Your Experience with the Financial Ombudsman Service

[Victoria27]

Re: Your Experience with the Financial Ombudsman Service

Thank you very much, my dear Di.
Thank you very much, Fred, for that information.

My communication with the FOS were only our telephone conversations. All my cases were resolved without the Ombudsman. However, on the telephone they were very supportive and helpful, showing their understanding and giving a good advise and information.
They called me few times to check on the progress of my case.
They filed on my behalf a complaint to Genworth, the underwriter.
I sorted it out eventually via the bank CEO, so it did not go to the Ombudsman investigation after all.
They indicated straight away that, looking at my case preliminary, they thought they were likely to uphold.
It was very reassuring and gave me extra confidence to keep going and fight my case.
When I read more and more about them not upholding, it sounds like two different organisations.
I know what a hard experience my friend Di had.
The way Di presents any case is the most clear and straight.
We all know it, enough just to look at Di's letters.
However Di's path with the FOS was very hard one, they kept changing their mind, kept changing a person in charge, 2 adjudicators. Di can describe all that herself.
Di had to write making the same points again and again, only then it was taken into consideration.
I thought, based on my telephone communication experience that the FOS was one of the best and fair organisation. That was my impression, based on our communication.

Seeing different posts I read, the picture is unclear and quite different.

Fred's points and observations are very interesting and useful to know.
Thank you again.

Vx

[Victoria27]

Re: Your Experience with the Financial Ombudsman Service

Di, your SAR template is very good.
I used it on 3 occasions.
Vx

[Carrera_Girl]

Re: Your Experience with the Financial Ombudsman Service

Carrera girl and, have you requested for a Subject Access Request (SAR) on your account from Barclays?
If you bank with them as well, you could send them a SAR letter request for all the info they hold on you, they have up to 40 calendar days to comply, and you enclose the oneoff payment of £10 cheque or postal order.

Sorry if you have and mentioned it and i missed it, but like Leclerc said there should be some detail on the PPI, let me know if you want the template (SAR) to do this.:tinysmile_twink_t2:

I hadnt sent a SAR but i did request for proof that i had asked for ppi - they did not respond! i just dont understand how the ombudsman can make a fair decision based upon a sample ... its really making me wonder if they are working fairly!

[leclerc]

Re: Your Experience with the Financial Ombudsman Service

I hadnt sent a SAR but i did request for proof that i had asked for ppi - they did not respond! i just dont understand how the ombudsman can make a fair decision based upon a sample ... its really making me wonder if they are working fairly!

They're basing it on the fact that it was an online application ie no face to face contact or even phone call which means that a sample of their application process at the point in which it was taken out would have been sufficient for the FOS to conclude that on the balance of probabilities that the box was unticked and that you knowingly ticked it(I am making a huge assumption at this point as to their decision making process). If the sample had the box ticked then that might be a different issue.....

[Victoria27]

Re: Your Experience with the Financial Ombudsman Service

Yes, Leclerc, I am sure your assumption is right. It makes a lot of sense.
That is most likely the way the FOS could come to that decision.
The question is, if there was any chance that box was pre-ticked, like in some cases which came to light not long ago. It took Loulou a while to get her case reconsidered and upheld, based on that fact. That is a strong point, if it was applicable.
If it was not pre-ticked and without face to face contact or phone communication it makes it more difficult.
What can be taken into consideration in that case, I think, are personal circumstances at the time of that application, such as some provable facts like PPI being useless, unlikely chance to make a successful claim, pre-existing medical conditions etc., then, a bit weaker grounds, like absolutely no need for PPI, other means to repay etc., young age, lack of any experience, first ever application online, language difficulties, such as English being a second language etc.

In might be even easier to resolve going back to the bank itself, may be their CEO and explain those personal circumstances, if they are applicable. They might reconsider.

Just some thoughts.

[Carrera_Girl]

Re: Your Experience with the Financial Ombudsman Service

How can i find out when the pre tick box changed!? i know that upon reading on the net in 2007 banks were advised to stop this pre ticked box on applications and barclays was one of them! it would explain why i do not remember this page! how can i find out if this sample was definitely on the application i applied on! ... its their word against mine!...i applied in sept 2006.

[Fred]

Re: Your Experience with the Financial Ombudsman Service

How can i find out when the pre tick box changed!? i know that upon reading on the net in 2007 banks were advised to stop this pre ticked box on applications and barclays was one of them! it would explain why i do not remember this page! how can i find out if this sample was definitely on the application i applied on! ... its their word against mine!...i applied in sept 2006.

Barclays will have a file back up system with your details on it box ticked or not as the case may be............................I recall a situation once with on-line completed forms being contested by the fact the policy was recommended by a counter assistant at the bank, there was a suggestion it may help with the application & handed over a leaflet with the cashiers initials & web application address, this was at the time considered adequate cause for mis-selling.

[Carrera_Girl]

Re: Your Experience with the Financial Ombudsman Service

the sample page that was sent in does not look familiar - and when i asked ombs why it is only a sample and not from my application i got a blurb about how not all details are kept on file! if that is the case how can my claim be upheld based upon a sample!? im finding it very hard to get my head round all of this... i didnt need this damn policy it was useless to me!

[L'pool64]

Re: Your Experience with the Financial Ombudsman Service

Hi Fred,

I appreciate that you took the time to answer my post and many thanks for your reply. Unfortunately, I do not completely understand your answer. Are you saying that the commercial relationship between companies is taken into account, or there is something further/additional that over rides this? Commercial arrangements are all documented "somewhere" in a companies archive. Are these documents not available for "viewing" by the FOS?

apologies, ...........dog with a bone....!!!!!!!!!

best regards,

:beagle:

[Fred]

Re: Your Experience with the Financial Ombudsman Service

Hi Fred,

I appreciate that you took the time to answer my post and many thanks for your reply. Unfortunately, I do not completely understand your answer. Are you saying that the commercial relationship between companies is taken into account, or there is something further/additional that over rides this? Commercial arrangements are all documented "somewhere" in a companies archive. Are these documents not available for "viewing" by the FOS?

apologies, ...........dog with a bone....!!!!!!!!!

best regards,

:beagle:

The FOS can & will if there is cause for concern ask any legitimate company for details regarding your/any particular case, its then up to the organisation to provide that data..............unfortunately they do not have to & I am sure they will do all to dodge outright responsibility.

The FOS having that many cases now they know who is hiding behind what & that is why I think they are the best way to go on the complicated or difficult to trace complaints..............if there is something there they will dig it out downside being it takes a long time.

I don't have any specific procedural info on what they know of course but the link below gives you an insight into basics, its FoI request for case handling training documents as follows :

https://www.whatdotheyknow.com/reque...ncoming-546552

I apologise that one is not much help really & there are that many variants it would be foolish to recommend anything specific.

[Victoria27]

Re: Your Experience with the Financial Ombudsman Service

L'pool, I love dogs with a bone here, on LB. The more dogs with a bone, the more chances for our cases to be investigated properly and fairly and to be resolved.
We both know that only our determination made it possible for us.
Of course ongoing support of our members here is what gives us strength to keep going, in spite of all setbacks and disappointments.
Thank you, everyone on LB!

Carrera, if you can show that the policy was useless to you, meaning, it would not have worked for you and, for example, you could not have made a successful claim, that is a valid argument.
Another idea may be to contact Which Legal. They might also have some suggestions and information about a possibility of pre-ticked box at that time.

[Carrera_Girl]

Re: Your Experience with the Financial Ombudsman Service

do i have to pay for their advice??

[Victoria27]

Re: Your Experience with the Financial Ombudsman Service

If you are talking about Which Legal, yes.
It is one off payment for one year of unlimited consultations, including phone consultations as well as written advice in many different fields.
It was just a thought. It may be difficult for you as it is not free.
For your information:
http://www.which.co.uk/about-which/w...legal-service/

[Fred]

Re: Your Experience with the Financial Ombudsman Service

Hi Fred,

I appreciate that you took the time to answer my post and many thanks for your reply. Unfortunately, I do not completely understand your answer. Are you saying that the commercial relationship between companies is taken into account, or there is something further/additional that over rides this? Commercial arrangements are all documented "somewhere" in a companies archive. Are these documents not available for "viewing" by the FOS?

apologies, ...........dog with a bone....!!!!!!!!!

best regards,

:beagle:

Apologise if you have tried already but you could use this search for specific companies & the rulings........sometimes they give away some very good findings:
http://www.ombudsman-decisions.org.uk/Default.aspx

[di30]

Re: Your Experience with the Financial Ombudsman Service

Thank you very much, my dear Di.
Thank you very much, Fred, for that information.

My communication with the FOS were only our telephone conversations. All my cases were resolved without the Ombudsman. However, on the telephone they were very supportive and helpful, showing their understanding and giving a good advise and information.
They called me few times to check on the progress of my case.
They filed on my behalf a complaint to Genworth, the underwriter.
I sorted it out eventually via the bank CEO, so it did not go to the Ombudsman investigation after all.
They indicated straight away that, looking at my case preliminary, they thought they were likely to uphold.
It was very reassuring and gave me extra confidence to keep going and fight my case.
When I read more and more about them not upholding, it sounds like two different organisations.
I know what a hard experience my friend Di had.
The way Di presents any case is the most clear and straight.
We all know it, enough just to look at Di's letters.
However Di's path with the FOS was very hard one, they kept changing their mind, kept changing a person in charge, 2 adjudicators. Di can describe all that herself.
Di had to write making the same points again and again, only then it was taken into consideration.
I thought, based on my telephone communication experience that the FOS was one of the best and fair organisation. That was my impression, based on our communication.

Seeing different posts I read, the picture is unclear and quite different.

Fred's points and observations are very interesting and useful to know.
Thank you again.

Vx

Thanks you Victoria sweetie x

It was 3 adjudicators in total before it went to the ombudsman, and yes it was no, yes and no then finally partly upheld by the ombudsman, what I sent in what I assumed would back my case was used against my case.
And the fact of repeating myself as well, and suffering a serious chronic health condition stress didnt help it, as this was something the FOS were fully aware of.

I can of course post up the template SAR letter if needed.:tinysmile_twink_t2: x x