FOS advice please.

[daver1975]

Hi everyone, i refer you to my RBS thread.

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/43332-daver1975-rbs.html

 

I've been away for a while, stalled my claim just before doing a Summary claim for £1,410 odd. (i had to recalculate my claim, so please ignore other figures in my thread).

 

I got this reply the other day from "Bigmac versus":

 

Hi there daver1975, been a while eh, you would be wise to read up on scottish forum as it is now advisable to pursue over 750 through the FOS.

To do this you need to have the banks final say on your complaint or let the 8 weeks go by before starting, that time has obviously elapsed so start by downloading the form and send it away, bonus of this is you need not pay, only the banks do (400 quid per complaint) and remember to request the judicial interest before sending.

 

I'm overall pretty confused. I've obviously missed a turn of events in the way we battle the banks in Scotland. I realise that FOS is the Financial Ombudsman, but I've so far never read about pursuing the claim through them rather than court.

 

I've been rooting around here for answers, but I haven't found a whole lot yet. Is there anyone here who has went through this procedure? got any tips or a thread you can point me to?

 

A thousand thanks from daver.x

[deneedenee]

Hi there,

 

See you're needing a bit of help going down the FOS route. I'm in exactly the same situation and got some help from Maryhillgull. Hope this helps. I've got my thread as Claiming against A&L in Scotland.

 

Cheers

Deneedenee

 

 

 

here is a link to the word document that you have to send to F.O.S. http://www.financial-ombudsman.org.u...laint_form.doc

 

I would fill in the complaint bit using wording from the Prelim. I would then ask about interest in the 'other details' section.

 

THE FOS are well aware of the problem and they just write a letter to thier contact in whatever bank and say we have had a formal complaint from deneedenee asking for £xxx.xx refund of charges, what are you going to do? The bank then wait the maximum time allowed to respond and send a letter back saying o.k then we'll refund them on this occasion but only to avoid a formal F.O.S. investigation (which they have to pay for). F.O.S. then write to you and say the bank going to refund you £xx.xx is this o.k you say yes!!!!! They then write back to the bank and tell them they have x amount of time to make the refund. This is why it probably takes 12 or more weeks for you to get your money.

 

There is a large section in the FOS website about bank charges, but it does not say anything about interest as far as I could see, but there is no harm in trying.

 

Cheers Maryhilgull

[daver1975]

Thanks for that, i'll be looking into this later. I wonder that because I originally wrote to them and got a final "NO" last year, it may take a bit less time for me?

 

cheers,

 

daverx

[deneedenee]

daver,

 

You can go to FOS up to 6 months after receiving your last rejection letter from your bank. Think the timescales will still be the same though?

 

I made the mistake of doing nothing after I received a final "no" from A&L, and because it's been over 6 months I've had to start again from scratch.

 

Cheers

Deneedenee x

[daver1975]

Ok, so my final letter from the bank says something along the lines of "we're standing firm, please feel free to pursue this in court".

 

So instead of doing that right now, I should just fill in the FOS form and wait?

 

Also, my initial calculations were based on 6 years previous rather than 5, so should I re-calculate from the same claim date, or leave it d'ye reckon?

 

cheers folks.

[deneedenee]

Yeh fill in the FOS form and go down that route now. I'd claim for all charges that you've had from the bank.

 

I've heard conflicting information too about claiming back interest from FOS. Some say you can, some say you can't. I'd add on the 8% anyway and give it a go.

 

deneedenee

[daver1975]

Hey, thanks.

 

I think what I'm going to do is send my complaint based on my original claim, including interest. See what happens. The reason I was going to recalculate was because I was scared of it all being thrown out of court, but now looks like I might not have to do that!

 

Cheers deneedenee!

daverx