Financial Ombudsman Service

[tbern123]

Important Reminder

 

On 6th April, the

Financial Ombudsman Service will start dealing with complaints about companies that hold Consumer Credit Licence.

 

"This affects a wide range of businesses from those whose main activities

are lending, credit broking, debt collecting etc – to those such as motor dealers, furniture retailers etc, where consumer credit is secondary to their main activities. Under the new arrangements, all these businesses must follow proper

procedures when dealing with complaints about their consumer credit activities. And their customers have the right to refer unresolved disputes to the Financial Ombudsman Service"

As confirmed by Mr Maynard, the FOS will charge companies approximately £450 for each complaint they investigate.

Just think, 100 complaints ------ £45,000 in fees for Cabot...

Here is a link to their complaint form

If you do complain to the FOS, do not email the form to them as it must be signed by the person making the complaint. Always remember the FOS are not a consumer champion and do not uphold all complaints. But, even if they reject the complaint Cabot still have to pay the fee

[louiboy]

A dozen new Caboteers step onto the internet,

download their complaint forms, surf around

like only the new can surf around,

their hair regulation-clipped, crisp,

each one clutching a freshly printed form.

 

They post their letters and leave

 

I'm ready to do the whole village

[Rhia]

Yep I have held off with this due to the very wonderful thought of helping Cabot part with a small amount of money. There's a few more in the queue behind me.

[pmhcfc]

Yep I have held off with this due to the very wonderful thought of helping Cabot part with a small amount of money. There's a few more in the queue behind me.

 

A few rhia...A FEW??? lol

[tbern123]

Only 4 more days....

 

Are all those forms at the ready ????

[Seahorse]

In the envelope, signed, with Friday's date on it, ready to post.

 

I hope the Royal Mail have recruited extra staff to cope with the big load that's heading for South Quay Plaza.

[make them aktiv runners]

Tbern I read your draft letter but cannot remember the thread. Although it is an excellent letter there is a slight flaw that the company itself will exploit. You have told them in no uncertain terms not to process your data under the data protection act.... however they are likely to choose to do this in limited circumstances, ie they cannot communicate with CRA to remove your default, likewise if any 3rd party is already involved they cannot tell them to stop contacting you.

 

For everyone else:

Ok so you should first exhaust the company's internal complaints procedure for Ombudsman to take on board. This means you must have produced a letter clearly headed complaint and had it dealt with by their complaints procedure (this is the get out clause they will try to use to stop Ombudsman taking on the case). Those that have (majority I guess) can then start.

 

I can find nowhere where it says you must issue every complaint to the Ombudsman at one time. It is perfectly fair to resolve one issue this way and give the company chance to resolve another issue through their trained monkeys and then complaints procedure before you take further action.........When they realise how much it may cost them then they may just start being more co-operatative.

 

Looks like some of these companys need a lot of educated recruits to meet the timescales, any CAG members interested in a large payment in advance salary with a contract term stating that only those fully documented and legally enforceable debts are part of your duties, a salary for nothing by the vibes that are coming out of CAG members?????

[tbern123]

Thanks for your comments, I will try and respond to them as best as I can...

 

 

Tbern I read your draft letter but cannot remember the thread. Although it is an excellent letter there is a slight flaw that the company itself will exploit. You have told them in no uncertain terms not to process your data under the data protection act.... however they are likely to choose to do this in limited circumstances, ie they cannot communicate with CRA to remove your default, likewise if any 3rd party is already involved they cannot tell them to stop contacting you.

 

I agree that this is a possibility, but if you read the rest of my thread, you will see that Cabot HAVE removed the default from my credit file. There was a very precise reason why I instructed them to cease and desist in the processing of my personal data, the importance of which is contained within the Data Protection Act and in my next claim

 

For everyone else:

Ok so you should first exhaust the company's internal complaints procedure for Ombudsman to take on board. This means you must have produced a letter clearly headed complaint and had it dealt with by their complaints procedure (this is the get out clause they will try to use to stop Ombudsman taking on the case). Those that have (majority I guess) can then start.

 

I try not to blow my own trumpet (not to much anyway), but I deal with the FOS on an almost daily basis in relation to complaints and I have been doing so for over three years. I can confirm that a company cannot stop the FOS from investigating a complaint, unless they resolve the customers concerns.

For clarification, when you make a complaint to the FOS, the first thing they do is write to the company involved asking them to contact the customer to resolve their concerns. If the complaint is still not resolved and the problem is within the remit of the FOS they will write to the company involved for a second time. This second letter will notify the company that they have been charged and will ask the company to a) provide copies of all documentation and b) their version of events.

Like many, I have had a long running complaint against Cabot (complaint first made 8th September 2006). The FOS request that you either obtain a "Final Response" letter from the company involved or you have to give the company eight weeks to resolve your concerns before they will investigate.

 

I can find nowhere where it says you must issue every complaint to the Ombudsman at one time. It is perfectly fair to resolve one issue this way and give the company chance to resolve another issue through their trained monkeys and then complaints procedure before you take further action.........When they realise how much it may cost them then they may just start being more co-operatative.

 

As I stated at the start of this thread, from the 6th April 2007, the FOS will start to investigate complaints about Debt Collection Agencies. As many of us have been dealing with Cabot for a long time, I feel that it will be best if as many of us as possible make a complaint to the FOS.

 

FAQs - changes in consumer-credit complaints-handling

 

 

Thanks again

[make them aktiv runners]

Thanks. I have just re-read last bit (which you kindly responded to) and it is probably not as clear as I intended to to mean. Basically my point was that there is absolutely nothing stopping everyone issuing a complaint to FSA on a issue (when in reality they each may have 2 or more issues), trying to resolve another issue with the company itself (looks like you then didn't miss it 1st FSA complaint). By the time FSA have completed the first one you will then be able to issue yet another complaint to FSA on your second issue, ie it costs cabot or whoever £800 instead of £400

[tbern123]

I have previously thought about complaining to the FSA. However, the FSA mainly deal with companies that provide investment services.

 

As Cabot are not registered with the FSA, I doubt that they would get involved or investigate a complaint

FSA Register__

[make them aktiv runners]

sorry meant FOS

[tbern123]

Your spot on.

 

I have three complaints against Cabot and I am trying three different routes.

 

1) HSBC - Court Case pending

2) Barclaycard - FOS

3) Bank of Scotland - media.

 

I have not started on the Bank of Scotland issue yet, but I feel that there will be interest as Cabot have stated in Black and White that they were going to create a statement and print it on BOS headed paper...

[ScarletPimpernel]

tbern - I know a couple of journalists who may be interested in the story. National papers - serious broadsheets, not red-top tabloids. Let me know if this is of any use.

[tbern123]

Thanks for that, could you sound them out for me and let me know if they are interested. I could provide a brief summary of events