FOS refusing to provide info

[ocelot0411]

Hi there

I had a complaint which went to the FOS. It was partly upheld but I rejected it as I wanted to take legal action. I am now in the process of doing so and have asked the FOS to confirm the scope of their complaint handling as the other side intends to rely on the bit that was not upheld.

Anyway the FOS have refused to provide this and although I have sent a DSAR I cannot be sure that what I recieve will cover this point. Is there anyway I can force them to provide me with this i.e. via a court order?

Thanks

[EXC]

Re: FOS refusing to provide info

What do you mean by ''have asked the FOS to confirm the scope of their complaint handling''?

[ocelot0411]

Re: FOS refusing to provide info

What I mean is the decision they reached didn't actually address the main point of my claim. All I want is confirmation from them that they didn't consider it and then the other side's defence falls away. Does that make sense?

[EXC]

Re: FOS refusing to provide info

You can certainly ask for the complaint to be reviewed by an Ombudsman.

Also I'm not sure that a defendant could rely on the FOS's decision on the part of the complaint that was not upheld, as part of their defence in court.

[labman]

Re: FOS refusing to provide info

Does this help you at all?

http://www.financial-ombudsman.org.u...-Annex%20A.pdf

[ocelot0411]

Re: FOS refusing to provide info

Hi the complaint has been before an ombudsman. What I want to know is can I get a court order to force them to give me the evidence I need for the court case?

[CYNthesys]

Re: FOS refusing to provide info

Ive sent aDPA request to the Ombudsman in the past and found them to be extremely helpful

I received a huge bundle of copy documents, notepad entries of all communications and correspondence in relation to the complaint, and even copies of the Ombudsman's internal memos.

[Bill-K]

Re: FOS refusing to provide info

If this is a request for procedural details, as opposed to case-specific data, would a FoI request yield owt ?

[CYNthesys]

Re: FOS refusing to provide info

If I remember right FOI isnt applicable to FOS

Re DPA request to FOS, it was a real eye opener in my case, as I received lots of documentation that I had never previously had sight of. There were copy letters between the Bank and the Receivers, reconstructed statements that didnt even add up, alterations to debit interest, changes of dates, lending reports, copies of the Banks branch internal memos, etc etc etc. I could go on forever.

The Bank itself had failed to provide me with much of this info, as they contended that it was manual data that wasnt caught by DPA because it was held in chronologically in unstructured files that didnt meet the criteria of a relevant filing system.

However all the data held by FOS was "caught" by the DPA despite being held chronologically because it related solely to my complaint.

[Bill-K]

Re: FOS refusing to provide info

Heck.

Bl00dy good 'gophering' CYN !!!

Go for it, say I, Ocelot.

[EXC]

Re: FOS refusing to provide info

If I remember right FOI isnt applicable to FOS

Although that was the case the FOS came under the jurisdiction of the Freedom of Information Act at the beginning of this month (I wasted no time in whacking a request in myself to get the adjudicator's 'manual' on how they should consider PPI complaints)

You won't be able to get information concerning yourself but you can for others - subject to the DPA. But it doesn't look like you'll be able to information on adjudicated decisions other than has been already been given.

''Your request can be in the form of a question, rather than a request for specific documents. But we don't have to answer your question, if this would mean creating new information – or giving an opinion or judgement which is not already recorded.''

''You can request information about other individuals under the Freedom of Information Act. But we may not be able to provide this information to you, if it would unfairly reveal personal information about someone else.''

making a request under the Freedom of Information Act

[di30]

Re: FOS refusing to provide info

When I requested for all my details via FOS through a SAR request, I did receive absolutely everything from every account complained on, so hopefully what you want will be there.
Once you received it and you do not find the details you think they are holding back, then I'm sure you could contact them and say you believe that some information is missing and and ask if they will provide you with this missing info as you believe you have a right under the Data Protection Act (DPA).

Good luck.