judicial review

[Agathachristie]

There was a discussion regarding judicial review. I have now got the information about the applications since 2007:

JR applications

2007-08: 13

 

2008-09: 6

 

2009-10: 10

 

Important to know that no JR application was successful agains the FOS so far!

[AuntieP]

The chance of winning a JR against FOS is very low. The Ombudsman's discretion is so wide it is hard to challenge, especially as he is not actually required to follow the law when reaching his decision !

 

As there is no appeal against an Ombudsman's decision, FOS is rarely challenged and so continues under the impression that all 166,312 decisons made last year by over 1000 Adjudicators and Ombudsmen are absolutely correct, when common sense tells us that there MUST surely be many, many mistakes.

 

Follow this link for a helpful explanation of why JR's dont succeed against the FOS PLC - Financial Ombudsman decisions: beyond challenge?

 

Follow this link for a blow by blow account of how every level of the FOS process made mistakes for one old lady.

Problems with the UK Financial Ombudsman Service

 

Two levels of appeal are possible against FOS 'service standards'... the Service Review Team and the Independent Assessor, but there is no way of challenging an Ombudsman's 'decision'...it's a disgrace.

[AuntieP]

Agatha...could you please tell me, where did you get this JR info ?

Is it available in the internet anywhere ?

Edited June 18, 2010 by AuntieP
courtesy

[BankFodder]

You can not use JR to challenge a decision. You can only use it to challenge the way that a decision was reached. In other words if a proper procedure was not applied or it discretion was exercised incorretly - or not exercised at all where a discretion existed then you can bring a JR.

 

JRs are very very very expensive

[AuntieP]

BankFodder...I think you are quite right, however the Ombudsmens' discretion is so wide ranging it is apparently very difficult to challenge

As far as I can see, all they have to do is make a decision that is 'fair and reasonable' and how they get to that conclusion is pretty well up to them.

See http://www.practicallaw.com/1-201-0624 for a legal view.

[BankFodder]

Yes, which means that the are beyond JR.

 

You could only challenge if you had discovered that they had not collected all the evidence or that it had not been properly considered. - or exceptionally that the decision defied the evidence.

 

I wouldn't waste time considering JR, I'm afraid.

 

If you have a real basis for a complaint then the thing to do is to go to the County Court.

 

If you have an FOS decision which you really believe is wrong then go to the County Court.

If you can get a court judgment which disagrees with an FOS finding then believe me, that is as good as a JR and very much cheaper

[tifo]

i had many biased and irrational decisions by the FOS between 2007 - 2008 and none of these got changed up to the IA. All of these were clearly not common sense. I lost many thousands i should have received from the banks.

 

i took it to my MP who told me nothing could be done except a JR and to leave it as that is very expensive.

 

i've never made any progress with the banks since they always quote the FOS and now say i am out of limitation.

 

basically, once they make a decision they do not want to change, there's nothing else you can seem to be able to do.

[NoButYesBut]

If you have a real basis for a complaint then the thing to do is to go to the County Court.

 

BankFodder is on the money with this advice.

 

It is cheaper and quicker than a JR. Don't see the point in considering a JR really.

[axetogrind]

i have a complaint thats suppose to be reviewed by an ombudsman and an adjudicator let slip that the ombudsman decision is actually made by assistant ombudsmen surely thats not acceptable

[yoy]

Hi, interesteing thread.

 

I know how to use the small claims court for bringing cases that usually have some kind of value to them, but am not sure on how to bring a case where the FOS has made a wrong decsion as it dosnt have any value. Any advise on how to do this would be appreciated please. Thanks

[tifo]

how can a person take the FOS to county court? and for what losses?

 

i've had two illogical and unreasonable decisions from the FOS last year, especially after the other party admitted they made the mistakes i was asking to be rectified, but the FOS STILL decided they need not do anything !!!!

[yoy]

how can a person take the FOS to county court? and for what losses?

 

i've had two illogical and unreasonable decisions from the FOS last year, especially after the other party admitted they made the mistakes i was asking to be rectified, but the FOS STILL decided they need not do anything !!!!

 

I don't know, it is just that someone above said it's possible. If it is, it is what i will be doing.

[AuntieP]

Don't even think about it unless your case is VERY high value and you can afford thousands in costs. FOS is fireproof, with a high powered legal team. I have not heard of any case where a consumer has won at JR. The FOS remit of "fair and reasonable" is so wide its almost impossible to show FOS has done wrong. In any case a JR wont look at your case...just at how FOS handled it. Even if you "win" it could end up with FOS simply being told to reconsider how they acted...result... same decision again after reconsideration.

The inability of the ordinary man to complain about a FOS decision is just part of FOS. The ombudsman is always right. All you can do is reject the FOS decision and take the firm to court.

[tifo]

The inability of the ordinary man to complain about a FOS decision is just part of FOS. The ombudsman is always right. All you can do is reject the FOS decision and take the firm to court.

 

Isn't that a failure of parliament in passing the relevant legislation? I haven't excluded a case against the govt on human rights grounds if the FOS decision is so 'wednesbury unreasonable'.

 

In my case they are clearly wrong, there is a clear failure by the Ombudsman to understand the complaint properly and the parts NOT upheld are those where the policy is not clear and the parts not considered are those which the policy says it will pay for !!!! Even in the parts rejected the insurer agrees they and the builder made mistakes. I just don't know how I can be made to pay for mistakes the builder made in a new build home !!!

[red-ed]

The problem is relatively few people complain, even fewer to the FOS, and this means that very few get to experience the incompetence and bias that is the reality of the FOS. Worse still TV consumer programmes lord the FOS as a solution, so many people labour under the impression the FOS is fair and reasonable.

 

I believe they will be bought to book, but it will take time, and in this time they will do an awful lot of damage to people they claim to protect.

 

I suggest the best strategy is to ignore FOS and just use the Small Claims Court where possible - i am sure if the courts are flooded with claims both the courts and the financial companies start to the FOS as in effective, and then maybe through government we will get the change we need.

[AuntieP]

22nd May 2013 FOS win AGAIN at Judicial Review

Full judgement here http://tinyurl.com/obcmvl7

The story in simpler terms here http://tinyurl.com/ngn3vfh

 

JR is a get out of jail free card for ombudsmen. Its just not possible for most people to commence a JR

On a different subject, with the legal ombudsman it is not possible to even make a complaint that an ombudsman may have been prejudiced, biased or unfair unless you commence a JR. Unbelievable but true...you have to pay to make a complaint. The LeO will not investigate such a complaint without a JR and have no instructions or advice to staff on how to handle such a complaint. Read the Freedom of Information request that confirms this here. https://www.whatdotheyknow.com/request/complaints_about_an_ombudsman_sh#incoming-384185

 

What a system !

Edited May 23, 2013 by AuntieP

[Gullyver]

After reading this post and the related replies so why wasting time in using the FSO? Simply prepare your own case and present a county court claim or to the High Court of Justice depending on the value of your claim.