Financial Ombudsman Service - Delays

[HermieMonk]

Is there anyone out there who is suffering long delays in getting FOS to review repossession disputes as I believe they have a standard delay of 9 months for such matters before it reaches an adjudicator. Would like some feedback on anyone suffering similar delays.

[kilkenny]

Hi am going through the same thing and have posted a thread. The FOS are dealing with our case and now the FSA have stepped in a closed the company preventing them from doing any regulated business. What seems to happen is that the FOS will do what they think is fair and reasonable but will not intervene in any Court process. It took us from September 08 to January 09 to get an adjudication. In the meantime the lender had got a possesion order. Even now we are still waiting for a final decision but in the meantime the FSA have stopped the lender doing any new regulated business. Even this though will not automatically stop any posssession proceedings and I am now applying once again to stop the warrant of eviction pending the outcome of the FOS and the FSA involvement. Would be glad to help if you need any further comments

[HermieMonk]

Thanks for response. In your case the FOS have appeared to have responded to your predicament? I have lost faith in the FOS process as I think that due to lack of resources/skills they are automatically delaying processing complex cases (9 months beore adjudication) and not telling complainants of this and then introducing more delays when you complain. There are, I believe, many thousands of people waiting for adjudication with no real redress if the FOS delay or are incompetent.

In my case, SPML/LMC, the lender, really screwed up sale following repossession and undersold the property and I'm seeking redress through FOS but now believe that this has just wasted time. My MP has not managed to get answers to basic question of delay and the FOS appears to be unaccountable for any unrealistic delays.

[Crapstone]

Thanks for response. In your case the FOS have appeared to have responded to your predicament? I have lost faith in the FOS process as I think that due to lack of resources/skills they are automatically delaying processing complex cases (9 months beore adjudication) and not telling complainants of this and then introducing more delays when you complain. There are, I believe, many thousands of people waiting for adjudication with no real redress if the FOS delay or are incompetent.

In my case, SPML/LMC, the lender, really screwed up sale following repossession and undersold the property and I'm seeking redress through FOS but now believe that this has just wasted time. My MP has not managed to get answers to basic question of delay and the FOS appears to be unaccountable for any unrealistic delays.

 

I used the FOS with SPML. To cut a long story short it was for charges after a suspended repo. and for the many mistakes they made including 'accidently' issuing a warrant of eviction.

 

It took 2 years for a final decision from the FOS..all charges and interest refunded plus compensation. SPML did put up a fight and refused to pass on their tariffs to the FOS, arguing that they were always seen to be in the wrong and all their charges were fair.

 

The account still isn't right but Capstone beg to differ even though enough evidence has been collated and sent.

 

But now we have to go through the whole thing again as SPML are applying a new set of charges even after they were warned that any future charges would be looked upon unfavourably. They have also denied receiving payments that were sent to them, asking us to to prove it and calling us liars. A SAR shows that they received the payments but didn't act on them.

 

The FOS can only act on the initial complaint so that leaves you wide open after that for any wrath that comes your way. The only positive is that the pestering letters go away once you show that you mean business and have something against them.

 

It's a rock and a hard place as to how you'd fair in court and a question of affordability against using the FOS.

[HermieMonk]

Thanks for that. I think that London Mortgage which was sold by SPML will still have a beligerent attitude. The argument I have with the FOS is that these institutions know that there are significant delays in the process so they can sit an wait and I do believe that the FOS puts any complex matters on the back burner as it screws their performance stats if they tackle these before the 'quick' win, straightforward, technical complaints. Unfortunately, the more complex matters usually involve higher figures of potential compensation and therefore more financial loss during the process to the complainant.

 

I think that the effectiveness of the FOS should be scrutinised more frequently and effectively but no one appears bothered or interested. I would like to hear from others that are concerned about delays as the FOS as with me is the only possible means of redress as an action through the Courts (County wouldn't cover potential compensation?) cannot be funded.

 

If there are other people out there who have or are waiting for adjudication by FOS I would appreciate feed-back.