FOS wrong on CCA?

[whizzkid001]

According to a rejected ruling on a complaint I have just received from FOS, the adjudicator has dismissed my evidence that a bank has breached the CCA saying that FOS is not the regulator of the CCA, that the OFT is. I understand that, but FOS still has a duty to consider where there has been a breach under the CCA surely - since the OFT don't take on individual consumers complaints, FOS are the only ones who can! Any comments on this?

[dirkuberpower]

Not necessarily, depends if the firm is under fos jurisdiction at the time of sale. There were many that were not prior to jan 14 2005.

 

What firm was it and when was the sale?

[rebel11]

Hi wizz

 

Write to the CEO of the FOS, see what shes got to say.

[dirkuberpower]

Info on fos jurisdiction is on their website, there are also contact numbers.

 

Its not a fos failing.

 

The op needs to confirm what the complaint is about, when and by sold by whom? But its obviously prior to 2005.

[whizzkid001]

You may be surprised to learn that we are only talking of Natwest here! It's regarding a complaint I have with the FOS over a default that was wrongly issued on my credit card. I had claimed they had breached a part of the Lending Code but in her reasons for rejection, she fails to assess whether they breached it at all, dismissing my arguments by saying '"In any case, the FOS is not the regulator of the CCA - the OFT is."

 

1) she appears to be suggesting that FOS cannot deal with a complaint of any breach made of, or under, the CCA - despite the fact that I was anyway alleging a breach of the Lending Code and

 

2) We all know that the OFT do not investigate individual consumer complaints so correct me if I'm wrong, even if I was bringing any type of complaint concerning a breach of the CCA, FOS do have both the remit and jurisdiction to hear it - yes?

[caro]

Hi Whizz

 

Never heard anything like it. What you dealing with FOS for?

 

According to their website:-

We can help with complaints about most financial problems involving products and services provided in (or from) the UK. The areas we cover include:

• banking
  
• insurance
  
• mortgages
  
• credit cards and store cards
  
• loans and credit
  
• pensions
  
• savings and investments
  
• hire purchase and pawnbroking
  
• money transfer
  
• financial advice
  
• stocks, shares, unit trusts and bonds.
  

 

http://www.financial-ombudsman.org.uk/faq/answers/complaints_a2.html