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    • Yeah it’s part of the contract but they separated it to loan and service after the bankruptcy   Hi, do you mean independent voluntary arrangement as opposed to bankruptcy?, as all the debts were included in the bankruptcy   
    • On the basis of their email which you have posted above, I would say that you should stick to your guns. You've come this far. You've done very well. It seems to me that they are getting very anxious and they are blinking first. If it is correct that they haven't implemented the FOS decision – and of course we only got your word for it because we don't know what that decision is, and as you already have a judgement against them, then it seems to me to be very unlikely that a court would award costs against you – but of course it's always a risk.
    • Well in that case I find it very significant that there were electrical faults, they had attempted to address them – eventually sending you a new battery and after the new battery followed up with instructions as to how to use it. If there is some special way of using a battery – over and above how any reasonable person would treat a battery – then I would have expected the instructions to be provided at the point of sale or even before so that people would know what they are getting into. It now appears by the provision of instructions after the provision of the second battery, that they may not have provided sufficient information for the scooter to be used correctly the first place. In that case, this will be another black mark against them. Can you tell us more about these instructions and remind me of when or what were the circumstances in which they were provided to you
    • I think you have to appreciate that as you have pretty well declined to give us any information about this. We haven't even seen the ombudsman decision as far as I know – let alone your application and the identity of the company you against, we are not really in a position to be able to give any opinions. I understand that you only found this forum in about March and this was after you began your FOS enforcement action – but still, you could have involved us and we might have been helpful to you. You kept us in the dark and now you are asking us questions and we have absolutely no information to go on. They refer to a "settlement agreement" but we have no idea what this is about either. We have no idea what happened at the initial consideration of the issue by the judge and we haven't seen the judgement. We haven't seen what evidence you supplied to the judge. We don't know what the so-called "undertaking" is. We have no idea how to understand the way in which your application to the court was "erroneous". Surely you can understand how difficult it is to form any opinion in the face of your refusal to give us any information. One thing I can say though is that to receive an email like this from the lawyers of the other side so close to the hearing date, suggests to me that they are very anxious to avoid the hearing and so if I were in your shoes, I would feel even more confident about what I was doing. I'm sure the company does not want a judgement against them like this or any note of it recorded in the public record or on the FOS website and this is maybe what they are in panic about. However, we have no idea what it's all about and so we don't really know the answer. A couple of days ago I invited you to send me documents in confidence and we've heard nothing from you. Not only do we have to receive documents, but we then have to read them, understand them, maybe asking further questions and eventually form an opinion. I don't think you are being realistic with us.
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Hello- please bear with me as I am squeaky new to the forum. I managed a company from 2004 until 2008 when the RBS decided to remove our credit facilities and recall the business loan. We had never defaulted on any loan repayment EXCEPT the january 2008 one which put our account over the overdraft limit. to balance this grevious crime we had supplied the RBS with written independant confirmation from two government bodies that we were due to invoice for 2 projects in that very same January - totalling about 50K. The bank received the written confirmation from both parties (they had requested it). A weel later we received the loan recall letter for the full amount (87K -75% DTI guarantee on it) of which 25K was on personal guarantees. There was no atempt to discuss with us the temporary payment default and apparently no attempt to recognise that 50K was about to hit the account in the space of days. to cut a long story short we took our case to the FOS who have decided in favour of the RBS (surprise, surprise) but we are adamant that the RBS have not followed a reasonable, sympathetic line (all words in the banking code they are signed up to) and that they are guilty of malpractice in managing our account.

Please note the dates this was happening, the same time as the RBS meltdown. The recall of the loan also exposed the business and myself to 2 other business loan defaults - also with personal guarantees attached. These 2 lenders took the opposite view of the RBS and have not hounded the life out of me but the RBS have gone to open decree and inhibitions on our property (which has very little equity and half owned by my wife) and to compound this great state of affairs I am enduring ill health following on from 2 operations which need about another year to recover from. Therfore our only income is incapacity benefit and child tax credits -not a great scenario.

 

We have just received the FINAL decision from the FOS which states they judge in favour of the RBS -in spite of all the documentation provided by the various agencies who were kind enough to provide letters of support regarding the 2 paying projects - all to no avail.

 

So why this tale of woe? I do not agree with the FOS judgement and I would like advice on how to tackle this David and Goliath scenario. We have been hard working tax paying good citizens and the RBS have more or less criminalised me.

 

Any help greatly appreciated.

Kind regards,

 

David

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Hi I dont know how much - or if - this will help, but you might want to have a look at this one http://www.consumeractiongroup.co.uk/forum/scotland/212092-bombshell-dropped-today-advice.html as it will give you an idea of the operation of RBS. Not pleasant, but better to be forearmed (and also it gives you some reassurance that you're not the only one!)

More generally, in term of influencing the FOS, I'm afraid your outcome isnt unusual. Tbh, I (and I would emphasise that this is purely personal pov) consider them pretty much a waste of space.

About the only thing that occurs is that there is a general election campaign going on and you might be able to make a bit of noise/ embarass a few politicians about how they have spent our money when RBS are pulling the rug from under businesses which are basically profitable but, like many others are having a bit of cash flow problems. So we - I mean the wider community - practically beggar ourselves to pull their nuts from the fire, so they express their gratitude by beggaring us? Ridiculous. On the other hand, your experience of FOS isnt unusual imo. Perhaps rattling a few political cages might generate some interest - and this is your best chance for another four or five years.

Sorry I cant be more positive :(

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  • 2 weeks later...

RBS are in turmoil. I think they will probably fold over the next couple of years.

 

If Labour lose the Election, RBS, HBOS/Lloyds will have to pay back all of the Taxpayers money as Labour is the only one wanting to keep the shares. If the new government sells the shares, they will have little money.

 

RBS are frantic right now and calling in loans, debts, defaulting alot of their cusotmers etc.

 

The FOS is a Joke, they rarley help the public and will mostly find in favour of the Banks.

 

Take them to court. Try and get a Court Order to put their enforcement action on hold. I am sure the court will be more sympathetic to you since you can back up what you say. Write to the bank telling them that you intend to go to court to put their enforcement action on hold as they are acting unlawfully and in breach of the Banking Standards. Tell them that the court will favour you as you can back up all of your evidence when they can't.

 

Remember, the FOS decision is not final. You can go to court against RBS or you can appeal the decision of the FOS in Court, whichever is easier for you.

 

You can contact the FOS again and tell them you are seeking a Judicial Review of their investigation and outcome in regards to your case as you believe that they have been acting ultra-vires (outwith their powers) in favouring RBS and strongly advise them to re-evaluate their findings or face court action.

 

Good Luck in whatever you do.

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