Financial Ombudsman - a recommendation

[bill-k]

Does anyone know why you can't complain to the FO if you are taking court action against a bank?

 

Not too sure, Phatram, but I believe one has to choose whether to complain to the FO first (ie before going to court), then resorting to court action if the FO can't help - OR - just going straight to court (which is what the majority seem to be doing, here, as the FO seems to be able to do SFA !!)

 

Doing both simultaneously would be like trying to get your car fixed at two different garages at once.

 

HTH

[Guest Battleaxe]

Yikes, me car is getting fixed at two garages. Actually my complaints to the FO are more of a reminder why I find his office not effectual.. He wants us all to go to court so his office has a lighter works load...but I figure if I keep him informed he just might take notice just how weak we think he is and we are are able to get more justice doing it our way

[bill-k]

Hah !!! Is that right, Battleaxe. I've sent a stiff e-mail, but declined the invitation to complain officially. I suppose if your complaint is a general one, as opposed to a specific ongoing claim, then there's no harm. Or ARE you really getting the job done by both ?? !!

 

If that is so, then I apologise for the misinformation, Phatram !!!

[Guest Battleaxe]

I have let the FO know just for information as I told his office I thought they were useless and I am now waiting to see how he responds.

 

I haven't started down the court route yet with MBNA CC.

 

Rachael Claridge Assistant Vice president reckons their charges are fair and just according to the OFT. I am just playing devil's advocate before Ms Claridge gets hit between the eyes with a sledgehammer. I told her the delaying tactics have been reported to IC, FO, FAS and OFT. i want to give her something to think about while she plans her next delaying tactic.

 

I know I am not playing fair, but then neither are they. i just want give a bit of agro back.

[moneymonster]

For the past year i having been dealing with a Financial ombudsman, because I was wrongly informed by an IFA in a mortgage and was later charged by the vendor for rent of the property my fiancee was also evacuated from the house with my two little chgildren let alone my fiancee also expecting our third we incurred extra chrarges because the mortgage wasnt completed in time although I exchanged contracts and deposit 5 monmths previous , i now have a mortgage that i cant really afford and wanted to claim off the IFA, but they havent responded to the Financial ombudsman? I could have lost everything someone should pay!

[bill-k]

Battleaxe - Like you, I sent the FO my stiff e-mail, and got a reply inviting me to make a formal complaint if I wished (by sending in all the evidence , etc.) - I replied, declining to, AT THAT TIME. If you haven't received such an e-reply within a day or 2 of you sending your original stiffie, then I reckon they're getting swamped already !! They might even be GETTING THE MESSAGE at last !!!

 

You say you're not playing fair, but you're playing by their rules, aren't you ? Who's to say that's not fair then, eh ? That's reciprocity and mutuality in the raw , innit ?

 

Fell Outta My Tree Laughing at this one...Do you mean to say that YOU have actually been honoured with a communication from MBNA's Assistant Vice President ? Whoa - RESPECT !!! Makes you think you're being taken notice of, for once, doesn't it !!

 

I, too, felt just as important when I got a letter PERSONALLY signed by their Assistant Vice President. You've just burst my balloon, though. The AVP who signed MY letter was a Susan Pemberton.

 

They're ALL Assistant Vice Presidents, then !! There's a whole open-plan typing-pool full of 'em.

 

To me, that sums up their bl**dy attitude.

 

Yours (ever so slightly) sincerely

 

Bill-k

Chief Assistant Vice Under-Manager to the Chair.

 

[bill-k]

Hi Moneymonster - and welcome. That's one hell of a sad tale for you and your family. I've been 100% concerned with reclaiming bank charges, here, so I can't give you much advice myself. But I'm sure there is info on this site for your situation (if you haven't found it already). It might give you a better alternative to trying to get the FO to do anything.

 

You might want to start your own thread, too, as that might help you get the right advice from forum members.

 

Hope that helps,

 

Bill.

[notlam]

According to the published annual accounts for the Financial Ombudsman Service, to 31st March 2006, (available to anyone instantly online for £1.00 from Companies House) the Chairman of the FOS, Sir Christopher Kelly KCB,

 

- attended 11 meetings out of 11.

- was paid £65,000.

 

Not sure what else he did for that but who wouldn't get out of bed once a month for that sort of spondoolie?

[danielking]

Also done, I hope that this action will make the FO realise that this is part of their remit!

[un1boy]

Also done, I hope that this action will make the FO realise that this is part of their remit!

 

I dunno, especially when you get replies like this:

____

Thank you for your e-mail.

 

I am not sure why this has been forwarded to our service as you state that you have no confidence of the Financial Ombudsman Service. I am presuming that this has been forwarded in error.

 

If you do wish to use our service I enclose an e-mail which maybe of use to you.

____

[Guest Alison82]

Done!!

[bill-k]

I dunno, especially when you get replies like this:

____

Thank you for your e-mail.

 

I am not sure why this has been forwarded to our service as you state that you have no confidence of the Financial Ombudsman Service. I am presuming that this has been forwarded in error.

 

If you do wish to use our service I enclose an e-mail which maybe of use to you.

 

____

 

You didn't send to the OFT FSA by mistake, did you, un1boy ? I nearly did !!

[bill-k]

FWIW, this iz wot I rote, if itz any use (and they replied) :-

"

Hello,

I have recently been requesting repayment of unlawfully made bank penalty charges. I am constantly being told that I must wait in line for the bank to deal with my complaint, and then eventually being effectively told that the Ombudsman is the only avenue left to me if I am not happy with their response.

 

Having asked the Ombudsman previously for help, I know I am not alone in expressing my lack of confidence in the Ombudsman’s powers, or willingness to exercise those powers. I therefore am well aware that there are other, more effective, ways of dealing with the banks – and in particular through the Courts.

In my meagre experience, the Ombudsman seems to serve little other purpose than to reinforce the banks’ arrogance and sense of impunity.

I would respectfully suggest that, at the very least, the Ombudsman directs banks to suggest the Small Claims Courts as an alternative to the Ombudsman in many cases of complaint. Until such time that the Ombudsman can demonstrate both some muscle and also a full set of teeth, then that might at least be of some help.

Yours regretfully,

 

Bill-K.

"

[un1boy]

You didn't send to the OFT FSA by mistake, did you, un1boy ? I nearly did !!

 

Nope, defo the FOS!!!

[mooreda]

i personally believe that we should all start bombarding the FOS with our complaints - this is what caused the uproar with Endowment Misselling. The FOS are already beginning to get inundated with cases and quite clearly the more we bombard them with the more they will have to stand up for us consumers!

 

I have raised one case with the FOS against Lloyds TSB and the bank backed down and reimbursed the ALL charges before the FOS began their Investigation.

 

I am about to start again with a relatives case and will do the same with this one as well - instead of using the Court, escalate to the FOS.

 

Please note, if a case goes to the FOS - it does indeed cost the bank!

[notlam]

I can see no reason not to do both; start your court claim and write to the FOS too.

 

Not because I believe the FOS stand up for us consumers, they wont really; they know which side their bread is buttered - they are financed by the banks and other financial companies, but I do know that it will cost the banks more because they have to pay a fee for each case that is referred to the FOS.

 

It will also create a bit of a problem for the FOS, which can only add to the pressure the banks are already under.

[whufc77]

TAKE THAT FINANCIAL OMBUDSMAN!

 

I am suing my bank due to the excessive/unlawful charges applied to my account since opening! My bank ltsb advised me to see the claim through the BANKING OMBUDSMAN! The case has now got to the stage where both of us have entered into dialog with the local county court. Lloydstsb’s solicitors HAVE BACKED DOWN AND WANT TO DISCUSS A SETTLEMENT!

My question to you Mr. banking ombudsman is why have you been letting the banks rip us (general public) off by implying these unlawful penalties to our accounts! Aren’t you the guys that should be looking after us?

I decided to use the county court small claims track because of the reason behind the question I have just put too you (absolutely no confidence in the banking ombudsman)! The Consumer Action Group has been instrumental in recouping my unlawfully taken penalties. The Consumer Action Group is receiving over 4000 complaints a week compared to your miserly 150ish. I think its about time that you stood up and defended the people, maybe then you will gain some creditability and respect for the governing body that you say you are!

So just to wrap things up, which of the two organizations do you think that the general public has more confidence in?

Look forward to your reply

[bill-k]

Good One, whufc77 !!!

 

Further to the recent input from Battleaxe, Mooreda & Notlam, I find myself well corrected with regard to getting my car fixed !! Hell, I ain't gonna argue with you guys !!!

 

I'm going to book it in to both garages in future. Thanks for putting me straight !!!

 

Bill.

[bill-k]

Hi, just an earlier email to the FOS, and their reply. For general interest.

Translating:-

Me: "The HMCS suggest I try alternatives first - can you help ?"

FOS: "Sorry, can't help - we have no teeth, and no balls, and as such are a waste of time, effort and space. Bye."

Sent: August 2006

To: External Enquiries

Subject: Query

 

Hello,

Following recent publicity concerning the OFT’s report on excessive bank charges, I have acted on advice available online, and requested refunds of such charges from several banks. Some of these charges go back more than 6 years (as far back as 1981), but I am told that I can still claim them as they are unlawful.

So far, the indications are that the banks will offer nothing unless and until I issue a County Court claim, but before I do so, should I first ask the Ombudsman to help?

 

The Court Service seems to suggest this, but I’m not sure if I can use the Ombudsman Service in this case.

 

Many thanks,

 

Bill-K.

 

Dear (Bill-K),

Thank you for contacting the Financial Ombudsman Service. Please quote reference number XXXXXXX in all future correspondence.

Information on our role and the service that we provide is available on our website, www.financial-ombudsman.org.uk

 

I am afraid that there are some limitations to our powers. One of these is that we do not have a general "policing" function with regard to banks. We do not, for example, have the power to order or recommend that a bank should limit its charges to a particular level or should exercise its discretion in levying charges in particular circumstances.

Unless you tell me that the specific charge is not in line with the normal tariff, I regret that, on the information you have given, your complaint does not appear eligible for investigation under our rules.

Regards

Jo Kebbie

Consumer Consultant

 

 

 

[bill-k]

...I think I know which garage is going to finish the job, though !!

[Guest Battleaxe]

Bill UK

 

I posted a thread this morning regarding my response from the FO then rang them, pity the lady on the other end.

 

All they can do is investigate, they do nothing else and have no powers to award damages or anything. I re-iterated that this why the financial institutions sneer at us and recommend that we take our complaint up with them knowing this.

 

Might as well take on the rest of them, while I am in this mood. kick enough of them I might get the response I want.

 

Phillipa

[un1boy]

What is the point of the FOS then? All they can do is investigate - so what if they find that the lenders have acted unlawfully?

[notlam]

What is the point of the FOS then? All they can do is investigate - so what if they find that the lenders have acted unlawfully?

 

First, they all gather round and get in a huddle.

Then there's lots of mumbling and tut-tutting.

Then they draw lots to decide who has to ring up the naughty bank.

The boss draws the short straw and tells the temp she/he has to do it.

The unfortunate one gives the bank a damn good telling off (not really, just kidding).

Then they agree to go for a two-hour lunch with their chums from the bank to discuss the "very serious matter".

Then three hours later they come back and are all too sozzled to remember what they were doing before lunch and somehow your letter slips down the back of the filing cabinet - oops!

[bill-k]

Battleaxe - Well done, Phillipa. Yeah - go for the rest of 'em while your axe is still swinging !! I wish I had your spirit.

 

Un1boy - see notlam's answer !!!

 

notlam - I reckon that's about spot-on.

[morgan054]

I can see no reason not to do both; start your court claim and write to the FOS too.

 

 

After my reply from the FOS i would suggest FOS first then court action

 

Dear Mr Morgan054

 

Thank you for your email.

 

It isn't clear why you have sent us this message,(Duh:o ) but I can inform you that we do consider all valid complaints about bank charges and each case is assessed on an individual basis.

 

However, I will inform you that we can not get involved in any case that has been through or is going through court proceedings.

 

More information about our service can be found on our website

http://www.financial-ombudsman.org.uk/

 

 

Yours sincerely

 

L Williams

 

And it ONLY took 7 days to reply:rolleyes: