Ombudsman Decision

[biondani]

I have finally got the final decision from the Ombudsman with regard to my complaint on Capital One. She has refused to award me damages above £150 for the damage to my credit rating from Capital One's invalid default. I am going to accept her decision with regard to the default being removed but would I need to take Capital One to court along the small claims track to claim back damages for their damage to my credit worthiness? What would my chances be in court and how should I go about proceeding with this?

I have attached a copy of the final decision letter but with case ref number edited out.

Ian

[bluebottle]

Re: Ombudsman Decision

Whoa! Be very, very sure before accepting an Ombudsman's decision. It is arbitration and, to the best of my knowledge and belief, you may forfeit your right to issue court proceedings against Capital One is you accept the Ombudsman's decision. I am going to bump this for other LB members to confirm.

:bump:

[leclerc]

Re: Ombudsman Decision

I don't think you do forfeit your right but I think a partial acceptance should be fine, ie accept the amount taken but if there are other issues that you disagree with then take it to court.

[alsagerman]

Re: Ombudsman Decision

Absolutely correct Blubottle. Accepting the Ombudsman's decision is final and you accept it as such. Bit of wanting your cake and eating it? Read the terms the FOS sent you with regard to their findings. You have the option to reject the award and pursue court action or accept and thats the end of the matter.

[biondani]

Re: Ombudsman Decision

Whoa! Be very, very sure before accepting an Ombudsman's decision. It is arbitration and, to the best of my knowledge and belief, you may forfeit your right to issue court proceedings against Capital One is you accept the Ombudsman's decision. I am going to bump this for other LB members to confirm.

:bump:

If that's the case then I will accept the decision. The money isn't so much an issue as getting this ruddy default removed. Will get the proper letter in the post in the next day or so as this was just an emailed copy that I requested so have a couple of days to ponder what to do.

Ian

[biondani]

Re: Ombudsman Decision

Absolutely correct Blubottle. Accepting the Ombudsman's decision is final and you accept it as such. Bit of wanting your cake and eating it? Read the terms the FOS sent you with regard to their findings. You have the option to reject the award and pursue court action or accept and thats the end of the matter.

In which case I will accept the decision. Thanks all.

Ian

[leclerc]

Re: Ombudsman Decision

http://www.financial-ombudsman.org.u...l_decision.pdf

Scrap what I have said and read the above

[alsagerman]

Re: Ombudsman Decision

Also just read the documents you attached. At the bottom it clearly states "Full and final settlement".

[leclerc]

Re: Ombudsman Decision

Also just read the documents you attached. At the bottom it clearly states "Full and final settlement".

That what I was saying, IGNORE MY ADVICE.


Thought I had better make myself even clearer

[biondani]

Re: Ombudsman Decision

Thanks everyone for confirming. I will accept the decision as is

Ian

[alsagerman]

Re: Ombudsman Decision

That what I was saying, IGNORE MY ADVICE.


Thought I had better make myself even clearer

I was reading whilst you were typing. And then I posted before reading what you'd typed. Crossed purposes and all that

[miliitant]

Re: Ombudsman Decision

May i ask what the isue was with the unlawful default

if capone have admitted it was put on your credit file in error, you could be looking at some serios compensation

[biondani]

Re: Ombudsman Decision

May i ask what the isue was with the unlawful default

if capone have admitted it was put on your credit file in error, you could be looking at some serios compensation

I wish they had admitted it but they have fought this for years before I took it to FOS. The issue was that a default notice never arrived and when I did eventually get a template copy it only gave 10 days to pay rather than the statutory 28 days. I had already had an agreement to pay with them anyhow and they logged a default after 21 days. They still feel they have done nothing wrong but Ombudsman has agreed with me after adjudicator originally found on behalf of capital one.

Ian

[teaboy2]

Re: Ombudsman Decision

You will likely get more compensation in court for libel then you will from the ombudsman, though you will need evidence the default effected your ability to get credit and therefore caused you a deteriment. The obmudsmans letters can be used as evidence to back up your claim for libel, even if you do not agree to the ombudsmans initial £150 compensation reward, which to be honest is pathetic considering the damage and the distress this default can and will have caused you.

[enquirer]

Re: Ombudsman Decision

It has been decided that CapitalOne acted improperly and compensation has been awarded. They fought it and lost. Realistically, to go any further would require that you demonstrably suffered serious loss.