ok so they say i have a case BUT.....lloydstsb bank charges*****WIN*****

[Bigdebtor]

NBYB

 

An excellent insight into this issue from another point of view. I interpret what you say as giving any claimant 3 years from the OFT report - IF they might "reasonably" have been expected to know of it. However, since the OFT report was hardly Front Page news, then IMHO for many people this 3 years period has still not started- or just starts with their first claim. Indeed the Card companies' claims and silence adds justification to this opinion.

 

This 6 years claim is a key weapon used by these companies to wriggle out of repaying totally unjustified charges. I would really like to know if it has been tested in court and thus backed up by Case Law? Anyone know for definite?

 

From my own experience they also try to claim the £12 charge is "fair" - but they do give into this one when challenge dto "prove it" - but I hav eno experience of trying to get older (over 6 years) cahrges repaid (yet!).

 

BD

[NoButYesBut]

Apologies BD I may not have explained myself clearly

 

You could say you only discovered yesterday that you had cause to complaint about something that happend more than six years ago and because of the rules of the FOS, it has to investigate it.

 

The legal remit of the FOS means that it HAS TO assess a complaint on the basis of what is fair and reasonable and you can use this to your advantage.

 

Is something that happend more fair and reasonable because it happend 7 years ago rather than 5 years ago. The simple answer is no and this mean you can forget the statue of limitations with regard to the FOS.

 

The s.228 of the FMSA 2000 and subsequent case law confirms that the FOS does not have to base its decision on the statue of limitations but what is fair and reasonable.

[Bigdebtor]

NBYB

 

Thanks for the clarification. However when I did try to complain to FOS about default charges they simply asked "were you late paying - were you over limit?" I took from that they would only investigate charges which were WRONGLY/MISTAKENLY imposed - not UNFAIRLY imposed because they grossly exceeded any costs or loss incurred by the card companies.

 

Have others got different FOS experiences from mine?

 

BD

[lenny100]

well now its October and still nothing, so much for there stated allocation rules

 

Of course, we can’t prioritise every case. But we will make special efforts to minimise delays where it is clear to us that:

 

• The consumer would face particular financial difficulties because of any delay. This might occur, for example, where:
  – the consumer is already experiencing severe financial hardship that would be alleviated by a positive outcome to their complaint;
  – there is an imminent threat of a lender taking possession of the consumer’s home;
  – a significant and damaging financial loss is expected to occur in the near future; or
  – the outcome of the complaint will decide the consumer’s main source of income.
  

[lenny100]

Thank you for your email of 23 October 2010.

I appreciate that you have received a letter from an ombudsman's administrator, and that you are unhappy about the delay in reviewing your complaint.

I apologise for the delay. I am unable to give you a definite time frame as to how long it will take for an ombudsman to review your complaint. However, I have been informed that, due to the high volumes of cases awaiting decisions, it may be a few months before your case can be reviewed. I should clarify that an ombudsman has the power to make awards as they see fit, but I cannot comment as to what an award, if any, will be.

As the letter explained, the case is now awaiting decision, we would be grateful if you send any further correspondence to the following contact details:

Telephone: 020 7093 5500 (office hours);

Email: [email protected]; or

Write to our casework-support team at the below address.

 

Yours sincerely

Adjudicator | Financial Ombudsman Service

South Quay Plaza | 183 Marsh Wall | London | E14 9SR

Tel: 020 3222 9790 | Fax: 020 3222 9791

 

 

I today recived a letter from your office informing me that my case was still awaiting review, before it is referred to an ombudsman for a final decision.

I find that after over 10 months of what is clearly a hardship case as defined by your own website :-

The consumer would face particular financial difficulties because of any delay. This might occur, for example, where:

– the consumer is already experiencing severe financial hardship that would be alleviated by a positive outcome to their complaint;

That this is beyond a joke considering Lloyds tsb bank has already ignored one judgment by yourself which you informed me of on 18 June 2010

Could you please let me know how much longer I am expected to wait?

And will the on-going charges made by Lloyds tsb will also be paid up till the day of any judgment by your ombudsman

[noomill060]

Hi lenny, cant offer any advice, but I feel your pain.

 

You can of course take matters into your own hands and sue the scumbags as a small claim. This would be faster than FOS.

[Bigdebtor]

Noomill

 

Great idea! That might get them to pay up before getting into court! I'm sure any DJ (and the Press) would be most interested in them defying the FOS a sthey are doing!

 

BD

[zeeshop]

I also complained in FOS, they send me copy of complaint which original sent to lloyds. How many days we uaualy have to wait from bank before call fos again,

thank

[lenny100]

ok recived this today

now what do i send back to them

 

[Bigdebtor]

I would just tell them YES - you ARE in financial hardship and have already told the twits so! The continue charges are making matters even worse!

 

I would also now take this lot to your MP and get him/her on the case!

 

BD

[lenny100]

well got yet another sorry its takeing so long letter today, even had the gaul to say they relise that its nearly a year since i started this process but they are working as fast as they can.....

[Bigdebtor]

Did you remind them you WERE in hardship? If so, I would now go to your MP.

 

BD

[lenny100]

yer i told them and my mp has not seen fit to answer my letter to him, he spends so much time asking questions about the nhs he forgets why he is there

[Bigdebtor]

I would e-mail your MP on a daily basis (replying to all and taking off your own name so a long e-mail trail builds up) and keep on until you get a reply. It will come from his office anyway - not from him personally - but they probably work on basis of he who shouts loudest and most often - hoping most problems die before they need dealt with. If after about 20 such e-mails you don't get any response then forward to Vince Cable (or whoever is Minsiter in charge of FOS?).

 

BD

[lenny100]

emailed my mp yet again with the following

 

 

In February 2010 I wrote to the Financial Ombudsman Service about the service I am receiving from Lloyds TSB bank due to financial hardship.

On the 18th June 2010 I received a letter from the adjudicator in this case that my complaint has been upheld by her on the 12 may 2010, but Lloyds TSB bank had not not replied to her and was ignoring her ruling, that they should pay back all bank charges from 22 may 2008 at 8% interest per year, correction of credit files, and £150 for distress and inconvenience.

 

 

She then put this complaint forward to the ombudsman for a final ruling at that time, giving me a chance to add to my complaint, which I did stressing that I am in finical difficulty and the FOS own website states :

 

 

we will make special efforts to minimise delays where it is clear to us that:

 

• The consumer would face particular financial difficulties because of any delay. This might occur, for example, where:
  – the consumer is already experiencing severe financial hardship that would be alleviated by a positive outcome to their complaint;
  

 

 

 

nearly a year on and all I ever receive is a letter stating that my case is still in a que to be reviewed by a ombudsman,

 

 

 

I am now asking you if can find out when my case will be looked at as according to my records I am now looking at over £ 4000 in compensation which will greatly help me in resolving my financial difficulty’s

 

 

hope this does something!.

[Bigdebtor]

I would keep on at your MP on a weekly basis - until you get a reply from him/her - and then continue weekly to tell him "still not heard from FOS" until you do hear. If you keep just forwarding the last e-mail - so adding to the e-mail trail they'll soon get the messag eyour NOT going to go away. I'm pretty sure they deal with the biggest noisiest nuisances first.

 

Good luck!

 

BD

[lenny100]

receved a letter from my mp today on offical note paper saying he is writeing to both the fos and the minister responsabel for them, asking what is going on and he will get back to me when he has a reply.

gess he got my emails at lomg last>

[Bigdebtor]

That's good - pity he hasn't learned how to e-mail himself - so you could have heard from him earlier - and he could have saved the public paying for his stamp and stationery!

 

I guess the best thing now is to leave it to him - and not annoy him with further e-mails - unless he too takes too long to get it sorted out?

 

BD

[lenny100]

got my first reply with some action and is a letter from the fos to my mp saying they are looking at the case and will get back to him with a update

[Bigdebtor]

They don't say how long they'll take. given they tell you to give the Bank etc. 8 weeks before going to FOS in the first place I would give FOS 8 weeks - and then get back to your MP pointing out they've had another 8 weeks on top of the X months they've taken so far.

 

BD

[lenny100]

have a reply and a apology from fos

 

[lenny100]

ITS A WIN FOR ME AND CAG

thank you all for your encouragement and help

 

[cerberusalert]

Well done, title updated as requested.

[citizenB]

Well done. Now you just need to sort out that PPI claim

[lenny100]

well now 2 weeks and nothing from lloyds, they have untill the 28 of June before i can contact the fos to complain they haven't done anything.

any ideas what i should do after this date