CCA and the FOS

[Delta]

I sent the following email to the FOS asking for advise as you can see..

From:
Sent: 05 September 2007 12:48
To: External Enquiries
Subject: Some Information please




Hello

I am currently in dispute with Capital One Bank over a credit card. I wrote to them a few months ago asking that all communication be in writing, this they have chosen to ignore, despite a manager telling me that they would stop phoning me and that my phone number was being removed from the system.

I also wrote to them requesting a copy of my credit agreement with them (CCA request), this they signed for on 3 July this year. So far I have not received this from them, and the account is made up mostly of charges applied. Since they received the request, I have received more phone calls, statements for the account (requesting payment and adding more charges and interest), and letters requesting payment.

I would like to know what I do now with regard to this matter, they have acknowledged that the account is in dispute (albeit verbally), and I am currently claiming reimbursement of charges applied to the account.

Any help or advice that you can offer will be most appreciated as I believe that they are now committing a criminal offence in that they have had 14 days, plus a calendar month and still no sign of my CCA request.

I look forward to hearing from you.

Notice the date....5th September!

I have just received this (and I mean just this minute)

Dear

Thank you for your email. Our website provides our complaint form, which needs to be printed off, completed and then despatched to us by post.

We cannot investigate a complaint until the firm has had an opportunity to put things right. The procedure is explained fully on our website http://www.financial-ombudsman.org.uk/

Unless you have already done so, you should therefore complain to the firm and inform it of your contact with this office. You can do this in two ways.

(a) You can contact the firm yourself, when you should ask that your complaint be put through the firm’s internal complaints procedure and resolved or a final decision letter issued. The firm is expected to complete this procedure within 8 weeks of the date the complaint was first lodged.

(b) We can send details of your complaint to the firm, on your behalf, if you submit a complaint form to us. (Alternatively, you can provide us with the necessary details by speaking to a member of our staff, on the telephone number shown below).

If you want information (or the form) by post, you will need to confirm your postal address.

I should add that we need a form endorsed with your original signature when a final decision letter is submitted to this office, or if you wish to report that the firm’s time limit has been exceeded.

We cannot comment on the merits of your complaint at this stage, we are not an advisory body.

Please quote the following reference at all times: xxxxxxx

Please note our postal address and enquiries telephone number:
The Financial Ombudsman Service
South Quay Plaza
183 Marsh Wall
London
E14 9SR
Tel 0845 080 1800

Yours sincerely

John Wyatt

Its only taken them 3 flamin weeks to get back to me, the email from TS sent just after this one told me to write to Cap One and give them another 7 days.

I wouldn't mind but Cap One are now over 2 months after the 12+2 days allowed.

What is the point?

[biscuits]

Re: CCA and the FOS

well what are you waiting for?
Print off the aforementioned form!!! lmao!!

[iancognito]

Re: CCA and the FOS

The key here (and any other 'regulator') is the deadlock letter or final decision letter, none of them will act without it and the companies try to worm out of sending them because they know complaints won't be accepted with out one.

A letter that states it is their final decision, or advises you to contact the FSA if you are not satisfied is enough.

Timescales are the same, I waited 13 weeks for the ICO to respond to a complaint for me, by the time they'd done it, the matter was done and dusted.

What we really need is a regulator for the regulators.