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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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FOS adjudicator not sharing evidence, FOS in a state of denial***Decision Overturned***


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I have a current packaged bank account complaint and can confirm the FOS's poor practises.

 

Important info in my case was drip fed to the FOS from the bank without my disclosure.

The FOS caseworker would ring me sometimes 5 days later than agreed.

The caseworker would then ambush me on the phone about information I knew nothing about, hardly good advocacy at any level.

 

The They could not even read a bank statement correctly which led to sleepless nights because the FOS caseworker attributed a 11k withdrawal to the wrong company making me believe fraud had occurred, that is until many weeks later once I got sight of the bank statements I requested from the FSO and realised the FSO caseworker's school boy error.

 

Even when I demanded the case be dealt with by another caseworker due to incompetence this was ignored and a decision railroaded.

 

 

Now I have a legitimate claim for harassment against the caseworker for refusing to hand the case over and for continuing to ring me trying to harass me with questions about information not prior disclosed to me.

 

I held a senior management post at The Home Office for over 23 years so I am used to dealing with casework and policy matters at all levels. I believe I am well qualified therefore to categorically state what a complete mess and state of denial the FOS is in.

 

Until MP's experience this poor level of service I seriously doubt things will change for the better.

Edited by honeybee13
Paras.
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Hi Honeybee, not sure if anyone has experienced using the independent assessor set up to consider complaints about the level of service of the FOS, although this appointment seems in house. Thought I'd share my current experience of the FOS with others.

Edited by Robbie101
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Until MP's experience this poor level of service I seriously doubt things will change for the better.

 

Absolutely.

I've recently contacted my MP about FOS bias issues,

basing decisions on (the bank's/businesse's) hearsay evidence,

not sharing evidence relied upon,

not giving me adequate opportunity submit all documents,

lack of updates from the adjudicator,

not respecting my communication needs amongst other things.

 

You can use the writetothem website to find out your MP, then send email/letter from within that site:

 

https://www.writetothem.com/

 

Or use theyworkforyou website. Can write to your MP from there also:

 

https://www.theyworkforyou.com/mp/

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  • 1 month later...

UPDATE: Well I have some surprises for everyone reading this thread. I contacted Caroline Wayman Chief Ombudsman about my concerns about how my case was being handled. The Ombudsman Team leader looked into it and decided there were mistakes made and offered an apology. The case was looked at again in accordance with procedures and the original decision overturned in my favour against Barclays Bank. In this instance justice prevails. My thanks to CAG for providing an important platform and to everyone offering advice on this thread

Edited by Robbie101
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Makes you think how many people have complaints rejected simply because adjudicators have sided with financial services companies, based on reliance on what they have been told, rather than obtaining full information.

 

Well done for pursing when many would have given up. :whoo:

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Well done Robbie...I have amended your thread title to reflect the outcome.

 

Regards

 

Andy

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