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FOS Decision - Judicial Review

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WHi All

 

Background:

 

I was purchasing a property on mortgage (Clydesdale Bank) and it was a sub sale. Because of some delays at bank's side we missed the completion date and I lost about £60K. Losses fall into following categories,

 

1. About £20k - Penalty issued by the seller for late completion (this was already confirmed)

2. About £40k - Money lost in arranging the finances to complete on cash

 

FOS decision is in my favor.

However, they are awarding me only about £20K

(The actual penalty issued by the seller which I had to pay).

They are not considering my other losses even after submitting all the evidences.

 

So don't know what to do?

Already suffered a lot and still suffering.

 

Have 3 options,

 

1. Take about £20K and forget

2. Approach County court

3. Approach High court - Judicial review

 

Any guidance and help will be greatly appreciated.

 

Thanks in advance.

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Have you appealed (to the FOS) them not awarding your consequential losses?

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Yes, its FOS final decision they confirmed over phone. Adjudicator had given decision in bank's favor. I have all the evidences to prove bank is at fault but just don't know what is the best option?

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In their final response did the Ombudsman give an explanation for why they aren't awarding the other 40k losses?

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They said that bank is not responsible for my other personal losses as bank fulfilled their mortgage promise after few weeks.

 

 

they are going to award me only the penalties issued by the investment company/seller.

FOS didn't care about my points and simply ignored it.

 

Initially they were not even awarding me the about £20K losses.

After fighting for it, they agreed for it over phone.

 

They were just awarding me £600 for interest penalty and £500 for stress etc...

 

Still waiting for their final response letter/mail.

 

Considering that its huge loss, just trying to figure out the best possible option now.

 

TIA

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Received Provisional Decision by FOS. They will give Formal Final Decision on 16 Oct.

 

They are rejecting all my personal losses saying that it was my choice to arrange the funds for completion and penalties even though I have provided all the evidences and proper explanations for everything.

 

I am not sure what to do now? Its substantial amount about £40,000

 

Was thinking of writing to Caroline Wayman but not sure if it will help or work against me.

 

Any advice please? It will be highly appreciated. I have until 09 Oct to provide any comments.

 

Can't find any solicitor also who is willing to fight for me.

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