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Enforcing an ombudsman's legally binding final decision


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Hi guys,

 

I am looking for the answer to what I thought would be a relatively simple question please............

 

I didn't want to post this on my other thread regarding this complaint as I am looking for answers to this specific question :razz:

 

I have a final decision on a PPI complaint which is legally binding according to the FOS ombudsman who upheld in my favour.

 

FOS online resources clearly state that once a complaint has gone through an ombudsman (not an adjudicator), has been upheld in the consumer's favour and the consumer has signed the acceptance form it becomes legally binding on both them and the financial business. Apparently it is very similar to enforcing a court judgment.

 

In my case the business won't comply with this decision although it has now been six months since the acceptance form was signed.

 

The FOS say that the judicial review into PPI doesn't apply -

 

a) because this complaint has been upheld

 

b) because it is legally binding

 

c) because the business concerned is a broker, not a bank

 

However, neither the FOS, nor my court, nor community legal services nor consumer direct seem able to tell me how to enforce this decision!

 

The FOS online resource for final decisions states -

 

'If the ombudsman's decision finds in favour of the consumer - and the consumer accepts the decision within the timescale set by the ombudsman - the decision then becomes legally binding both on the business that the consumer has complained about and on the consumer themselves'

 

It also states -

 

'If a consumer accepts an ombudsman's final decision - within the timescale set by the ombudsman - the decision is binding on both the business and the consumer.

This means that the business is required by law to do whatever the ombudsman says is necessary - to put things right for the consumer.'

 

And -

 

'Parliament made ombudsman decisions 'legally enforceable' in court - which means that consumers have the back up of the law of the land, to support decisions by the ombudsman in their favour.'

 

And finally -

 

'You would need to make sure you launch enforcement proceedings - not fresh proceedings that might re-open the dispute the ombudsman has already settled.'

 

Despite this my local court told me I needed to file an N1 - which is quite obviously incorrect as that would mean starting fresh proceedings!

 

Several suggestions have been made to me by other people - such as an N322A or B or an N471 or N208, but the HMCS website doesn't seem to fully explain the uses for each form so I'm still really none the wiser!

 

All I need is an answer to the question 'which form do I need to enforce the ombudsman's final and legally binding decision?'...................can anyone help me please?

 

Many thanks,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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