I think that it is most unlikely that he knew about the FCA fairness regulations. If his attention had been brought to them then he would have been obliged to read them and then to take them into consideration. Unfortunately we didn't anticipate this and didn't brief you in.
Thinking back, the judge did concede that the ombudsman’s decision was not binding on the court but he certainly used it as the basis for his decision. I doubt if he would have ignored the ombudsman.He did make comment that any issue of this kind should be resolved by a court which I took to mean in other words dont bother with the Ombudsman.
He made no mention as the level of charges and if they are justifiable, but again this was because the Ombudsman had already said they where.
Also it's a shame about the judge's reliance upon the ombudsman's decision.
The ombudsman's remit is apparently to arrive at a solution which is "fair to both sides". However if you look at all the FCA regulations, they talk about – treating the customers fairly – communicating with the customers fairly – having the customers interests in mind when making a decision. In other words, in my view, the ombudsman remit is at odds with the statutory duties of banks and financial firms generally.
If we had thought about this, we could have briefed you on it and you could have raised this is an objection to the judge. The judge really had no business following the ombudsman's decision. The judge was bound by the regulations set up by the FCA under the Financial Services and Markets Act 2000 – but who knew?
Thanks BF, that was basically what the Judge said to the Solicitor who was caught unawares that I would be on to it, so yes its very good advice.
Its not unlike the bank charges fiasco, we know we are all right but the Judges will always fall back on the law rather than try and change it in my opinion.
Shocking pictures reveal ‘disgusting’ conditions inside Hermes depot where workers ‘feel like slaves’. Read more at https://www.consumeractiongroup.co.uk/topic/419726-shocking-pictures-reveal-%E2%80%98disgusting%E2%80%99-conditions-inside-hermes-depot-where-workers-%E2%80%98feel-like-slaves%E2%80%99/
Euro Car Parks issued this ticket to the police in Devon and Cornwall. Read more at https://www.consumeractiongroup.co.uk/topic/419522-can-anyone-identify-the-parking-company-which-issued-this-ticket-to-the-police-in-devon-and-cornwall/