nationwide- Next Step?

 

thanks

 

dick

[Jameson78]

Just spent a couple hours reading all the posts on this thread.

 

The first few pages were amazing! Then I couldn't help feel the negativity concerning the FOS. We must keep up the fight!

 

RMW - thank you so much for your posts and don't let the B'tards get you down!

[patrickq1]

waste of space the FOS beleive me ive been writing and sending documents that they keep losing and changing personel,,my complaint goes way back to 2006 and after sending 83 pages ime still waiting ?

[diddydicky]

the do indeed seem to be a waste of space but i think it important that people still keep complaining

 

they WILL be audited and if they are not receiving complaints they will be seen to be doing their jobs properly hence the need to keep them under pressure

 

sooner or later they will have to bare their teeth