FOS Ombudsman Final Decisions

[di30]

Hi folks

Hope this is okay to post this one here, but feel free to move this otherwise if not appropriate here.

Out of interest - Is there anyone here or anyone you may know that have had a complaint NOT upheld by the Adjudicator - and once reviewed by the Ombudsman its been rejected again because they agree with the Adjudicators decision?

Have you known many Ombudsman overturn rejected Adjudicators decisions?

Checking on the FOS website, on final decisions made by the Ombudsman unless I missed something but most rejections made by the Adjudicators the Ombudsman mostly goes along with.

Yes I have one in with the Ombudsman, it was passed on a few months ago by the Adjudicator after my case being with the for almost 2 years, so am still awaiting a decision.

However, in my case the Adjudicator decided to agree with my case at first, then changed her mind when the business/bank was not having any of it, so then more or less not long after decided to go along with the bank and reject my case, with that its now with the Ombudsman.

I am not happy with the service myself and hubby received to be honest, and the Adjudicator that was dealing with our complaint left a few months ago, so its left in the hands of another Adjudicator (working alongside the Ombudsman) so this is again why its taking some time.

(My case was fast tracked months ago to the Ombudsman due to my ongoing health issues)

[dogtired]

Re: FOS Ombudsman Final Decisions

Had them go both ways Di.
Recent one was the Barclays when the Ombudsman decided to disagree with adjudicator and told Barclays to compensate me.
Another that had been passed to Cabot the Ombudsman still rejected despite evidence that they were :deadhorse:
Asked that the other HBOS ( Sainsbury) one go to the Ombudsman now almost two years for this now and the adjudicator for reasons only known them has now decided it needs to be with BOS as they were the " parent" bank

[di30]

Re: FOS Ombudsman Final Decisions

Had them go both ways Di.
Recent one was the Barclays when the Ombudsman decided to disagree with adjudicator and told Barclays to compensate me.
Another that had been passed to Cabot the Ombudsman still rejected despite evidence that they were :deadhorse:
Asked that the other HBOS ( Sainsbury) one go to the Ombudsman now almost two years for this now and the adjudicator for reasons only known them has now decided it needs to be with BOS as they were the " parent" bank

So there is still hope then DT? LOL......

I did mention about the Service manager a few weeks ago to them and said I may be asking for the details soon if i think they are required, as it seems they have or should I say the bank twisted everything around, and it does seem the fos are not treated the case like they should be, i would not call them impartial to be honest.

I have to confess back some years back the fos were more on to it then. I take it its also down to the stressful numbers of complaints they are receiving but still, we are individuals and each one of us deserves to be treated equally.

Its like going round in circles isnt it?

Hope yours is resolved soon DT.
Will check out your other thread tomorrow, not been on that one in a while.....

[dogtired]

Re: FOS Ombudsman Final Decisions

Yes Di, seems it depends on who you get firstly as adjudicator ( two so far that don't seem to have a clue about CCA or recent developments) and secondly who you get as Ombudsman,!

[Fred]

Re: FOS Ombudsman Final Decisions

Hi folks

Hope this is okay to post this one here, but feel free to move this otherwise if not appropriate here.

Out of interest - Is there anyone here or anyone you may know that have had a complaint NOT upheld by the Adjudicator - and once reviewed by the Ombudsman its been rejected again because they agree with the Adjudicators decision?

Have you known many Ombudsman overturn rejected Adjudicators decisions?

Checking on the FOS website, on final decisions made by the Ombudsman unless I missed something but most rejections made by the Adjudicators the Ombudsman mostly goes along with.

Yes I have one in with the Ombudsman, it was passed on a few months ago by the Adjudicator after my case being with the for almost 2 years, so am still awaiting a decision.

However, in my case the Adjudicator decided to agree with my case at first, then changed her mind when the business/bank was not having any of it, so then more or less not long after decided to go along with the bank and reject my case, with that its now with the Ombudsman.

I am not happy with the service myself and hubby received to be honest, and the Adjudicator that was dealing with our complaint left a few months ago, so its left in the hands of another Adjudicator (working alongside the Ombudsman) so this is again why its taking some time.

(My case was fast tracked months ago to the Ombudsman due to my ongoing health issues)

Had an Ombudsman uphold a decision on "fairness" use of terms & interest rate variation............in truth they can not rule it needs a "Court" ruling now as gone to far for clarity or this very grey issue.

The Ombudsman summed up by completely getting the fundamental interest statement wrong & refused to state it would make no difference in the decision...........so the decision posted is complete utter garbage & is a "real ruling" based on a false statement not endorsed in any way by the complainant........do they care ?

I do not think they can rule on these matters & should hand them to the FCA, their rulings in my view are making things even more confusing & also in my view contradict application of UTCCR.

They are professional, polite & offer end results but self regulating & inconsistent, a dangerous mix.

[di30]

Re: FOS Ombudsman Final Decisions

Received a provisional decision from ombudman, "upheld in part" okay better than not at all ,but this will not then go back all the way to 2001 or year 200o, but i do have a month to submit further info on anything missed, and yes a few points were forgetten about.

The one said about no proof of my gold account was upgraded the same time as loan, as the bank tried to say we upgraded to take on a pref loan at that time, but the account was actually upgraded 2 months prior to what they said, so I have the statements to prove it. (I think the adjudicator did not forward them on when we sent them) like i said not happy with the service.

Oh and now this Adjudicator is also leaving today infact, so now we will be dealing with another working alongside the Ombudsman.

The part uphold is on the Premier package account in 2007.

[dogtired]

Re: FOS Ombudsman Final Decisions

At last its something xxxx

[di30]

Re: FOS Ombudsman Final Decisions

2007 to 2009 DT, I have now been re-digging the paperwork out for the 2000.

It seems that the Ombudsman was not forwarded my info on the opening of my gold service account (as more or less confirmed on the provisional decision), so my first adjudicator failed to send this and other relevant info.

At least I can still forward this by the mid of June, but will be emailing to confirm after the bank holiday, as there is now yet another adjudicator lol....

[dogtired]

Re: FOS Ombudsman Final Decisions

You could not make it up could you

[di30]

Re: FOS Ombudsman Final Decisions

The Ombudsman agreed with the way the 2007 Premier packaged account on the shortcomings as we never saved anything and did not use any of the packages and the main of them were not useful for us, but lack of evidence provided by Lloyds on the previous accounts they have gone by what they think.

There is a part of the findings that states that the gold package account was possibly accepted because of the preferential rate loan in Jan 2001, but the bank upgraded us to Gold a month or 2 before the loan was taken out, so this is the statement that I will be sending to prove the Gold account was already in place before the pref loan was taken out, and its in black and white.

In regards of the platinum, they not once asked us for further info on that but have gone by the further info submitted by Lloyds, yet the ombudsman did also state that although Lloyds could not provide the actual rates at the time they have gone by the rates some time after that lloyds provided.

I can however submit this info, as the provisional decision letter does state that although upheld in part, this may change if I can submit further evidence (so more work to do) and more digging out for info lol....

[di30]

Re: FOS Ombudsman Final Decisions

.....So this is another question really lol......

With a provisional decision being uphold "in part" I wonder if anyone by submitting further info for the final decison later it went to upholding in full"?
I suppose its like going one way or the other again lol....

[dogtired]

Re: FOS Ombudsman Final Decisions

Nothing ventured Di.
Send it !
:tinysmile_hmm_t2:

[Mic]

Re: FOS Ombudsman Final Decisions

I had a recent case where the adjudicator initially saw my point, then decided that the other side could basically, do as they pleased.
I objected to the Adjudicators decision and the Ombudsman ruled against the company I had complained about, however she repeatedly stated she would only deal with a small part of my complaint.
I did ask higher level management at the FOS, who stated this left the door open for either another FOS appeal or legal action to be taken if wished, as the Ombudsman had set a president.

I was informed by the FOS that the adjudicators were there, not to apply the law, but to act as an alternative dispute resolution member. Given that companies keep better records than individuals and most large ones have the financial clout to face up to most anyone including the FOS and FCA, then the consumer stands little chance in having a fair assessment made by the FOS adjudicator.
However even if the adjudicator comes to a decision, anyone can make an appeal to the Ombudsman upon request, if they disagree. Even then, nothing is legally binding until you agree to the decision.

A partial or provisional decision in part, is a way the Ombudsman can leave the door open for you to both benefit from the restricted decision that has been made, whilst leaving the door open for further action.

[Fred]

Re: FOS Ombudsman Final Decisions

Wow !

The FOS finds Firsplus are/were wrong........................

http://www.ombudsman-decisions.org.u...x?FileID=69192

[nemesis45]

Re: FOS Ombudsman Final Decisions

Wow !

The FOS finds Firsplus are/were wrong........................

http://www.ombudsman-decisions.org.u...x?FileID=69192

I'll add my WOW to that!!

nem