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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Financial ombudsman comes under fire as insider reveals litany of bad practices


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The problenm kerry is that when you work for a bank you are trained (brainwashed) into their way of thinking or their mindset which is not always unbiased.

HTH (Hope This Helps) RDM2006

 

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The problenm kerry is that when you work for a bank you are trained (brainwashed) into their way of thinking or their mindset which is not always unbiased.

 

Actually rdm2006, people within the industry also think that the FOS is biased. However, they feel that the FOS is biased towards consumers.

 

IFG Financial Services Ltd, R (on the application of) v Financial Ombudsman Services Ltd & Ors [2005] EWHC 1153 (Admin) (19 May 2005)

Heather Moor and Edgecomb Ltd, R (on the application of) v The Financial Ombudsman Service Ltd & Anor [2010] EWCA Civ 401 (25 March 2010)

Green, R (on the application of) v Financial Ombudsman Service Ltd & Ors [2009] EWHC 3584 (Admin) (27 July 2009)

Brinsons (a firm), R (on the application of) v Financial Ombudsman Service Ltd. [2007] EWHC 2534 (Admin) (02 November 2007)

 

Some at the FOS may very well be biased but it is equally possible that they are just incompetent.

 

I did not post in the thread to argue the rights or the wrongs of the FOS, merely to correct some of the misunderstandings .

 

I wrongly thought that would be appreciated and not looked upon as something wrong

Edited by kerrywst
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I can only work on my own experience, if your experiences have led to the conclusion that you hold, then why can you not accept others have had experiences which have led them to their conclusions

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

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A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

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I can only work on my own experience, if your experiences have led to the conclusion that you hold, then why can you not accept others have had experiences which have led them to their conclusions

 

I don't think I have said that I don't accept that people have had bad experiences. To be clear, I fully accept that people have had very bad experiences. If you go back to my previous posts I merely corrected you that the FOS was not there to defend consumer rights.

 

I then posted about comments made about legislation regarding the powers of the court and how it applied to powers of the court and not the powers of the Financial Ombudsman Service.

 

I don't think the FOS is perfect, far from it.

 

Sorry to have to correct you again

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I don't think I have said that I don't accept that people have had bad experiences. To be clear, I fully accept that people have had very bad experiences. If you go back to my previous posts I merely corrected you that the FOS was not there to defend consumer rights.

 

I then posted about comments made about legislation regarding the powers of the court and how it applied to powers of the court and not the powers of the Financial Ombudsman Service.

 

I don't think the FOS is perfect, far from it.

 

Sorry to have to correct you again

sorry to have to correct you, and just to be clear, you have not corrected me on previous posts (nor have I corrected you) and you are not correcting me on this one either, you appear to be agreeing that FOS is not perfect along with extrapolating further

 

 

I did not post in the thread to argue the rights or the wrongs of the FOS, merely to correct some of the misunderstandings .

 

actually Kerrywst - stating that something is correct or incorrect IS arguing right or wrong

 

Maybe that is your downfall here, you are not attempting to give an opinion you are just saying "I'm right and you are wrong" where there is no right or wrong, there is just one opinion or another.

 

You (and I) know that it is an arbitration service, however, when FOS does actually find in favour of the consumer it could be perceived to have defended that consumers rights.

 

Sorry to have to correct you again

 

 

Thank you for your apology at the end there (even though it was not necessary, you have not done that which you apologise for)

Edited by rdm2006

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

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A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

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Hello All,

 

From my experience the FOS are not fit for purpose for all the reasons listed by the many - we have created a complaints culture and associated industry - and simple disputes now get funnelled into a never ending processes policed by incompetents - its a complete waste of everyones money and time.

 

We need to disband all the useless complaints/ombudsman processes and force organisations to deal with disputes in terms of minutes/hours not years - and fine them off the internet/high street etc if they continue deliberately divert complaints into bias and/or useless processes.

 

ed

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  • 5 months later...
Having had an issue with the FOS and been totally fobbed off along with a large number of other people the question I have to ask is, When are we going to get together and. on mass, put a complaint to the regulating authority of the FOS and stop wingeing amongst ourselves?

 

Good point mikesmotor - I'm new to this site but I have just created an e-petition on HM Gov website so we can do exactly that - it should be available in the next week or so but it suumarises what I have been reading here :)

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Just got a judgement from the FOS. Ruled in my favour then closed the case. The bank still hasn't paid up. I sent the FOS a spreadsheet with the total cost of PPI, credit card interest and statutory 8% interest. FOS sent the spreadsheet along with a "chase letter" to the bank, but nothing happening. FOS refuse to say when I'll get a refund. It looks like it's just going to have to go to the courts, especially since the bank is still making a loss and the parent company is trying to sell them off. Did a check of the executive directors, and one of them was a previous director of the Australian FOS. So the bank knows how to play the waiting game.

 

Whatever is to replace the FOS needs to have the power to suspend the trading of a bank if they keep behaving like dodgy market-square traders.

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  • 2 weeks later...

the F.O.S will continue till every one stands together they do with out a shadow of a doubt stand by the banks and other.

and the way they keep holding a case on my own for well over three years proves this fact.

then in there findings they contradicted the high court findings which we had to fight.

 

The only reason any one can make from this is the fact they did not want to upset the banks and others now the banks and Kensington mortgages in particular use just part of there findings in any court case they bring yet it say that one dos not have to agree and then its not bindings on the parties and as such surly it become non applicable or you would think so would you not.

 

i started a partition but the problem is getting other to stand by what they say only five signed.

 

I would start a e partition which would need 100000 signatures to get any were but would need more support from every one that is the only way we will get any were we must stand together and get others to do the same.

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I want to sign up, let me know when it's ready I can get some signatures on there!

 

I have had mixed experiences with FOS, 1 or 2 good but the majority been handled bad. FOS do tend to favour the banks, payday loan companies etc, even though you highlight relevant legislation or OFT guidelines to them. I do think that employees at FOS do need training up (I dont want to use the word incompetent), in my experience, including the people that allocate the complaints, I have only come across a couple of people from the FOS who seem to know what they are doing.

 

In one of my complaints regarding a insurance company, the person allocating the complaint just kept sending the complaint back to me as they did not recognise the name of the insurance company (Homeserve)!!. This went on for 3 months. Then I get a letter telling me that its another company that owns it and they will write to them. Few months later, I submit another complaint saying I have not heard from the company they have written to. They send me another letter that its another company and they will now write to them. Same issue again, I submitted another complaint form as I had not heard from them after 8 weeks. To make the long story short, they eventually wrote to Homeserve and I had heard back from the investigation after 1 year and 3 months!!

 

On another occasion, one of my complaints has gone to the Ombudsman but as they are overloaded with work "with the large number of complaints being referred" (wonder why?!), they keep writing to me every month saying its not been looked into yet - I have been getting these letters for the last 8 months - I have lost count of how many months/years it actually has been since i submitted the complaint!

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That a start will get it up and running this next week.

By the way i know how you feel given it was over three years with my own

just to be told that which i was told from the start.

I won a high court case and can tell you that under the MCOP 1.5.1

I should have won the case with the FOS

 

In my court case i had subrogated the mortgage to the rights of the bank

Now it down to the bank again

they saying it not on us but the order dos say subrogated to the rights

look at subrogated for the full fact of the case

under fight for rights

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I did some research into who was handling my case. Discovered there was a social network going all the way to the the principal of my university and the treasury committee. Strangely enough, it wasn't until I had quite literally run out of money that they suddenly decided to let me complete my PhD.

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I did some research into who was handling my case. Discovered there was a social network going all the way to the the principal of my university and the treasury committee. Strangely enough, it wasn't until I had quite literally run out of money that they suddenly decided to let me complete my PhD.

 

That about right and the only thing which will help is your not the only one but that nice to know but dos you no good

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  • 2 weeks later...

Hi All,

 

I have come to the conclusion from the published information on this site that the Financial Ombudsman and Legal Ombudsman were formed to protect dodgy and dishonest financial institutions and lawyers from being hauled through the courts. They have not been formed to protect everyday people, in fact it looks like the exact opposite. This is why the FOS and LO must be disbanded and replaced.

 

Please sign "fight for rights" petition

 

Ed

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THANK YOU ALL

for your support now we must fight to get justice here is you e petition and taking into consideration every thing you and other have said on this site along with the emails which we have received at [email protected].

our pertition is now ongoing and up and running so get your family and friends to sign today

ALSO GET ON FACE BOOK AND TWITTER tell them change is on the way with there help

 

Financial Ombudsman Service and the F.S.A

 

Her Majesty's Treasury

 

The F.O.S along with the F.S.A.Must be disbanded and replaced.by an organisation which will be made up of honest working class PEOPLE who know what it is like to work for what they have got.

 

This new organisation must be paid for by us the tax payer by our appointed government.

 

The replacement organisation must have the full backing of the law to protect the everyday person in the street and what they have worked for,

 

The new organisation must also put the public first before the Banks and others

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The F.O.S along with the F.S.A.Must be disbanded and replaced.by an organisation which will be made up of honest working class PEOPLE who know what it is like to work for what they have got.

 

The FSA has been disbanded and replaced by the FCA, which judging by his chairman, is a joke:

http://www.ianfraser.org/paul-moore-why-john-griffith-jones-must-go/

"Ask not what your country can do for you, ask what you can do for Poundland"

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here we go again no petition here what they say.

Your e-petition "Financial Ombudsman Service and the F.S.A" hasn't been accepted.

 

E-petitions cannot be used to request action on issues that are outside the responsibility of the government. This includes:

party political material

commercial endorsements including the promotion of any product, service or publication

issues that are dealt with by devolved bodies, eg The Scottish Parliament

correspondence on personal issues

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asked them to explain here what been said and by whom.

 

Thank you for your message regarding e-petitions.

 

Moderation decisions are taken in individual Government departments, so I am not aware of the specific details of your case, however I understand that the Financial Ombudsman Service is independent of Government, meaning that we are not able to accept e-petitions seeking to alter or abolish it.

 

Yours sincerely

 

Ben Sneddon

Assistant Private Secretary

Office of the Leader of the House of Commons

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  • 3 weeks later...

Breaking News.....

 

FOS decides that a bank completely failing to provide a breakdown of charges on currency transactions is no longer deemed poor service.

 

Getting very silly out there!

 

Ed

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Breaking News.....

 

FOS decides that a bank completely failing to provide a breakdown of charges on currency transactions is no longer deemed poor service.

 

Getting very silly out there!

 

Ed

Link?

"Ask not what your country can do for you, ask what you can do for Poundland"

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