FOS upholds complaint - company won't pay out!

[landy_alert]

Hi everyone:)

 

I have just had a complaint regarding mis-sold PPI on a mortgage upheld by the FOS adjudicator investigating the matter, but the broker responsible for selling the insurance (Norton) have apparently ignored recommendations from the FOS to pay out.

 

The adjudicator has informed me that the procedure now is to pass the file to an ombudsman and the process will have to start all over again. Ultimately the ombudsman could overrule the decision made by the adjudicator and find in favour of the broker.

 

This seems a very unfair way to proceed, especially as companies aware that this is the nature of the stance taken by the FOS are likely to abuse this by purposely ignoring requests to pay up, in full knowledge of the fact that the file will have to be re-opened and a completely new verdict may be reached - in their favour:mad:

 

I am assuming that if the ombudsman reaches the same conclusion as the adjudicator, the broker will still refuse to cough up and this matter will have to be pursued through the courts - or is it just a case of getting the court to enforce the FOS recommendations?

 

Does anyone know the statistics for success rates regarding claims which have to be passed on to an ombudsman in this way, or indeed the likelihood of success if the matter goes to court?

 

I can't believe that a company could just ignore their obligations in this way when the product was clearly mis-sold!

 

By the way, I do have a thread in the PPI forum regarding the ongoing story of my journey to get this insurance refunded, but would appreciate the viewpoint from those Caggers outside the PPI forum too!

 

Many thanks in advance,

 

Landy x

[MARTIN3030]

Unfortunately this is not unknown.

I am off to sleep now but before I do I will report this to site team for thoughts.

I did have a bookmarked case similar but cant find it now-maybe one of the team will know where it is.

[MARTIN3030]

Just a point I remembered-I seem to recall that the OP I am thinking of had their claim upheld.

They didnt get sorted and sent a 14 day LBA.

It was then passed to the FSA who forced compliance and there was additional comp awarded I seem to think was 200 quid...or somewhere around that.

Maybe worth taking a look at the FSA website and see what you can find there.

 

 

now deffo going to sleep

[supasnooper]

Have a look at the link below as it may help.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/226473-aic-amex-ignoring-fos.html

[landy_alert]

Hi everyone:)

 

Just resurrecting this thread at long last..............and very many apologies to Martin and supasnooper for not responding previously to their excellent posts above - thanks guys

 

I have had a read of the thread which supasnooper linked which was very interesting and have further queries of my own...............

 

My complaint was eventually upheld by the ombudsman who reviewed it independently of the original adjudicator's decision.

 

Once I signed the FOS acceptance form this became legally binding on both myself and the insurance broker. The FOS cited their usual timescale for the company to get in touch - this was initially four weeks and they did indeed stick to this deadline.

 

At that point they asked me to sign an authority form giving my permission for them to approach the lender for details of the repayments and interest paid on the PPI. The broker informed me it would take six to eight weeks to get this information. I did this and was then informed that the lender had themselves quoted a further six weeks to gather the required info. They said it was up to me to contact the lender if I wanted to chase them.

 

The original six to eight week deadline has now passed with no refund calculations or further contact forthcoming, so I contacted the FOS who have said as a broker they are entitled to request further time to gather the info needed to calculate my settlement and whilst it is inconvenient there is nothing further they can do. They didn't state how much extra time the broker should be allowed

 

It will soon be twelve weeks since the FOS acknowledged receipt of my signed acceptance form rendering the ombudsman's decision legally binding. I intend to write to the broker chasing them again this week but have no intention of contacting the lender to whom I previously put in a charges claim which they rejected and I fear they are doing all they can to avoid complying with this complaint also.

 

If I have heard nothing further by the 12 week deadline I'm just wondering how I should proceed please?

 

Do I send a LBA and do I then continue to issue a court claim?

 

Advice would be most welcome so that I can proceed without delay when the time comes - as I'm sure it will.

 

Very many thanks,

 

Landy x

[pompeyfaith]

Do I send a lba and do I then continue to issue a court claim?

 

 

Landy as you know the FOS cannot enforce a decision, as both the adjudicator and an ombudsman have upheld this complaint the only avenue open to you now is court.

 

The court will enforce the judgement should you win and going on the stacks of evidence you now must have as well as two upheld decisions from the FOS id say that that is quite likely.

 

You have now exhausted all avenues via the FOS so court is your only option.

 

I would start a thread in the legal forum and gather your info first as im sure we can make your case stick.

 

Regards

 

PF

[MARTIN3030]

The purpose of an LBA is to advise of pending action if there is no satisfactory conclusion to your targets for resolution-thats pretty self explan.

A LBA within itself,is not a green light for issuing a claim in the County Courts after 14 days-its just part of what would be seen as following pre-action protocols under CPR.

The response to that is obv a consideration.

If for example,the defendant was showing a genuine willingness to resolve matters and there WAS further time required,then a Court would obv take that into account.

In fact the allocation questionaire seeks info further down the line to determine whether all avenues were not exhausted before Court action-and gives further chance.

 

Given the road that you have gone down with the FOS,and the determinations there,it would not be too hard to show that you have been forced to litigate.

The FOS decisions will carry lots of weight in any Court action.

 

But nothing lost in sending a LBA-but I personally would suggest this a 7 day one-outlining that you WILL be filing in the absence of them complying with the FOS ruling immediately.

[pompeyfaith]

Landy have a read of the thread supersnooper put above as it appears an ombudsman decision is enforceable in court.

 

This is something I did not know so having a good read myself.

 

PF

[MARTIN3030]

Very good info here-its one of my bookmarks.;

 

Financial Ombudsman Service and the European Convention on Human Rights

[pompeyfaith]

Martin,

 

Thanks for the link have bookmarked it myself for Sunday morning reading.

 

PF

[MARTIN3030]

Ah good.

[landy_alert]

Hi PF and Martin:)

 

Thank you both for your continued help with this!

 

I have had another read of the thread linked by supasnooper...............so it would appear that as this is a Final Decision by an actual ombudsman and it is therefore legally binding on both myself and the broker (according to the FOS letter) I need to file a N244 rather than a N1.

 

I'm off out now, but will have a look at the court website later to see what this involves. The thing is, do I need to know the figure that I'm applying to be enforced...............as obviously in this instance I do not?

 

Many thanks again guys,

 

Landy x

[landy_alert]

Hi everyone:)

 

Just a gentle bump regarding my last query -

 

If I am unaware of the amount due to be refunded, I guess it is not possible to file a N244 Application Notice for the court to enforce the Final Decision of the ombudsman?

 

Bearing this in mind I am going to contact the FOS requesting some indication of exactly how much extra time I should allow the broker to provide the refund details as it looks like I can do nothing further till I have an actual figure.

 

I will also chase the broker again via recorded delivery letter.

 

Unfortunately the FOS saying they are entitled to extra time without specifying how much, is once again playing right into the hands of these unscrupulous firms

 

I would have thought that having already experienced the broker's unwillingness to co-operate when the original adjudicator's decision found in my favour, the FOS would have a bit more clout and not let them delay matters yet again.....................

 

Landy x

[MARTIN3030]

Yes Landy N244 as opposed to N1 if you are asking for the Court for an Order.

But I think I am right in saying that because this is not part of any existing claim / case and involves money then it should be an N1.

 

Will ask site team for thoughts.

[landy_alert]

Yes Landy N244 as opposed to N1 if you are asking for the Court for an Order.

But I think I am right in saying that because this is not part of any existing claim / case and involves money then it should be an N1.

 

Will ask site team for thoughts.

 

Thanks Martin - I'd very much appreciate that as I'm getting totally confused now

 

I assumed as the complaint had already been upheld by both a FOS adjudicator and an actual ombudsman it would just be a case of getting the court to enforce that decision (via a N244) rather than starting all over with a new claim (N1) - but as I have no figures from the broker as to how much the refund should be I cannot see how I could file a N244 anyway...............

 

All thoughts, opinions and advice would be most welcome!

 

Many thanks,

 

Landy x

[MARTIN3030]

But although its been an open case with the regulators-insofar as legal action it is a NEW case.

There is provision for filing a claim for recovering this and in the box where you put the total being claimed stating "I do not know the amount being claimed but it is less than £5,000 "

[MARTIN3030]

Hang fire tho - I have flagged this up in team forums.

 

I am not up to speed on the process of the Courts enforcing rulings determined by the FOS tbh.

 

Its not actually something that I can remember coming up.

[MARTIN3030]

Another thing - I was of the understanding that the FSA has powers to fine or withdraw licences from organisations who do not uphold FOS rulings/decisions.

Has anyone looked into this ?

[MARTIN3030]

http://www.fsa.gov.uk/pubs/other/splits_fsa-fos.pdf

[landy_alert]

Hi Martin:)

 

Thanks so much for your continued assistance with this - it's very much appreciated!

 

I will do as you suggest and hang fire for the mo...........I'll have a read of the link you provided and will do some more research to see what I can find out.

 

Landy x

[MARTIN3030]

Good good.

[pompeyfaith]

Martin,

 

I,m struggling to work out how that link you posted above, relates to PPI as it only mentions investments.

 

Could you be so kind to enlighten us.

 

Thank You

 

PF

[MARTIN3030]

Ah maybe the wrong one-I have a few bookmarked.

[MARTIN3030]

Landy-confirmation - we do believe that you will need to use the N1.

I dont see it as being a prob to file with no fixed amount.

You can advise of the exact amount further down the line-and if there is any costs for ammending-add it to your costs.

 

I see it as important to word the POCS in such a way that the Court will in any event get a jist.

Certainly it will be very interesting to see if theres a defence put forward-and what that will be saying.

 

Lets see if theres any further comments coming here on this.

[pompeyfaith]

I believe that where the FOS expect you to sign an acceptance form and excepting there offer without knowing what that offer is total stinks and needs a judicial review.

 

Whether this is possible I'm not sure so am open to debate on this important fact.