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

[di30]

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

HI

The case has been with FOS for 18months and I had the final response from the Ombudsman which agreed with HSBC and I now want to put a formal complaint in to FOS and Niddy was going to help me.

So the date is when I either have to accept or reject the Ombudsman position.

As for the holiday it was nice to get a break, but you know what it's like I still had all this buzzing around in my head.

Hiya

Arh right, I am in the same position as you and have just actually sent a letter of submission to also forward on to the ombudsman to review.

Glad you had a nice holiday, it's nice to have a break and yeah I know what you mean lol. xx

[mgfboy]

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

Hi

I dont think Im in quite the same position as you, I've had the final response from the Ombudsman and that what I need to fight.

[Never-In-Doubt]

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

Hi

I dont think Im in quite the same position as you, I've had the final response from the Ombudsman and that what I need to fight.

Ok, so all you need to do is to start by briefly outlining your complaint and go into detail about why the fos is wrong, in your opinion.

I'll then come and add to it, as will others, no doubt....

The thing you need to look for is inconsistencies with other similar complaints, as I say if you start it going then we'll come and add bits to it for you.....

However in the meantime, if you reject their offer then write in asap and confirm as such and explain you'll respond in due course - it may be best to call first and check regards to timescales, as regardless f length of time they have had the complaint, you need to act within set guidelines - so don't delay!

[mgfboy]

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

I've already sent them a holding email stating I was on holiday and that I need more time to respond.

As for the actual response letter shall I send it to you directly or post it on here also would you like to see the final response from FOS???

Thanks

[Never-In-Doubt]

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

I've already sent them a holding email stating I was on holiday and that I need more time to respond.

As for the actual response letter shall I send it to you directly or post it on here also would you like to see the final response from FOS???

Thanks

can you please email the final response first - and then i'll come back to you... agreements@all-about-debt.co.uk

Cheers mate

[mgfboy]

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

We they don't hang around they have already reponded to my email see below. They are little luvs


I refer to your e-mail requesting an extension to the 19 August 2011 response date to the ombudsman Final Decision. I have been asked to clarify the position for you, because the ombudsman does not respond further on a complaint after issuing a Final Decision.

When a Final Decision is issued that is the final stage in our complaint process. An extension to the response date would first have to be agreed by the other party to the complaint, and this would only be applicable where the Final Decision included a new offer which could be argued as requiring time for consideration. Unfortunately in this case as you know there is no offer and as such there do not seem any grounds to ask the bank to agree to an extension.

All that is asked of you after a Final Decision is to say whether or not you accept or reject it, there is no provision for further investigation or response from our service after an ombudsman Final Decision.

Therefore, although I do acknowledge the long time that the complaint has been running, our service is unable to extend the date for your response. If it helps I can confirm that if we do not have your response by 19 August 2011 it will automatically be assumed that you reject the Final Decision and the bank will be advised accordingly. That will mean that neither you nor the bank are bound by the decision.

You will then need to deal directly with the bank going forward.

However I should add that after a rejected decision all options to pursue your complaint issues, that may have been available to you before you brought the complaint to our service, remain available to you.

I hope this explains the position.

Yours sincerely
Peter Moutell
Adjudicator

[Never-In-Doubt]

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

Hmmm,

So if you don't agree with the FOS the fact you can then complain about the FOS to their own independent assessor doesn't exist anymore, no?

I think it does! ---> The Independent Assessor

Basically, if you are not happy at the FOS then you complain to the adjudicator, then you get an actual ombudsman to check it then if you're still not happy, you speak to the independent assessor. The process is there, they should know this more than anyone!

See here: ---> our service standards

[mgfboy]

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

Well I've banged him off a reply saying one of the things I may be doing is formally complaning against FOS and I did point out that sometime it's taken months for HSBC to reply. He is a knob that seems hold me to higher standards than HSBC!!!!

He hasn't replies in 5 mins this time

[Never-In-Doubt]

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

Well I've banged him off a reply saying one of the things I may be doing is formally complaning against FOS and I did point out that sometime it's taken months for HSBC to reply. He is a knob that seems hold me to higher standards than HSBC!!!!

He hasn't replies in 5 mins this time

Unless the FOS have caused a breach or direct harm (financially) to you then you'll have no recourse for complaint. Unfortunately, the FOS are independent meaning they kinda report under the OFT but not. So I guess the OFT would be a good place to fire off an email and see what they say...?

However you MUST start following process now or you'll never get closure/resolution.

[mgfboy]

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

Fair enough, all my email was trying to was to get a extention and I wont do anything else until you review the letter I sent you and I'm sure you will have loads of questions!!!

[Never-In-Doubt]

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

Fair enough, all my email was trying to was to get a extention and I wont do anything else until you review the letter I sent you and I'm sure you will have loads of questions!!!

did you email it me? I'll try and read it soon.....

[mgfboy]

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

Here is the latest reply from my adjudicator.

I wont both replying at this time as I will only become rude!!!

I am afraid I don't see the problem for you if a rejection is logged, because it seems clear to me that you disagree with the decision, and indeed I would have been very surprised had you simply just accepted the decision.

Neither an acceptance or rejection would prevent you from raising a service review complaint against us, as is your right, but again for the sake of clarity I feel I should explain that such a service review would not actually re-open the complaint to further investigation of its merits after an ombudsman final decision.

Again I hope this helps to explain the position for you.

[Never-In-Doubt]

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

Here is the latest reply from my adjudicator.

I wont both replying at this time as I will only become rude!!!

I am afraid I don't see the problem for you if a rejection is logged, because it seems clear to me that you disagree with the decision, and indeed I would have been very surprised had you simply just accepted the decision.

Neither an acceptance or rejection would prevent you from raising a service review complaint against us, as is your right, but again for the sake of clarity I feel I should explain that such a service review would not actually re-open the complaint to further investigation of its merits after an ombudsman final decision.

Again I hope this helps to explain the position for you.

Can I write back to this clown for you? See below.....

Dear Idiot,

I write with reference to your most recent email, with some trepidation and confusion as you're not making much sense, let alone following your own guidelines.

Regards to the points in your most recent email, can I query your logic behind the statement "I am afraid I don't see the problem for you if a rejection is logged, because it seems clear to me that you disagree with the decision, and indeed I would have been very surprised had you simply just accepted the decision."; now what confuses me here is if you knew I would reject the decision then you must also have known I was unhappy at the way I was treated therefore why did you reject me in favour of the bank? If the Ombudsman role is to remain impartial, why would you deliberately try and upset people, unless of course the bank in question happens to pay you quite generously in mediation fees? No implication other than an observation is of course what I mean by this point. It just doesn't add up I'm afraid.

Onto your second point, I was under the impression that you were an adjudicator and if I was unhappy with your decision I had a right to then formally take it to one of the actual Ombudsman before finally seeking my right to utilise the Independent Assessor; is this not the case then and what you say goes? That is most certainly what you are implying to me, so clarity on this matter would be wonderful.

I am not happy at the outcome, I feel you've deliberately dragged things on to an unnecessary timeframe all the while backing the institution without a single thought for the actual complaint or the actual level of service by the bank. I then find out you're trying to fob me off with some cock-and-bull story when you're not even an Ombudsman, but a simple adjudicator.

I look forward to your response, if you could also advise details of how to escalate this to an actual Ombudsman I'd appreciate it.

Kind regards


Sign Name

[di30]

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

This makes me wonder if it's the same Clown Adjudicator I have? lol, clue on mine "initials" MK

Oh you could do what I did as well, request for a SAR, mine is due back by the 8 Sept.

[charitynjw]

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

Pompey passed on these details in regards of the SAR request via FOS.

http://www.financial-ombudsman.org.u...-requests.html

I assumed it worked both ways, the FOS/Adjudicator would send copies of our paperwork to the ones we are making a complaint about, and it should be the matter of us receiving what they send in about us, considering they supposed be impartial lol.

Some info here of the above link.

"
There may also be legal reasons why we cannot disclose the information you are asking for. We are not required to tell you if exemptions have been applied to any information we have provided, if information has been withheld, or the reason for withholding information.
Where certain information cannot be shared with you – because, for example, it may disclose the identity of a third party who has not consented to sharing the data – we will delete that information and try to give you as much of the remaining data as possible."

I think they may be wrong here.

Compare ICO Guidance on exemptions for organisations for legal/proposed legal proceedings

http://www.ico.gov.uk/for_organisati...xemptions.aspx

Also, there is a big difference between disclosing info to 3rd parties, & 3rd parties being identified in data pertaining to the Data Subject.
(About 3/4 of the way down).

& it would appear that, from some of the above posts, the FOS are suggesting that the only way forward from their final refusal is court....