Ombudsman Decision

[QCKate]

Re: Ombudsman Decision

You CAN still take court action if you accept the Ombudsmans decision BUT the fact you accepted the award will not help you and the court might feel you are trying to have it both ways. If I felt I had a very strong case then I would reject the FSO award. Rejecting an award IN YOUR FAVOUR might well HELP your court claim and might persuade Capital One to offer a higher settlement.

Worth thinking about??

QCK

[jax50]

Re: Ombudsman Decision

Guess it depends on what evidence you could put together to formulate a winnable claim in Court...you wouldn't want to lose a case like that.

can I just ask how long it took the FOS to deal with your complaint, as I have one 'awaiting allocation to an adjudicator'....zzzzzzzzz

[miliitant]

Re: Ombudsman Decision

what you have to remember also that any recommendations from official bodies such as the FOS,OFT, ACAS,
even though they are advisory, or codes of practice, will be treated as statutory in a court of law

[biondani]

Re: Ombudsman Decision

Guess it depends on what evidence you could put together to formulate a winnable claim in Court...you wouldn't want to lose a case like that.

can I just ask how long it took the FOS to deal with your complaint, as I have one 'awaiting allocation to an adjudicator'....zzzzzzzzz

Around a year for adjudicator and then another year for ombudsman decision.

Ian

[QCKate]

Re: Ombudsman Decision

what you have to remember also that any recommendations from official bodies such as the FOS,OFT, ACAS,
even though they are advisory, or codes of practice, will be treated as statutory in a court of law

Ive just looked at the Ombudsmans letter again. Youve got until 21 December to accept and could do it by email that day if you wanted to. You could issue a court claim NOW via stating the FOS has upheld your complaint. Crapita One would have to decide on there defence before 21 Dec.

Also worth thinking about???!!

QCK

[miliitant]

Re: Ombudsman Decision

if you issue a court claim, remember pre action protocol, dont go straight into an N1 claim

[Celestine]

Re: Ombudsman Decision

The Ombudsman is unable to consider consequential losses or DPA s.13 type damages. It just goes too far beyond their remit and capabilities.

Accept the offer, get the default removed and if you want to then pursue consequential losses and other damages you can pursue this to Court.

[miliitant]

Re: Ombudsman Decision

iif this was me , the most important thing would be the default removel, get that done first

[jax50]

Re: Ombudsman Decision

As an aside, while an issue is with the FOS, does the account remain in 'dispute'...?

[miliitant]

Re: Ombudsman Decision

the account can no longer be in dispute as such, you have complained to the ombudsman who has made a decision, it is up to you now if you want to take it further (court) or accept the ombudsman recommendations.

if it goes to court you can be sure capone will bring up the ombudsmans decision to try and discredit you

the only advice i can give realy is that if you refuse the final response and go to court

have an iron clad particulars of claim

[biondani]

Re: Ombudsman Decision

As an aside, while an issue is with the FOS, does the account remain in 'dispute'...?

Default is satisfied so not in dispute. I paid it on the day I said I would pay it. Never been an argument over that. It was only later on I found out the default had been registered.

I think I will just accept the FOS decision and leave it there. Cap One have caused enough grey hairs as it is and a court case will only give me more to worry about lol

Ian

[miliitant]

Re: Ombudsman Decision

wise move, like i said, the default removel was the number one priority which you have attained

[jax50]

Re: Ombudsman Decision

Sorry, I sort of hijacked this a bit...I meant a complaint that has been referred to the FOS which is awaiting a decision..ie not been allocated to an adjudicator even, so still current...does that situation mean the account complained about is officially in 'dispute' ?

[biondani]

Re: Ombudsman Decision

Capital One still haven't removed this default despite a lot of chasing by myself and also Experian. Their latest excuse is that it takes the CRAs up to 6 weeks to remove the default after being asked to do so, when I queried this with Experian they say it takes them 24 hours but they still haven't received a request to do it.

Capital One also tell me they didn't remove this in december by mistake. The FOS just keep saying give Capital One more time but I have now had enough. How do I go about enforcing this decision through the courts as enough is enough.

Ian