FOS Ombudsman Final Decisions

[Fred]

Re: FOS Ombudsman Final Decisions

I have not seen any positives from the FOS as yet. Just seems to be another bureaucratic entity.

I have to write, only in my own opinion of course that, the FOS, do, generally, a very good job. They fall down dramatically (for me that is) on issues where they can not adjudicate, that is, giving the decision to the defendants by default. This process whilst efficient, does, actually provide assurance for the wrong reasons, in that, the result is predictable & the issue remains. It does not help when they recommend the complainant takes legal advice especially when, they, the FOS, suggest it is beyond their capabilities.

For me this organisation needs to refuse to adjudicate on some types of complaints, that would further satisfy me they, are, indeed, impartial.

[Spellkaster]

Re: FOS Ombudsman Final Decisions

I too went to the FOS.

I complained that my bank, Halifax, was lending me money like water and had put me in a lot of debt.

I showed them the bank's lending criteria at the time and went through various breaches the bank had broken via the Lending Code.

The FOS ignored the complaints regarding the above, and sided with my bank even though I am nearly £10K in debt.

As far as I am concerned, and have been told, the FOS were made up of ex bankers, who will always side with banks.

I have never heard of a decision go in the consumer's favour, and I wouldn't use them again.

[Fred]

Re: FOS Ombudsman Final Decisions

I too went to the FOS.

I complained that my bank, Halifax, was lending me money like water and had put me in a lot of debt.

I showed them the bank's lending criteria at the time and went through various breaches the bank had broken via the Lending Code.

The FOS ignored the complaints regarding the above, and sided with my bank even though I am nearly £10K in debt.

As far as I am concerned, and have been told, the FOS were made up of ex bankers, who will always side with banks.

I have never heard of a decision go in the consumer's favour, and I wouldn't use them again.

This "is" a view I have come across so many times, these people are set up for us (as consumers) & as such (again in my opinion) need to be used no matter what or, however many times. They "are" a statistics controlled organisation.

I, just want them to do their job, it can not happen if we do not complain.

[Ruby]

Re: FOS Ombudsman Final Decisions

If the company involved tell the FOS that the sky is purple with green spots the FOS will agree with them

[Bazza]

Re: FOS Ombudsman Final Decisions

If the company involved tell the FOS that the sky is purple with green spots the FOS will agree with them

I have reviewed my current and old complaints and it transpires that I have been more successful directly with banks than with FOS involvement

[Fred]

Re: FOS Ombudsman Final Decisions

I have reviewed my current and old complaints and it transpires that I have been more successful directly with banks than with FOS involvement

Very understandable...............play the FOS at their own game then & shame the inevitable.

[Bazza]

Re: FOS Ombudsman Final Decisions

Very understandable...............play the FOS at their own game then & shame the inevitable.

I found the adjudicating appalling and in one case I had 7 different in total and the final one eventually submitted findings, totally ignoring all previous evidence provided a year earlier and rejected my claim.

The explanation provided had so many errors and incorrect statements it was embarrassing. I contested it on that basis and guess what she had left the company and I had two weeks to pass to the Ombudsman. 10 months later it is still awaiting an appointed Ombudsman.

I had only recently received an up-date from a manager advising this, as I thought it was already being dealt with. But still no response to my questions regarding non response to my questions re adjudicators decision.

Is there anything I can do as I am being continuously fobbed off but then again don't want to upset the applecart.

[Ruby]

Re: FOS Ombudsman Final Decisions

Is there anything I can do as I am being continuously fobbed off but then again don't want to upset the applecart -

What do you have to lose? Sometimes throwing your toys out the cot is the only way numties sit up and listen .......

[charitynjw]

Re: FOS Ombudsman Final Decisions

I found the adjudicating appalling and in one case I had 7 different in total and the final one eventually submitted findings, totally ignoring all previous evidence provided a year earlier and rejected my claim.

The explanation provided had so many errors and incorrect statements it was embarrassing. I contested it on that basis and guess what she had left the company and I had two weeks to pass to the Ombudsman. 10 months later it is still awaiting an appointed Ombudsman.

I had only recently received an up-date from a manager advising this, as I thought it was already being dealt with. But still no response to my questions regarding non response to my questions re adjudicators decision.

Is there anything I can do as I am being continuously fobbed off but then again don't want to upset the applecart.

Involve your MP?

[Bazza]

Re: FOS Ombudsman Final Decisions

Involve your MP?

I just find them so frustrating to deal with......and very eager to wrap things up when the going gets tough.

When I was a novice at claiming, I had an original complaint rejected by an adjudicator (another one where there were 3 different persons dealing with it), completely ignoring mis-sale reasons and the ombudsman literally responding word for word what the adjudicator stated :tinysmile_cry_t:

Again they did not even acknowledge or address my reasons, had own company insurance etc at time but they basically said I signed for it and that was that ! Yes I probably would had of thought my corner more if I had known what I know now but looking back it still angers me.

I am thinking of raising a new complaint as they were never previously addressed by the Credit Card company or FOS.

[EXC]

Re: FOS Ombudsman Final Decisions

Just when we thought we'd reached the finish line with the Ombudsman's provisional decision in our favour, Capital One have tried thowing a spanner in the works.

Dear Mr W

Thank you for letting me know you accept the ombudsman’s provisional decision dated 10 February 2016.

We have received a response from Capital One to the second provisional decision. It says “Had we known the administration fee was paid on another credit card we would have contacted the other provider to seek their engagement which would potentially have resulted in a much speedier outcome for the customer. The Ombudsman accepts that this one administration fee created a contract for all claims and the amounts paid on Capital One are priority fees', this means that the amounts paid on Capital One are not new contracts but in fact consequential losses for the contract created on the other credit card where the administration fee has been paid. As no contract was created with Capital One and we were merely used a payment provider for additional fee. we have no liability under Section 75 of the (Consumer Credit Act) to refund these monies”.

The ombudsman would welcome your comments on this before he seeks to conclude the matter. I’d be grateful if you could pass this on to Mr S for his comments on this.

The ombudsman would also like to know whether you’ve made a complaint against Santander regarding the administration fee, and if so, how is this progressing?

I’d be grateful if you could get back to me by 11 April 2016.

If you have any questions, please feel free to contact me.

Yours sincerely


Dilmi Loku
adjudicator | Financial Ombudsman Service Exchange

Fingers crossed the attached response deals with it.

[Fred]

Re: FOS Ombudsman Final Decisions

“Scrutiny and transparency always improves decision-making. The right to appeal to a separate and fresh set of eyes is the cornerstone of judicial and quasi-judicial systems.” says APFA, according to an article in FT Adviser
APFA is the Association of Professional Financial Advisers. They believe there needs to be a change at FOS with the separation of the appeals process to an independent body.
APFA have called for changes in this area for some time. The current arrangement has no appeal against an Ombudsman’s decision (“the ombudsman’s decision is final !”) and a (so called) appeal against an adjudicator’s decision is just referred to an ombudsman who might be in the same working group or team.
An idea of what an “appeal ” to an ombudsman means in practice can be gauged from this statement from the FOS 2014-15 annual review.
“Because of the way ombudsmen share knowledge with adjudicators – and because our approach is well-established in most areas – it’s unusual for an ombudsman to reach different conclusions to the adjudicator who initially looked at a complaint. In 92% of final decisions this year, the ombudsman didn’t recommend anything different to the adjudicator.”
Read the article in FT Adviser

[EXC]

Re: FOS Ombudsman Final Decisions

Just when we thought we'd reached the finish line with the Ombudsman's provisional decision in our favour, Capital One have tried thowing a spanner in the works.
Fingers crossed the attached response deals with it.

WON!

Final decision in our favour. The last 3 pages deal with Capital One's argument that the first Santander payment created the contract and my argument it didn't.

[Fred]

Re: FOS Ombudsman Final Decisions

Log onto http://GLASSDOOR.CO.UK
Click Companies on the top menu
Type in Financial Ombudsman Service in full and click the search icon
Click on Reviews



For any of you interested there are on here some quite interesting reviews from staff at the service. Happy reading............let us know what you think.

[Bazza]

Re: FOS Ombudsman Final Decisions

Log onto http://GLASSDOOR.CO.UK
Click Companies on the top menu
Type in Financial Ombudsman Service in full and click the search icon
Click on Reviews



For any of you interested there are on here some quite interesting reviews from staff at the service. Happy reading............let us know what you think.

Just seen your post Fred.

Do you need to sign up in order to read all reviews ?

Cheers

Bazza