FOS Leaflet

[rebel11]

Hi Guys

 

Anyone got one that they could scan?, need to have a read as a matter of urgency.

 

Thanks in advance.

[ims21]

I think this is the one reb....the consumer leaflet is reproduced on the fos website here

 

http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm

[citizenB]

Anything we can help you with rebel !

[rebel11]

Hi CB

 

I lodged a complaint with Halifax late 2012, complaining to senior managers at various levels regarding information they have provided. The Halifax's 'Final Response' was a computer generated credit card statement.

 

I expected to be sent a 'letter' not a computer generated credit card statement.

 

I don't recall receiving an FOS leaflet, that's irrelevant as I should have received a 'letter'.

 

The correct format for a 'Final Response' as described in the DISP is a letter complying with the Rules set out in the DISP 1.6.2.

 

http://fshandbook.info/FS/html/handbook/DISP/1/6

 

My complaint to the FOS is out of time, over 6 month. (I believe I have exceptional circumstances besides DISP).

The Halifax has raised an objection as it believes the following rule applies, DISP Rule 2.8.2. (out of time Rule).

 

The FOS adjudicator believes that on the balance of probabilities the Halifax did send a 'Final Response Letter'. This is easily clarified with a SAR request. The 'Letter' does not exist, only a computer generated credit card statement.

 

The FOS think this is about enforceability, but it's about information, the agreement is unenforceable.

 

In a bizarre twist I sent Halifax the same complaint in October 2013, the Halifax responded by stating that the FOS had looked into the matter in 2012 and found in Halifax's favour. The complaint with the FOS was lodged in October 2013 so that is not possible.

 

Halifax make stuff up, they present the made up stuff in court and to me, when they get caught out, they can't answer the questions in my complaints.

 

 

Anything we can help you with rebel !

Edited January 5, 2014 by rebel11

[rebel11]

Thanks ims21

 

I think this is the one reb....the consumer leaflet is reproduced on the fos website here

 

http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm

[citizenB]

Was your response from the FOS, via a first tier adjudicator or the Ombudsman, Rebel.. If the former, then I think you need to push it up the ladder.

[rebel11]

Hi CB

 

It was from the first tier adjudicator, complained to the CEO like yesterday, a very quick response, informed that I need to provide them with exceptional circumstances for the first complaint 2012 because Halifax objected due to being out of time, I'll do that. They are opening up a new case file for complaint October 2013 as that's within the the six month time limit.

 

Apparently Halifax can write a 'final response', they don't have to send it out. It is for the consumer to get hold of a copy. That is my understanding of what I've been told. According to the FCA.

 

Was your response from the FOS, via a first tier adjudicator or the Ombudsman, Rebel.. If the former, then I think you need to push it up the ladder.

Edited January 8, 2014 by rebel11

[citizenB]

Hi CB

 

It was from the first tier adjudicator, complained to the CEO like yesterday, a very quick response, informed that I need to provide them with exceptional circumstances for the first complaint 2012 because Halifax objected due to being out of time, I'll do that. They are opening up a new case file for complaint October 2013 as that's within the the six month time limit.

 

Apparently Halifax can write a 'final response', they don't have to send it out. It is for the consumer to get hold of a copy. That is my understanding of what I've been told. According to the FCA.

 

 

Well now that has to be the most bizarre statement I have heard from the regulators ?

 

How the hell are you supposed to know that they have written a final response and be able to act on it within the 6 month time frame if it is never posted to you !

[rebel11]

Hi CB

 

Has to be a bizarre answer, 'Antenna Headband', cheap, they can send a signal across the airwaves

 

Well now that has to be the most bizarre statement I have heard from the regulators ?

 

How the hell are you supposed to know that they have written a final response and be able to act on it within the 6 month time frame if it is never posted to you !

[Andybars]

The other thing to note is that the LETTER ITSELF must mention Ombudsman Referral Rights - merely including a leaflet is insufficient - The FCA Handbook definition for a rejected complaint is as follows

 

"a written response from the firm which" ......"rejects the complaint and gives reasons for doing so and which informs the complainant that if he remains dissatisfied with the firm's response he may now refer his complaint to the Financial Ombudsman Service and do so within six months" .

 

In your position, I would ask that this case is referred to a jurisdiction ombudsman although given the delays with such cases it may be quicker for the subsequent complaint to be investigated

[rebel11]

Thanks Andybars.

 

The other thing to note is that the LETTER ITSELF must mention Ombudsman Referral Rights - merely including a leaflet is insufficient - The FCA Handbook definition for a rejected complaint is as follows

 

"a written response from the firm which" ......"rejects the complaint and gives reasons for doing so and which informs the complainant that if he remains dissatisfied with the firm's response he may now refer his complaint to the Financial Ombudsman Service and do so within six months" .

 

In your position, I would ask that this case is referred to a jurisdiction ombudsman although given the delays with such cases it may be quicker for the subsequent complaint to be investigated