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Well The FOS is there to adjudicate on facts, the fact here was that the deductions were unauthorised and should be refunded.

FOS is not there to make MORAL judgements, and NatWest/RBS Group are certainly in no position to take any moral high ground!!


The FOS adjudicators decision is flawed and should be appealed to the Ombudsman.


This WAS upon appeal to the ombudsman! They just reiterated the 'unfairness to the bank' thing that the adjudicator had said originally!


I've been reading through various decisions that the FOS have made and they're very quick to jump onto articles of law and section 3.3 subsection 7 of whatever contract you may have had without any consideration as to the morality of the situation but when it suits they completely ignore the law and make decisions on moral standpoints!


And like you say, how laughable is it to say something would be unfair on a bank?!

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So there has been some more progress with this case.


I have been going up the chain of the FOS complaining but it seems to be falling on deaf ears.

They hide behind the excuse that they can't change or look at the decision (even though I have been at pains to point out that I do NOT want that to happen anyway)

without answering why the are not applying the law,

then go on to say that I can complain to their line manager about it.

I've had 3 of these replies from the FOS now, each one as dismissive as the next.


So I have put a complaint in to the FCA and they have said that all they do is make 'rules' and 'guidelines'

and cannot comment on how the FOS choose to interpret them!

Like they require any interpretation!

The FOS ombudsman even agreed that I cancelled the CPA's but insist that because it was for something (and not completely fabricated, ie, stolen)

then it didn't matter!

It would be 'unfair' to ask the bank to reverse the transactions! Unfair!

On the poor mistreated banks!

No thought to the fairness or otherwise of the banks' behaviour (and the admit that they broke several guidelines and procedures during the whole process)

and no consideration to how unfair it was forcing me to borrow money from them via an unauthorised overdraft (yeah, unauthorised by ME)

when I was explicitly told that it was impossible (the whole reason I took out the basic account)

just because it is vaguely mentioned in their generic terms and conditions.

No, 'their hands are tied' when it comes to that but when it comes to having it the other way around

- it would be 'unfair' on the bank - even though it is in black and white!


I just don't know what else to do.

How do you fight them?

Court action?

I am poor, I have no money to do that, whilst conversely, they have as much as they like to throw at their defence.

After all, taking your money is what they do.


Their online database of final decisions is currently up to the 24th July and my decision was made 31st July a

nd so I estimate that it will be available for all to see in about a week.

It details that I DID cancel the CPA and also that I should not receive a refund of those cancelled CPA's.


So they get to flaunt the law and have no comeback? Is that the way it is? Here is a link to the FCA's own website:




At the bottom it says if the bank ignore your CPA cancellation then you can complain to the FOS!


I'm speechless.


Is there any way I can get all of my correspondence with the bank and the FOS online and, more importantly, get the law enforced?


What a complete joke. To top it off I now have the bank chasing me for the alleged 'debt' again! AAAAARRRRGGGGHHHH.

Edited by huxleypig69
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Well, since CPA cancellation is set in law, you could go through a court claim.

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Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..



If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks


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I wonder where bcobs sits with all this?


please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Latest laughable update on this - I received an email from Simon Coe, Head of Casework Teams for Banking and Credit.


Once again he completely dismisses my complaint, saying (and I quote):


"You have also said it is our responsibility to enforce laws. Our role is not to enforce laws. It is to independently consider disputes between consumers and financial businesses - and reach our findings based on what we feel is fair and reasonable in the circumstances.


Ombudsmen consider the relevant regulations and laws"


Now is it me or that a complete contradiction? That is the whole crux of my complaint, that they have NOT considered the relevant regulations and laws! In fact, they've completely ignored them, as if they didn't exist!


Next step is the independent assessor but I am not holding my breath.


Regarding BCOBS, this is taken from a BBC story (and is appropriate in my case by being forced into and 'unauthorised overdraft'). It was originally taken from this site apparently and is a circumstance where you might take action under BCOBS:

"Your bank has refused to allow you to have a "planned" overdraft because of your poor circumstances. However when a forgotten direct debit pushes you over the edge, the bank allows you to have an "unplanned overdraft" and you start incurring charges at a higher rate that plunge you into a spiral of debt."


And that is before I even bring up the fact that the refused to refund the clearly cancelled CPA transactions.


BCOBS needs to be more widely publicised. No wonder the banks want you to go down the FOS route. In fact, why have the FOS not once EVER mention BCOBS? Or the banks? Strange, that.

Edited by huxleypig69
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