Jump to content



  • Tweets

  • Posts

    • Thank you for your reply BankFodder and all advice.    Will do the SAR, as mentioned and reading customer service guide.    Thanks again.     
    • Send Firstport and SAR. Do it today. Read our customer services guide and implement the advice there in future. With any company. I expect my site team colleague @dx100uk will be along shortly to provide you with the help you need. Finally, please can you avoid posting in a solid block of text. It's very difficult to read and very unhelpful. Properly spaced and punctuated will encourage others to visit your thread and to give you the support that you need.
    • Hi. This is the first year I had to ask Firstport could I pay by instalments due to company/job closures. They agreed on the phone I could pay instalments. No record was sent or a payment plan put in place. I simply paid on their website by credit card. I paid different amounts and paid every month but I had a blip one month & couldn’t pay so carried on paying the months after. A refund arrived in another month so I ‘used’ that as my instalment. Suddenly 6 months into the year I received a letter from the debt co. PDC saying I owe extra money plus admin fees. They did not know it had been agreed that I was paying instalments so I told them this.  They then agreed it with FIRSTPORT. I then pointed out I had paid up to date. I received no notification from FIRSTPORT about anything being overdue until an email came a day later than the letter!  I’ve been battling with them since November and they just don’t listen. I don’t want their sympathy as everyone has a nightmare year. But I can’t pay them anymore than what I already have to.  Is this all legal ?  many thanks in advance for advice. Marion. 
    • Its all political now Hightail, and the politicians are playing with lives, also Hancock seems to think that its ok to have a flexible interval between jabs, and mix and match vaccines at random depending on what available on the day, with no clue as to adverse interactions.  he should be in jail along with Whitty and ferguson,.
    • I don't think we have any reliable data for a single dose of any vaccine so far.  What we do have from the current protocol are great figures for how many people have received a single shot.  I'm concerned that's more useful for political propoganda than medical efficacy.
  • Our picks

    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Complaining to the Financial Ombudsman Service


Please note that this topic has not had any new posts for the last 3503 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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 ?

 

 

That's unbelieveable!!

 

I think we still need to push forwards!

 

The alternative is to write a "bemused" letter to each DCA... which could go on forever?

 

Still complain and let them be charged £450!

Link to post
Share on other sites
  • Replies 299
  • Created
  • Last Reply

Top Posters In This Topic

Some people will be aware that I haven't posted on the site for about ten months. I can't explain why at the moment, nor can I comment about my FOS complaint. I hope to be able to do so very soon.

 

In the meantime please, please do keep complaining to them, but don't hold your breath waiting for a response or expect a positive response, at least not before the London Olympics! The only purpose of complaints to the FOS at the moment is

 

a) To keep the numbers up

b) To cost banks/DCAs the investigation fee.

 

Many thanks to everyone who sent enquiries about my health etc, and apologies for not replying. Hopefully all will become clear this week.

 

RMW

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Link to post
Share on other sites

hello rmw nice to see you back although myself i only occasionally come on well let me reword that i only occasionally respond but illness has forced me to sit back and try be stress free nice your back hope your well

pat

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

Link to post
Share on other sites

Just recently I have had two complaints against DCA's settled via the FOS. Both went in my wife's favour and she was awarded money for the distress and inconvenience caused by both the DCA's, namely 1st Credit and Booker Management Services Limited.

 

Overall I am happy with the service and would use them again.

 

Spark

Edited by spark1
Link to post
Share on other sites

Good news Spark thanks for that...can you enlighten us a little more on what 1st Credit did ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites

42man

 

About 2.5 years ago, 1st Credit sent her letters using the Barclaycard Logo paper along with their own letters asking her for unpaid debts. The debts were not hers, but they carried on using solicitors, connaughts and other collectors etc.

 

Connaughts sent SDs, you know the usual stuff you read on here. I complained to the FOS and they contacted 1st Credit, but 1st Credit still carried on.

 

It was a long draw out process, but worth it in the end, because they may think twice before they start on another innocent person.

 

If you look on the FOS site, they have now drawn up requirements for DCA's to follow in relation to debt collectiing.

 

Also the complaints were only filed with the FOS about a year ago.

 

Spark1

Link to post
Share on other sites

I really hope you reported them to the Office Of Fair Trading too. What a terrible story...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites
Some people will be aware that I haven't posted on the site for about ten months. I can't explain why at the moment, nor can I comment about my FOS complaint. I hope to be able to do so very soon.

 

In case anyone from the Bank is still reading (explains point one) the estate agent is coming round tomorrow to take his photos, so if you want a charging order, you'd better move quick as I'll be renting after the sale goes through. Don't let the outstanding FOS complaint stop you, just like it hasn't stopped you doing anything else.

 

No doubt you have been copied the latest missive from the entirely biased adjudicator, but don't get your hopes up as I will not be giving up. If it costs me every penny of the equity, I will take this just as far as I can.

 

On a more serious note, can anyone outline the procedure for judicial review which is apparently the only way to appeal an FOS decision.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Link to post
Share on other sites

hi rmw hope things work out for you

here it is the procedure for JR

Pre-Action Protocol for Judicial Review - Ministry of Justice

  • Haha 1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

Link to post
Share on other sites

Nice to have you back, RMW. Hope you are well :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

A point to bear in mind:

 

The FOS state that if one does not agree with his decision, one is free to take the matter to Court.

 

Factually, this is incorrect if ones case is complex and involves a large amount of law.

 

The General Consumer, is not able to fund litigation in complex cases;

going to trial in such could cost in excess of £20,000!

 

Furthermore, it is nigh on impossible to obtain legal aid funding.

 

Therefore, the FOS are letting down the General Consumer;

the FOS are fully aware of these sometimes insurmountable hurdles.

However, they contue in their own procedural fashion, leaving many who have valid cases, left in limbo.

 

Hardly fair nor reasonable, is it?

Link to post
Share on other sites

I've been reading up on Judicial Reviews all day (apart from when the estate agent was here - apparently he has a queue of people wanting to buy in this road so I could be moved by Christmas) and it sounds complicated and expensive as loser pays all costs. How many of the general public could afford to risk having to pay costs not just for themselves but also the FOS and any other interested party - e.g. the Bank involved?

Add to that the cost of getting to the hearing unless you live in one of the five cities where the Administrative Court sits - I don't, nearest is London @ 200 miles - and the abundantly obvious fact from what I've read so far that you can't do it yourself and will need not just a solicitor but also a barrister.

If someone had set out to design a system to deter anyone from challenging this sort of decision, they couldn't have come up with anything much better.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Link to post
Share on other sites
Nice to have you back, RMW. Hope you are well :)

 

Thank you. I was much better before all this c**p blew up again. Didn't sleep well last night.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Link to post
Share on other sites
A point to bear in mind:

 

The FOS state that if one does not agree with his decision, one is free to take the matter to Court.

 

Factually, this is incorrect if ones case is complex and involves a large amount of law.

 

The General Consumer, is not able to fund litigation in complex cases;

going to trial in such could cost in excess of £20,000!

 

Furthermore, it is nigh on impossible to obtain legal aid funding.

 

Therefore, the FOS are letting down the General Consumer;

the FOS are fully aware of these sometimes insurmountable hurdles.

However, they contue in their own procedural fashion, leaving many who have valid cases, left in limbo.

 

Hardly fair nor reasonable, is it?

ARE MOST OF THEIR STAFF SELF EMPLOYED ?

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

Link to post
Share on other sites
I've been reading up on Judicial Reviews all day (apart from when the estate agent was here - apparently he has a queue of people wanting to buy in this road so I could be moved by Christmas) and it sounds complicated and expensive as loser pays all costs. How many of the general public could afford to risk having to pay costs not just for themselves but also the FOS and any other interested party - e.g. the Bank involved?

Add to that the cost of getting to the hearing unless you live in one of the five cities where the Administrative Court sits - I don't, nearest is London @ 200 miles - and the abundantly obvious fact from what I've read so far that you can't do it yourself and will need not just a solicitor but also a barrister.

If someone had set out to design a system to deter anyone from challenging this sort of decision, they couldn't have come up with anything much better.

Perhaps your MP could help and saying that what about a letter to MP JOHN MC FALL after all he is commitee chairman of the finance and banking sector this sector he is highly critical of them and i beleive he is sympathetic to us the votors and may help ?

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

Link to post
Share on other sites
Perhaps your MP could help and saying that what about a letter to MP JOHN MC FALL after all he is commitee chairman of the finance and banking sector this sector he is highly critical of them and i beleive he is sympathetic to us the votors and may help ?

 

I know my MP will not help. He belongs to the 'debtors are criminals' school of thought.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Link to post
Share on other sites

also rmw you could go to his opposite member of another party in your area and complain about him...this works wonders but john McFall is the best bet in this situation

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

Link to post
Share on other sites
  • 3 weeks later...

Current position

 

1. Complaint about the FOS on hold whilst they fast-track the complaint to the FOS. They apparently can't do both at once.

 

2. The best I can hope for from the adjudicator is the complaint will be upheld against Blair & co, but will not include harassment, discrimination or any complaint against BOS in general, therefore to go further I would have to go to an Ombudsman which could take another 6 months with no guarantee they would come to any different conclusion. Excluding BOS from the complaint is actually an easy way out for them.

 

Is there any reason why I can't take any and all action short of actually issuing proceedings whilst still allowing the FOS complaint to proceed? I want to keep my options open until the last possible minute because whilst that complaint is still undecided the bank cannot issue against me - or they could and risk a less than impressed judge.

 

Apart from preventing the bank doing anything other than send more nastygrams, there is always a possibility that the FOS will see sense (did anyone else see that flying pig?) and save me the hassle of going legal until I'm ready to do it, so I don't want to withdraw the complaint yet.

 

Having just read through this, why am I complaining about the FOS being so slow. I'm now really good at ignoring the threatograms, so if the bank can't realistically do anything else, the longer they take the closer we get to statute-barred. At the rate the FOS have moved so far, it'll be so far past statute barred that not even Lowells would have a go.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Link to post
Share on other sites

Having just read through this, why am I complaining about the FOS being so slow. I'm now really good at ignoring the threatograms, so if the bank can't realistically do anything else, the longer they take the closer we get to statute-barred. At the rate the FOS have moved so far, it'll be so far past statute barred that not even Lowells would have a go.

 

i was thinking about the statute barred this cannot happen if the bank have passed this data to another company the other company would just issue a default against you rendering the statute barred obsolete,i have just instructed eperian for this that i inted taking action against them because hfo have issued a default against me whilst i am in dispute with ,organ stanley...if it werent for hfo my case would be statute barred

patrickq1

so like you rmw i am considering to take morgan stanley to court to force this issue i want answers from them about charging double ppi and they will not pass the data to me they have also lied to the fso concerning the double ppi yet i have it in black and white on my statements ?/

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

Link to post
Share on other sites

Lowells have apparently 'bought' one BOS account. They have put the account in their name on my CRA file. I'm not complaining. They can issue as many defaults as they like, it still won't get them a response from me or any money.

Since there is an outstanding complaint with the FOS if they issue proceedings they will have egg on their faces - the courts don't like people trying to circumvent alternative dispute resolution services, which is what the FOS is. In fact, I'd like Lowells to issue so I can claim wasted costs from them as well as make them look entirely stupid.

 

I don't see how issuing a default could make an account not statute barred? If the 6 years has passed then can pay themselves for all the difference it would make.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Link to post
Share on other sites

Perhaps I've got this wrong, but I thought the Statute barred clock could only be restarted by the debtor by acknowledging the debt in writing or by making a payment. If the creditor can restart the clock then nothing would ever get statute barred!

Edited by exchange
typo

Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...