FOS ombudsman review

[borgbaiter]

Hi

i have a complaint with the FOS. They have made their findings. found against me in every part of my complaint. does anyone have any experience of asking for an ombudsman to appeal a complaint?

is there any point to this or is it just a tick box proceedure.


thanks for any help


Borgbaiter

[EXC]

Re: FOS ombudsman review

It would seem that your only course of action would be a Judicial Review. http://www.financial-ombudsman.org.u...rules_a11.html

What was your complaint about?

[borgbaiter]

Re: FOS ombudsman review

hi

mortgage default charges and some other related things.

The findings say i can as for the claim to be reviewed by an ombudsman.


from what ive read on judicial review it wouldnt be worth it.




Borgbaiter

[natweststaffmember]

Re: FOS ombudsman review

hi

mortgage default charges and some other related things.

The findings say i can as for the claim to be reviewed by an ombudsman.


from what ive read on judicial review it wouldnt be worth it.




Borgbaiter

You can ask for the chief ombudsman to review the complaint, furthermore, there is an independent person who you can take it to.
It might be worth giving a brief outline of the case and we can see if there is room for movement or perhaps where the ombudsman may have erred in their decision.

[borgbaiter]

Re: FOS ombudsman review

hi

i was trying to reclaim default charges under unfair terms and penaltys under common law. there were also elements of incorrect credit reporting and use of early redemption clause as a default for being three month sin arrears.

also claimed for not acting in accordance with banking and mortgage codes especially in relation to financial difficulties.

rulling is in brief default charges are not accessable for fairness only for incorrect application.

credit reporting should be addressed to the information commissioner.

the mortgage company basically provided their terms and conditions and very litte else by way of supporting documents.

no element of my complaint was upheld.


Borgbaiter

ps this is very brief

[natweststaffmember]

Re: FOS ombudsman review

hi

i was trying to reclaim default charges under unfair terms and penaltys under common law(OFT test case threw this bit out on bank accounts). there were also elements of incorrect credit reporting and use of early redemption clause as a default for being three month sin arrears.
Explain this, early redemption ie when you change deals?
also claimed for not acting in accordance with banking and mortgage codes especially in relation to financial difficulties.
For example, what evidence did you use?
rulling is in brief default charges are not accessable for fairness only for incorrect application.
Due to OFT test case, that is why they can only look at financial hardship bank charges cases or Credit card charges.
credit reporting should be addressed to the information commissioner. Complaint required.

the mortgage company basically provided their terms and conditions and very litte else by way of supporting documents.

no element of my complaint was upheld.


Borgbaiter

ps this is very brief

No probs, have given some brief comments but by all means come back to me a criticise or add more to what I have said.

[borgbaiter]

Re: FOS ombudsman review

hi

The FOS specifically said it is nothing to do with bank charges and that if it was the OFT would have taken action against mortgage terms in the same way (thats the jist not a word for work quote)

The erc was a 5% cash back with mortgage advance repayable for ending mortgage within 5 years of taking it out. it also demanded repayment if the account went more than 3 months in arrears.

the evidence was going thro the banking and mortgage codes line by line pointing out what had and hadnt been done in my case. this was backed up by reference to the telephone logs for the mortgage account. additionally a debt councillor visited and went through a i/e form. this showed we had more going out than coming in, despite this the mortgage was increased by £160 per month. nonje of which is disputed by the mortgage company.



Borgbaiter

[scoobydoo]

Re: FOS ombudsman review

I must admit I have not heard of an ERC being claimed for being in arrears - was that made clear in the Key Information Points when you took out the mortgage?

I have seen some people reclaim mortgage arrears charges but I am not sure how the FOS judge which are unfair and which are not.

Do you have the full final wording of the letter from the FOS in which they rejected your claim?

Was this mortgage through a high street regulated lender?

[borgbaiter]

Re: FOS ombudsman review

hi

the mortgage was taken out in 1999 so i think thats before key points came in. mortgage was taken out from a tv advert. it was a one line mention in one of the documents making up the terms and conditions. all of the mortgage was done by phone, post and we used their solicitors. i was very trusting back in them days :-)

im going to admit defeat on this one but ill put up their findings and their explanation of their findings in a couple of days.




Borgbaiter

[scoobydoo]

Re: FOS ombudsman review

http://www.fsa.gov.uk/pages/Library/.../0113_kw.shtml


you may be interested in this link.

I think you may not have taken out the mortgage if you had been fully aware of the conditions of the ERC and or the charges?

Keep trying - thats my motto

[borgbaiter]

Re: FOS ombudsman review

hi

didnt see that link before but submitted this one to the FOS to which no comment was made.

http://www.fsa.gov.uk/pages/About/Wh.../arrears.shtml

to be honest i dont think anything i said had any bearing on what was decided.

for instance i was sent a questionaire to fill in. The day after it was recieved The FOS Findings were already in the post!! this included the abouve FSA document so a pretty swift turn around.



Borgbaiter

[scoobydoo]

Re: FOS ombudsman review

Which do you think you are most upset about - the way that you were treated when you were in arrears - or the fact that you were not aware of the T&C of the mortgage when you took the mortgage out.

Were you being charged automatic charges when you were in arrears or a genuine charge for contactiing you to discuss arrears?

[borgbaiter]

Re: FOS ombudsman review

hi

it was mainly automated letters notifying charges ahd been made. there were some phone calls but these consisted of you must pay the arrears now or over the next three months.

The whole mortage was very distressing even after all these years. adds insult to injury to be told they acted correctly.

As for the cashback i was well aware of the need to keep the mortgage for 5 years just the penalty aspect of it passed me by and to be honest the implications wouldnt have occurred to me that if it was reclaimed it would effectively be impossible to pay. given the onerous nature of this it should in my opinion have been pointed out before i took up the mortgage.

http://www.financial-ombudsman.org.u...-contracts.htm

I put this to the FOS as it showed complaints were terms should have been brought to the borrowers attention. especially in relation to distance selling. however the FOS view was that these were not relevant to my case.


Borgbaiter

[CYNthesys]

Re: FOS ombudsman review

Has an Ombudsman made the decision or an Adjuciator?
If an Adjudicator made the decision, you can ask for it to be reviewed by an Ombudsman.

I rejected an Adjudicator's decision in January because it was seriously flawed. My complaint is now in a queue to be looked at by an Ombudsman.

[borgbaiter]

Re: FOS ombudsman review

hi

thanks for the reply. have they indicated how long this review will take?


Borgbaiter