Financial Ombudsman Service

[Justman]

I would like to invite all members of the Action Group with experience of the Financial Ombudsman Service to express their views and relate their experiences.

 

My experience is that it is a biased and fundamentally unfair organisation. It has complete power in effect and there are no workable controls. This means that the adjudicators and ombudsmen can do whatever they like. Given the large sums of money and the vested interest involved, this is a recipe for unfairness and injustice on a grand scale.

 

From my own experience and that of others, I know that evidence is ignored, illogical arguments are used and even the relevant laws are not adhered to. Furthermore, the FOS often does the opposite of what it states in its own home page.

 

My specific objective is to collect sufficient views and opinions from various people in order to put pressure on the relevant authorities. Not only does the system need to be changed, but complaints that were unfairly rejected or for which the level of compensation was unfairly low, need to be reopened and fair compensation paid.

 

I hope to hear from many of you soon!

Justman

[closey]

Perhaps you'd like to join us in protest?

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/35771-protest-against-unfair-bank.html

[Justman]

If there is anything I can do, let me know. The FOS needs major revamping and an independent investigation.

 

Justman

[David Robson]

I went to the finacial ombusman with my case before i found this site, Yorkshirebank took £2, 884 so i complained to the fos, the complaints form they sent me had enough space for to outline breifly my compliant which was enough room for about four sentances, after about 3 months i recieved a letter from them saying that they felt Yorkshire bank had been helpfull and treated me fairlly and the case was now closed they never once spoke or wrote to me asking me for more detailed information after about a year i found this site and are now fighting back

[diddled]

I found the Banking Ombudsman extremely helpful in my case (not penalty related), but largely due to obstruction and lack of cooperation on the bank's part my complaint took nearly 2 years to investigate. Several counts of maladministration were found against the bank and my complaint was substantially upheld, however I rejected the recommended compensation in favour of taking other action, as I knew the Ombudsman's adjudication was fundamentally flawed.

Unfortunately the Ombudsman cannot force a bank to cooperate or produce documents. When it became clear that further information requested was not forthcoming the Ombudsman had no option but to adjudicate on the strength of the limited documentation in his possession.

[schilly]

I have a complaint against Bank of Scotland with the Financial Ombudsman now.

After over two months all I have received is two letters to say that they are too busy and have not been able to allocate it to an investigator.

 

I am now really frustrated as it not only involves unfair bank charges but BoS mistakenly took money from the wrong account - they have admitted and apologised for this - and then charged us for the 'privilege' to the tune of nearly £600 but refuse to repay it back. Potential fraud on a grand scale in my opinion.

BoS seemed happy for me to go to FO....now I know why!

 

I am frankly staggered that they can employ delaying tactics and the FO probably will do nothing in the end other than ask them to repay only what was taken whilst BoS hang onto it for months. For every one of me there will be ten that will swallow it and the bank is then profiting from it's own mistakes. Criminal!

 

Count me in to any pressure group - I am really disappointed at the lack of response in what I consider a matter that the FO should be taking very seriously.

 

Good Luck!

schilly

 

Just an after thought - I contacted OFT and they only directed me back to the FO. I cannot find another official body to complain to otherwise I would.

[ShootMePlz]

I have only had dealing with the F.O. once, this was relating to an insurance company refusing to pay me for when I was off sick, It did take a long time to resolve, however resolve it they did in my favor and even instructed the insurance company to write to the Credit Ref Agencies and have a note put on my account that missed payments were as a direct result of there none payment of my claim. F.O. couldnt insist the CRA did anything with the information other than make it available to others, but it was better than nothing.

[MarkieMark]

I had problem with the FOS they did not investigate my case properly and now they wont reopen my case.

 

The FOS are Governed by the following and the following section concerns me?

 

 

Financial Services And Markets

2000 Chapter 8

Section 233: Data protection

452. This section inserts new subsection (4A) into section 31 of the Data Protection Act 1998. This is needed to ensure that the scheme operator does not have to disclose information it has obtained when considering a complaint brought under the ombudsman scheme if disclosure would prejudice the performance of its functions.

 

And this

 

6 Acts of public authorities

(1) It is unlawful for a public authority to act in a way which is incompatible with a Convention right.

(2) Subsection (1) does not apply to an act if—

(a) as the result of one or more provisions of primary legislation, the authority could not have acted differently; or

(b) in the case of one or more provisions of, or made under, primary legislation which cannot be read or given effect in a way which is compatible with the Convention rights, the authority was acting so as to give effect to or enforce those provisions.

(3) In this section “public authority” includes—

(a) a court or tribunal, and

(b) any person certain of whose functions are functions of a public nature,

but does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament.

(4) In subsection (3) “Parliament” does not include the House of Lords in its judicial capacity.

(5) In relation to a particular act, a person is not a public authority by virtue only of subsection (3)(b) if the nature of the act is private.

(6) “An act” includes a failure to act but does not include a failure to—

(a) introduce in, or lay before, Parliament a proposal for legislation; or

(b) make any primary legislation or remedial order.

7 Proceedings

(1) A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section 6(1) may—

(a) bring proceedings against the authority under this Act in the appropriate court or tribunal, or

(b) rely on the Convention right or rights concerned in any legal proceedings,

but only if he is (or would be) a victim of the unlawful act.

 

Are there any legal eagles who may advise???

[Justman]

What convention is being referred to?

 

Also, this would only work if the victim of the FOS does not have to pay the legal costs. That is always the real barrier.

 

So can this really work for the private investor?

[MarkieMark]

I think its the European Courts for Human Rights I think?

 

I am still looking into this......

 

With regards to costs I would recommend that you have legal expenses cover on you building and contents insurance.

[MarkieMark]

Lets see what they say when I tell them they have infringed human rights act 1998 and convention rights.

 

Rights to have a fair hearing or trail

[la2006]

Does any one know if i could get information on past cases/results from the Financial Ombudsman service concerning problems to do with Career development loans.

 

like a subject acess request to the Financial Ombudsman service on career development loans with Barclays - any cases complaints etc dealt with over the last 3-4 years.?

 

Is this possible?

[MarkieMark]

Article 6 of the Human Rights Act Rights to A Fair Trial

 

114 The Court notes that Article 6(1) guarantees, inter alia, a fair hearing by an independent and impartual tribunal. Independent in this case means independent to the parties to the case and also of the Executive.

 

If the FOS are impartial then why do they need to be funded by the very people consumers are complaining about???

 

I found the case Ringeisen V Austria A.13 (1971) 1 EHRR 455 very interesting.

[ReasonableRon]

 

like a subject acess request to the Financial Ombudsman service on career development loans with Barclays - any cases complaints etc dealt with over the last 3-4 years.?

 

Is this possible?

A subject access request is the right of the actual SUBJECT of the data concerned to have access to it, not some random 3rd party, so I would expect the answer would be no.

 

 

If the FOS are impartial then why do they need to be funded by the very people consumers are complaining about???

 

I am sure that there are many organisations paying into the FOS black hole that, given the choice, would be delighted to share the cost with the general public

[MarkieMark]

I have to admit that FOS are not as good as you would expect them to be. I have a major complaint about the way they handled my complaint and they want to time bare me. I have a very bad experience with FOS and now they just want to cover it all up. I hold a very low opinion of them now.

 

You would have thought they were professionals in their field of expertise well they did not impress me.

 

I will not vote anymore dont really care about who comes into power

[tifo]

Justman is absolutely correct in his observations and i have had exactly the same.

 

MarkieMark is aware of my thoughts and we have already exchanged much information in my thread.

 

I am looking to take further action against the FOS and maybe a class action can be a possibility?

[MarkieMark]

Tifo I wrote to the Hunt Review and they were unable to comment because the report has been finalised and will be published soon.

 

I am currently having the information commissioners office look at the potential breaches on the DPA act.

 

With regards to taking legal action I can I would like to make you aware that this can be an expensive and if you do your homework you will be fine. I am researching law as we speak and before I consider any legal action I will also need to do some homework.

 

When you look at the literature the FOS claiming to be Experts well they were not in my case and from the sound of it they were not in others.

 

Like many I see on the website who have written to their MPs I did the same and to be honest I was dissapointed with his letter. I want to say alot of things about FOS but cannot due to the restrictions imposed on this website.

 

The following statement was made by the FOS

 

I confirm that we will apply any relevant legal principle or precedent, including the legislation you refer to, when ruling upon a complaint.

Not in my case FOS

[tifo]

if you do your homework you will be fine. I am researching law as we speak and before I consider any legal action I will also need to do some homework.

 

I confirm that we will apply any relevant legal principle or precedent, including the legislation you refer to, when ruling upon a complaint.

 

Of course, homework is a must ...

 

Not in my case as well ....

 

I've written to my MP, he's written to the Treasury.

 

I PM'ed you earlier re that email, as you asked?

[MarkieMark]

I was reading the following site which will be of interest to you

 

Information for Practitioners - Pre-Action Disclosure

 

Civil Procedure Part 31.6 Pre Action Disclosure

 

Got your PM will reply now

[tifo]

thanks ...

 

that link works more for court cases, but at least if in court i can say i asked for evidence and they didn't supply.

[MarkieMark]

I am creating a video to make my case public. You will see it on you tube soon.

[MarkieMark]

I made an application under s7 of the Data Protection Act 1998 and do you know what the FOS had failed to do that.

 

I have made a formal complaint to the Information Commissioners Office.

 

I dont think I have any confidence in the way the FOS handle consumer complaints based on my experience with them

[tifo]

I made an application under s7 of the Data Protection Act 1998 and do you know what the FOS had failed to do that.

 

I have made a formal complaint to the Information Commissioners Office.

 

They seem to be above the law ....

 

One quango looking at another quango? That's not going to get much result.

[MarkieMark]

I have made a formal complaint to the Information Commissioners Office. See what happens

[MICHFERGIE]

Do not use these useless idiots

 

They are tellimg me I have claimed £450 I have signed a legal binding document and cannot claim the rest

 

Absolute waste of time

 

Do not use the Financial Ombudsman Service:mad: