What is exact 'link' between FOS and OFT?

[willtheywontthey]

1. Can anybody explain how, if at all, these two organizations co-operate or how the OFT reacts to FOS findings - if at all?

 

2. Also if the OFT does 'track' FOS findings how does this work exactly - do they investigate each FOS finding against OC / debtor?

 

3. What if FOS makes final decision and 'creditor' (aka me) disagrees and does not sign that I agree with final decision - what then?

[yourbank]

3. your only option is to go to the courts if you disagree with a final decision of the FOS.

[willtheywontthey]

Thank you for reply - was wondering (I never get a reply to this question) what the FOS actually 'does' if I disagree with his findings?

 

1. Nothing

2. Carries out his 'findings' despite my disagreeing?

 

and...

 

1. am I able to still 'quote' those parts of findings i agree with in future (telephone calls) with OC or any DCA???

2. Does the OC have to carry out what the FOS said in his findings despite my not agreeing with FOS final decision?

[yourbank]

you can write to them which they would have explained to you when they made the decision to appeal the decision within 14 days with any additional information. You can ask an Ombudsman to review the decision, you can even ask an independent adjudicator to review the case. Ultimately if you disagree with the findings it is not binding on you.

[willtheywontthey]

if I disagree is it binding on the OC??

[yourbank]

if I disagree is it binding on the OC??

No it isn't since it can only be binding if both parties agree to it.

[willtheywontthey]

I thought that both parties had to agree at the adjudication stage (we both disagreed) - it then went to actual Ombudsman who upheld the adjudicator's findings and I thought at this stage that if I agreed then the bank had to comply. Is this incorrect then?

 

Also I just cannot understand / find out what happens if I disagree at this last stage. If the Ombudsman has called my part of the complaint (A) the constant phone calls from the bank unreasonable then am I right to assume the bank can now cary on calling me if I disagree with FOS final decision because of part B of my complaint (charges). It seems I have to agree to both A and B or lump it?

[yourbank]

I thought that both parties had to agree at the adjudication stage (we both disagreed) - it then went to actual Ombudsman who upheld the adjudicator's findings and I thought at this stage that if I agreed then the bank had to comply. Is this incorrect then?

 

Also I just cannot understand / find out what happens if I disagree at this last stage. If the Ombudsman has called my part of the complaint (A) the constant phone calls from the bank unreasonable then am I right to assume the bank can now cary on calling me if I disagree with FOS final decision because of part B of my complaint (charges). It seems I have to agree to both A and B or lump it?

FOS is a dispute resolution service, effectively means that it is an alternative to going to court over the matter.

 

I think you should have kept complaint separate to be honest ie if you told bank not to ring and they did then you would have evidence of them failing to comply, ie log of all calls received.

If you have a complaint re bank charges then it is separate imho(and would be stayed in the county court as well).

[willtheywontthey]

Never thought of that. I suppose I thought it made sense then to bundle everything together.

 

I think I will actually refuse to agree because:

 

1. they pass the debt onto a dca anyway who themselves telephoe me - or try to (truecall)

2. the charges issue will still be an issue and the bank will not be able to say that I agreed or quote the FOS

3. the 'fine' will go into my account anyway so that would mess up my so many months of not paying and my 6 years start again.

 

Thanks for going through all this with me - helping me make my mind up at long last.

[Kraken1]

upheld the adjudicator's findings and I thought at this stage that if I agreed then the bank had to comply

 

yep

[Kraken1]

normally a case is decided on in total, so you will have to accept all the findings or reject it completely and try your hand elsewhere. ADR schemes are normally quite reluctant to let parties pick and choose which parts of a decision they are willing to accept.

 

I'm not sure that any award should go into your account, you should be able to specify where it goes. Most adr forms just arrange for a cheque to be sent, mainly so that you need to bank it and then this positive act is affirmation of acceptance of the decision.

 

I think a bank would be fairly nutty to continue to harass you after FOS had called them on it, irrespective of whether it was an adopted remedy by the parties. That said, sometimes nuttiness does prevail.

 

1. Can anybody explain how, if at all, these two organizations co-operate or how the OFT reacts to FOS findings - if at all?

 

2. Also if the OFT does 'track' FOS findings how does this work exactly - do they investigate each FOS finding against OC / debtor?

 

ADR is normally confidential between the parties and by definition, informal. I doubt very much whether the oft sees any detail of the cases heard. FOS is due to publish a name and shame list soon I understand and so this might change but I think it would only extend to giving them an idea whether a company needs investigating or not. I suspect if the figures come out and xyz ltd has a million complaints then they'll look at them, even though they might not have details of the actual complaints due to confidentiality reasons. Likewise if abc ltd were being investigated but FOS said there were no valid complaints then they might drop that case.

 

 

3. What if FOS makes final decision and 'creditor' (aka me) disagrees and does not sign that I agree with final decision - what then?

 

Nothing - you take your complaint elsewhere. I suppose they will still record the decision though.

[willtheywontthey]

end result was that I refused FOS final decision as Capital One would have been instructed to pay it into my account. Also fancied keeping my options open regarding charges in future if court etc becomes involved.

 

No calls received since but Capital One have been trying to flog this dead horse for a while now. I almost pity them.

 

Think I'll send them another SAR to keep them in jobs

[citizenB]

Keep an eye on your statements, there is a chance that Capone will put that money into the account anyway ?

[willtheywontthey]

thanks. Always wondered what the regs / laws state about the origin of monies into an account?

 

If they had put monies into account what then? I can imagibe all these OCs and DCAs simply putting in £1 a year in order to avoid the statutory time period...?

[Surfer01]

We are having a similar issue with Firstplus and initially we were offered £100 in compensation. This we rejected as totally inadequate. It also seemed to us that FOS had made the suggestion to Firstplus regarding the compensation.

That offer has now been hiked up to £250 but is paltry in comparison to the number of harassment calls and threatening letters we received due to a fault with Firstplus which stated we were in arrears. it ended up with me going off work sick with stress and then my temporary employment being terminated. SAR from FP shows nearly 700 calls in the period of a year.

We have now asked Trading Standards in Cardiff to raise criminal charges against Firstplus as per the Harassment Act.