Ombudsman agreement decision

[frisp]

Creations sent me an agreement that was illegible and over the last 3 years hasn't provided an agreement that complies with the relevant legislation or case law.

Here is the agreement in question










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Here is what the Ombudsman had to say


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Page 2

[Amethyst]

Re: Ombudsman agreement decision

Thats a good letter thanks Frisp.

FOS aren't there to deal with the law just to adjudicate so its as would be expected, common sense more than legal wrangling.

Have you taken other action as well ?

[frisp]

Re: Ombudsman agreement decision

They state in their online blurb that they act in the place of Judge and take note of all relevant legal statue and case law when deciding cases, however when push comes to shove they cop out on including any thoughts on the law.

I'm of the opinion that they just don't want to create any precedent, so the only use they have is to keep Financial Institutions and DCAs at bay whilst they are investigating.

My case with Creations took 2 years to get to here.

[natweststaffmember]

Re: Ombudsman agreement decision

Frisp, they are dispute resolution service and not a substitute for court.

You got that quote about the judge by the way? Link?

I would have come to the same conclusion myself with regards to unenforceable agreements in this case.

[frisp]

Re: Ombudsman agreement decision

Thats a good letter thanks Frisp.

FOS aren't there to deal with the law just to adjudicate so its as would be expected, common sense more than legal wrangling.

Have you taken other action as well ?

I've complained to the OFT and my local TS, OFT thanked me for my input and TS they'd do nowt as its not in the interest of the public purse.

As I've got the charges back and the default removed from my CR, I'll wait for Adams/Creations to take the next step.

I'm confident that's the end of it

Just though I'd share so people will not be disappointed when they get their FOS decision.
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Frisp, they are dispute resolution service and not a substitute for court.

You got that quote about the judge by the way? Link?

I would have come to the same conclusion myself with regards to unenforceable agreements in this case.

I know that now Nattie , but when I started down this track 2 years ago, we were encouraged by most forums to complain to them, the OFT and local TS.

I've just followed the whole process through to its conclusion. As I said it took 2yrs to get there in the meantime I've seen of a clatter of DCAs just by quoting the FOS reference resulting in the account has been returned to Adams/Creations.

So it has its uses and sooner or later one of them may actually consider the case law and and make a statement that ' the law of probabilities would indicate that this agreement is kack'

Anyone spot that flying pig

That Quote

We have looked at your complaint and as our **roles and responsibilities of the Financial Ombudsman Service **clearly state** we **"will" take into account the "relevant law, regulations, regulators’ rules and guidance and standards, relevant codes of practice (such as the Banking Code), and good industry practice at the time.

[natweststaffmember]

Re: Ombudsman agreement decision

Well I would say if you aren't disputing taking it out then probabilities is that it isn't fraud, lol. However, court route is next then for declaration, is that right?

I never got involved on CCA stuff cos I didn't get it(and still don't really).....

[frisp]

Re: Ombudsman agreement decision

Well I would say if you aren't disputing taking it out then probabilities is that it isn't fraud, lol. However, court route is next then for declaration, is that right?

I never got involved on CCA stuff cos I didn't get it(and still don't really).....

I'll wait for them to initiate the case, they haven't done so in the past as I reckon they know they'd lose.

I'm not affected so no need for me to do owt