FOS - final decision help pls

[willtheywontthey]

Would somebody clarify what the implications are if I agree with the FOS decision based on my complaint which was initially about penalty charges and phone calls. The bank offered initially a goodwill figure of the full penalty charges but nothing about phone calls. I therefore did not accept this offer by bank ans asked FOS to further investigate. After that the bank declined to give the goodwill payment and stated to FOS they had already refunded difference between 30 and 12 pounds which I am sure they partly did. The amount intiially in charges made up my late payment - now 12+ months later it is much much more.

 

FOS Ombudsman states in its findings section that the bank's action on the phone alls caused me 'distress and inconvenience' and they should pay 250 pounds but to the account.

 

I am quite pleased about the calls 'win' but am unsureof the implications of my signing that I agree with the decision of the FOS as I imagie that means I also agree that the penalty charges issue of 12 pounds is fair and I cannot complain again?? OR am I reading too much into this?

 

I would like to sign it as the bank would be obliged I imagine not to phone me (although the findings does nt 'tell' them to stop it just tells them off. If I do not sign I imagine the bank will ignore FOS findings and carry on phoning?

 

The FOS did state that if I sign to agree it becomes binding on the bank but if I do not sign neither of us are bound by it.

 

The form to accept or reject refers to the 'decision' by the FOS but at the end of the FOS report there is only one small paragraph that states he upholds the complaint in part and bank should pay 250 pounds to the account. He makes no other award.

 

Am I then somehow never allowed to raise any of the previous issues ever again with anybody or just the FOS because of the fact I have to sign to agree to above? Are the penalty charges nwo somehow legitimate and accepted if I sign? Am I never allowed to refer to illegal penalty charges ebcause I sign? the fact I ask that is thatwhat they ask me to sign is one paragraph really is it not and nothing else on the report is referred to on the acceptance form although the report heading is 'final decison' and last paragraph says 'decison'.

 

Am I agreeing to absically everything the FOS says in the report and if I do does it have any knock-on with any other organisation other than the FOS?

 

Also is it true I have to accept for the Ombudsman's findings to be binding on the bank?? I always thought their findings were fixed and unchangeable but yet binding on banks. Why do I have to sign this last stage???

[someone_else]

We'll need the actual wording of the letter (or you can contact the FOS for clarification).

 

Basicaly (assuming its the same one we got when the bank agreed as a 'goodwill gesture' to pay back PPI) the FOS have finished their investigation, if you agree with it sign the letter and they'll forward it to the bank who will then pay you what the FOS say, the FOS will then count the matter as closed.

 

If you don't agree then I think you can get the FOS to investigate further (depending on the wording of the letter).

 

What was in your complaint to the FOS - was it just about phonecalls or was it about charges aswell.

 

What did you turn down from the bank, did you turn down the charges refund or just the phonecall bit?

[willtheywontthey]

the actual words in the two sentence 'findings' section at end of the report (which comprised - background, what bank said, what I said) are basically the words in red -

 

For the reasons I have explained, my Final decision is that I uphold this complaint in part. In full and final settlement of it, I order Capital One Bank (Europe) Plc to credit (my name) credit card account with £250. I make no other award'

 

That is basically it - after much opinions and waffle I guess the 'decision' section is the decision not the rest of the report which includes background etc? I guess the FOS cannot order Capital One to stop calls? Am I right in assuming they can carry on calling then even if the FOS said with regards to my requests for the phone calls to stop:

 

'But the simple fact is that (my name) was entitled to make that request, and Capital One should reasonably have complied with it. Because it did not do so, I share the adjudicator's view that (my name) is entitled to be compensated for the resultant distress and inconvenience. The adjudicator assessed appropriate compensation at £250, and I agree with that.'

The Ombudsman also gives opinions in his 'findings' section regarding 'there does not appear to be any dispute that I owe the money in question.'

 

My initial complaint was about phonecalls and penalty charges.

 

If I do not sign then I take it the bank can carry on phoning me and ignore the FOS finding??

 

If I sign does the bank has to stop making calls (?) as findings said they were basically unreasonable and caused me distress?

 

I did state there was about £400 worth of charges but FOS were happy that the bank had paid back £50?! (I have no idea hwo they worked that out).

 

So another question is I guess my 6 year statutory time period of non payment will be affected if the bank pay their own money into the account?!

 

Simple questions - if I sign / do not sign then what are consequences ?

 

I'm trying to balance the pros and cons of signing 'I agree'

[willtheywontthey]

 

What did you turn down from the bank, did you turn down the charges refund or just the phonecall bit?

 

I turned down the offer of the goodwill payment as this is all that was sent to me at time by the FOS over a year ago. I replied stating I could not sign as final decision of my complaint as nothing had been mentioned by the bank nor FOS about the other part of my complaint on original FOS complaint form - namely the phone calls!

[willtheywontthey]

also if I sign the form - this form mentions if I agree with the 'decision' - from that am i right to assume I can disagree with any of his opinion within the document but that I agree with his statement (red bit)

 

Decision

 

For the reasons I have explained, my Final decision is that I uphold this complaint in part. In full and final settlement of it, I order Capital One Bank (Europe) Plc to credit (my name) credit card account with £250. I make no other award'

 

 

Does signing mean that I agree with that sentence and nothing else he said previously?

 

What about my penalty charges? I assume the FOS will not investigate those again - does it mean anything else to other organisations or future??

[yourbank]

I think you need to clarify with the FOS exactly what they mean and the points you are asking.

[willtheywontthey]

I'm starting not to trust advice of FOS - they are never clear cut when I ask them questions.

 

 

I always thought Ombudsman decision was final on the financial institution and there was no need for complainant (me) to sign / agree anything?? If so this would solve my problem.

 

Anybody know more on this?

[willtheywontthey]

Hoping somebody ion the legal forum would be able to solve this query for me?

 

I've also started to wonder whether the FOS decision on my request for phone calls to stop as being 'reasonable' would then somehow have a knock-on effect on any dca that gets involved to hassle me on behalf of this bank or even if they end up buying the 'debt'?

 

Really need to find out (other than from FOS who are biased) what the implications are of me signing the final final final FOS findings? Why do I have to sign at the end stage?

[yourbank]

I'm starting not to trust advice of FOS - they are never clear cut when I ask them questions.

 

 

I always thought Ombudsman decision was final on the financial institution and there was no need for complainant (me) to sign / agree anything?? If so this would solve my problem.

 

Anybody know more on this?

 

The ombudsman decision is final if you agree with it. The problem is that if the Financial institution doesn't agree there is not enforcement powers for them.

What did they say when you asked them?

[willtheywontthey]

maybe I'm mistaken but I had thought that the Ombudsman's decision was final to the financial organisation but not me whether I agreed or not?

 

what I've been told is as above but I have to sign to say I agree. BUT the Ombudsman's decision on the telephone calls I agree with of course despite them wanting to pay it into the account - it's a 'win' BUT there are some penalty charges which FOS state basically are ok and I do nto want to agree that they are 'ok' for the future so I can dispute with DCAs etc in the future? Admittedly the amount is now less percentage compared to starte of dispute because I've stopped paying.

 

Also my 6 yrs of not paying (!) will have to start all over again if they put money ie the 'fine' for phone calls into the account?

 

 

Regardless - if I choose not to agree to sign then am I able to still use his findings as quotations etc and that the bank will stop calling because the Ombudsman made his statement stating unreasonable etc?