Had reply from the Ombudsman dont know if to laugh or cry!!!

[mgfboy]

Re: Had reply from the Ombudsman dont know if to laugh or cry!!!

Hmm now that is quite possible.

So have you decided on what your going to do?

I've emailed them to continue the complaint, I didn't realise I was dealing with a team manager and it now has to be reviewed by a senior manager before I can send it to the independent assessor!!!

I thanked them for their £100 but told them it made not difference to the position. I really want to drill down to find out their level of understanding and to see how far they can ignore the cca 1974 etc.

Fos do seem to be a law unto themselves and I've never heard of them paying a client for poor service themselves, I think they know they have cocked up and they are not used to people holding them to account.

This should be the start of a interesting journey

[Never-In-Doubt]

Re: Had reply from the Ombudsman dont know if to laugh or cry!!!

They should be sending it to a case review officer, then you can appeal to the ombudsman then finally you can utilise the Independant Assessor - so have you already had the actual ombudsman ruling? Have you have the case review officer look into the original assessment?

[Never-In-Doubt]

Re: Had reply from the Ombudsman dont know if to laugh or cry!!!

I really want to drill down to find out their level of understanding and to see how far they can ignore the cca 1974 etc.

They don't need to comply with it, they are the adjudication service for those that DO comply with the legislation mate so depends what you're asking, depends on what they will and can do/say...

Not trying to be off-putting with this but I am curious as to why you feel the FOS need to adhere to CCA1974? They don't per se, however they need to decide whether the lender/dca has complied and if they have not YOU need to supply the proof to the Ombudsman service.

I presume you have seen Niddy v HSBC and note the FOS sided with HSBC there as well, even though I have proof that the banking code suggests 30 days notice; yet they only gave me 16 days - the FOS said the bank did no wrong (yet the FOS also quoted the Banking Code 30 day stipulation) - see the huge conflict and inaccuracy? That is what I am fighting against...... basically what the adjudicator says, is basically bollocks. So I have refused them the right to take it further whilst I appeal the adjudicators decision as nonsense - if they stand by the adjudicator I will consider going legal BEFORE passing the file to the ombudsman as the ombudsman ruling is final and any appeal afterwards (even court) may be rejected as a result....

Just saying, cover all angles

[mgfboy]

Re: Had reply from the Ombudsman dont know if to laugh or cry!!!

They should be sending it to a case review officer, then you can appeal to the ombudsman then finally you can utilise the Independent Assessor - so have you already had the actual ombudsman ruling? Have you have the case review officer look into the original assessment?

Hi Niddy

I have had the final reply from the Ombudsman, but I must admit I didn't know that you could have the case reviewed before it went to the ombudsman , I was never given that as a option.

It appears that no one can overrule the ombudsman's decision , not even the Independent Assessor can do that, but I'm arguing that the process that lead to the decision was flawed.

We shall see what happens , but as I said earlier they seemed worried , but you can't buy me of for £100

[Never-In-Doubt]

Re: Had reply from the Ombudsman dont know if to laugh or cry!!!

It appears that no one can overrule the ombudsman's decision , not even the Independent Assessor can do that

Oh she can you know! The IA is the last port of call when you're not happy at the Ombudsman ---> the independent assessor

---> Link2 ---> The Independent Assessor

Note the red parts below...

If you want to complain about the service provided by the Financial Ombudsman Service you need to complain to the Ombudsman Service before you can contact me and it needs to have time to reply at a senior level. Service covers the practical handling of a case, such as administration and following the correct process.

Send your complaint to the team manager, quoting the reference in the top left hand corner of Financial Ombudsman Service letters. If you are not satisfied by the team manager’s reply, write to the Head of Casework, using the same reference number.
The Ombudsman Service says that it should resolve service complaints within 20 working days. You need to allow time for the Ombudsman Service to respond to your complaint and tell you that it has completed its own internal procedures.

You have 3 months from the date of the Ombudsman Service’s final email or letter to ask me to look into your complaint.

[mgfboy]

Re: Had reply from the Ombudsman dont know if to laugh or cry!!!

They don't need to comply with it, they are the adjudication service for those that DO comply with the legislation mate so depends what you're asking, depends on what they will and can do/say...

Not trying to be off-putting with this but I am curious as to why you feel the FOS need to adhere to CCA1974? They don't per se, however they need to decide whether the lender/dca has complied and if they have not YOU need to supply the proof to the Ombudsman service.

I presume you have seen Niddy v HSBC and note the FOS sided with HSBC there as well, even though I have proof that the banking code suggests 30 days notice; yet they only gave me 16 days - the FOS said the bank did no wrong (yet the FOS also quoted the Banking Code 30 day stipulation) - see the huge conflict and inaccuracy? That is what I am fighting against...... basically what the adjudicator says, is basically bollocks. So I have refused them the right to take it further whilst I appeal the adjudicators decision as nonsense - if they stand by the adjudicator I will consider going legal BEFORE passing the file to the ombudsman as the ombudsman ruling is final and any appeal afterwards (even court) may be rejected as a result....

Just saying, cover all angles

Mate I've read you thread with interest and they had truly shafted you. As for the cca1974 , I did mean the banks and not FOS, the point as in your case is they ignore documented proof that the banks have ignored cca1974 and the banking code.

Also I'm just want to see them sweat a little. I want to see what they say when I prove that they have said things that are factually incorrect and see why they think the ombudsman decision should hold when that is the case.

[mgfboy]

Re: Had reply from the Ombudsman dont know if to laugh or cry!!!

Niddy this was the point I was making about the independent assessor ( from the website)

I can’t . . .

I cannot look into the merits of a complaint and that means the Adjudicator or Ombudsman’s use of judgement in weighing evidence and in reaching a decision.

• If you do not agree with an Ombudsman’s decision and you are the person who made the complaint you do not need to accept it. That means that you are free to take other routes to resolve your grievance. You might wish to take advice on what might be possible.

[Never-In-Doubt]

Re: Had reply from the Ombudsman dont know if to laugh or cry!!!

Niddy this was the point I was making about the independent assessor ( from the website)

I can’t . . .

I cannot look into the merits of a complaint and that means the Adjudicator or Ombudsman’s use of judgement in weighing evidence and in reaching a decision.

• If you do not agree with an Ombudsman’s decision and you are the person who made the complaint you do not need to accept it. That means that you are free to take other routes to resolve your grievance. You might wish to take advice on what might be possible.

Ahh sorry no, the IA can look at the ombudsman as a whole and if you have a complaint about them, that said if the ombudsman has ignored relevant information pertinent to the complaint (i.e. CCA1974 related for example) then you can complain about this to the IA as the Ombudsman did not follow process. If you just disagree with the decision, then no, you cannot utilise the IA.

Similarly, if you feel the FOS skipped process by omitting an adjudicator review or whatever, then you can request the IA revoke the decision and re-assess the whole complaint based on the FOS being in default of their own standards.

Hope this makes sense....?

[mgfboy]

Re: Had reply from the Ombudsman dont know if to laugh or cry!!!

I just had to email them about my compliant and looks like they had forgotten to process it, they are little luv's , between FOS and HMRC at the moment I'm starting to get a little stressed

[di30]

Re: Had reply from the Ombudsman dont know if to laugh or cry!!!

I just had to email them about my compliant and looks like they had forgotten to process it, they are little luv's , between FOS and HMRC at the moment I'm starting to get a little stressed

I bet you are!

[di30]

Re: Had reply from the Ombudsman dont know if to laugh or cry!!!

mgfboy

Have you thought about contacting your local MP to write to them for you as well?

I would be requesting further compo for the inconvenience they have caused as well, and for the distress, surely it's your entitlement after all the messing around, from pillar to post.

[mgfboy]

Re: Had reply from the Ombudsman dont know if to laugh or cry!!!

mgfboy

Have you thought about contacting your local MP to write to them for you as well?

I would be requesting further compo for the inconvenience they have caused as well, and for the distress, surely it's your entitlement after all the messing around, from pillar to post.

Di

The local MP is about as much use as a Chocolate tea pot as for further compo I will wait and see what they have to say. I picked up a very interesting point from Niddy and I should be able to ge them to review the whole thing again!!!

[di30]

Re: Had reply from the Ombudsman dont know if to laugh or cry!!!

Di

The local MP is about as much use as a Chocolate tea pot as for further compo I will wait and see what they have to say. I picked up a very interesting point from Niddy and I should be able to ge them to review the whole thing again!!!

Hi

Sorry to hear you've not got a very helpful MP.

I'm sure with the points raised by Niddy will be a big help, and yes so they should review all over again too!

[mgfboy]

Re: Had reply from the Ombudsman dont know if to laugh or cry!!!

I just had a manager on from FOS ( again in a friendly way trying to put me off escalating my compliant) and I think I need to Clarify something that NIddy said.

Niddy indicated that I should have been offered a review by another adjudicator as I wasn't happy before it went to the Ombudsman for their final decision. When I mentioned this to the manager he told me I was wrong and that wasn't part of their process.

So which is right ( my money is on Niddy) or have I lost it and my mind has made the whole thing up

[di30]

Re: Had reply from the Ombudsman dont know if to laugh or cry!!!

I just had a manager on from FOS ( again in a friendly way trying to put me off escalating my compliant) and I think I need to Clarify something that NIddy said.

Niddy indicated that I should have been offered a review by another adjudicator as I wasn't happy before it went to the Ombudsman for their final decision. When I mentioned this to the manager he told me I was wrong and that wasn't part of their process.

So which is right ( my money is on Niddy) or have I lost it and my mind has made the whole thing up

I thought you could have it reviewed as well by another as well, if you were not happy with the way the previous one dealt with your complaint.

Isn't there a write up on the FOS site somewhere, assessor section?