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!!!

I will go the independant Ombudsman now, I was just waiting for the response from the FOS ombudsman, but as this is not going to happen here we go!!!

The cross firing was actually only brought up by FOS and has never been used by HSBC as a reason for closing the accounts. Anyway it was never done to draw cash and I can always prove that I thought their were funds avalible to cover the chq.

The thing I still find it iffy is the way they paid my wifes charge card on our joint account in a way they put it over the limit. So moving a debt in a single name on an ( on now I know to be an unenforcable agreement)charge card, into a joint names OD. I would have thought they would have to have my agreement to extent the OD for that reason. This was the event the claused all the problems to happen.

[Never-In-Doubt]

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

I will go the independant Ombudsman now, I was just waiting for the response from the FOS ombudsman, but as this is not going to happen here we go!!!

The cross firing was actually only brought up by FOS and has never been used by HSBC as a reason for closing the accounts. Anyway it was never done to draw cash and I can always prove that I thought their were funds avalible to cover the chq.

The thing I still find it iffy is the way they paid my wifes charge card on our joint account in a way they put it over the limit. So moving a debt in a single name on an ( on now I know to be an unenforcable agreement)charge card, into a joint names OD. I would have thought they would have to have my agreement to extent the OD for that reason. This was the event the claused all the problems to happen.

Hiya

Ok, simple terms - when you write in to complain stick to facts and not rumour or opinion, just list the facts and that'll win you more prizes. If anything sort your letter then email it and let me have a mooch; point being with the FOS never get embroiled in a "it wasn't my fault" argument, instead just say "they did this, they did that and then they went and did this" - which does work better and also makes them think this from step-1.

Point being when you dither, they're bored before reading the end of the letter and sometimes perceive you to be a whinger, so it's best to just stick to the main points. Trust me here, it's the last straw for you on this one so get it right first time mate.....

[mgfboy]

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

Here is the latest email I've had from FOS, seems their is more than a little arse covering in it

Dear Mr S

I confirm safe receipt of your e-mail, which has been added to the complaint file record, as have all your previous e-mails and records.
I note your comments and would advise you that our complaint procedure starts with my manager, with whom I have discussed your service complaint issue. As I understand it your complaint now is a service complaint in that you were promised a response from an ombudsman, and I have told you that you will not receive a further response from her (of course I know that both yourself and Mrs XXXXXXX remain unhappy that the complaint has not been upheld).
My manager asks that you allow him 7 days to review your service complaint to see if this can be resolved, when you will be further updated.
In advising you of this, I would just add my own comment regarding this latest complaint issue.
Yes of course I quite understand your latest comments, but in relation to this it may be helpful, at least I hope it is, if I deal with your core concerns about the complaint not being upheld and our procedure.
I am sure you will have reviewed our web site in some detail and may be aware of the following clarification note in relation to ombudsman final decisions:
‘An ombudsman’s decision is final. There is no further appeal to another ombudsman. This means you must make sure you have given us all your facts and arguments before an ombudsman makes their final decision – otherwise it will be too late.’
When I wrote on 10 August I said much the same -:
‘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.’

Subsequently the response date was extended with the agreement of the bank, and then on 15 August you raised a number of queries about the final decision itself.

Yes I agree that on 18 August I wrote to say -

’Having discussed your issues with the ombudsman I have contacted the bank and it has agreed an extension for your response to the ombudsman final decision until 2 September 2011.

The ombudsman plans to respond to you herself after this date to answer your queries.

I confirm that any subsequent Subject Access Request from you will be appropriately dealt with.’

Then on 23 August you raised some further points, both regarding the complaint merits and both the manner of and the reference points used by the ombudsman in her consideration of the complaint.

What I feel I still need to point out to you is that there is no provision for a change to a final decision, although I deduce from your 23 August e-mail when combined with you earlier e-mails that is your intention and expectation from the requested response from the ombudsman that she will revisit the merits of your complaint.

I just thought I would mention this now to avoid any doubt later on, although I of course cannot speak for the ombudsman and I do not know what the outcome of this current service complaint will be.

You should hear next from Mr G.

[Never-In-Doubt]

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

I have edited this to remove the name Mrs XXXXX

[mgfboy]

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

I've just had FOS on the phone and it will be very interesting to see what the Ombudsman has to say when they write.

I must admit I'm always impressed if someone actually has the balls to ring up and say they got it wrong and they will put it right.

[Never-In-Doubt]

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

I must admit I'm always impressed if someone actually has the balls to ring up and say they got it wrong and they will put it right.

Is this what they just said....

[di30]

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

Out of interest, was there anything further on this one?

[mgfboy]

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

HI

I need to chase them up, I've not heard anything from them.

[mgfboy]

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

Well I had a reply at the weekend , that was factually inaccurate, an also imply that I had given them new info after the ruling ( the info was there all the time they just hadn't actually fully reviewed the file!!!)

So a formal compliant is going in, it wont change anything I'm sure but it may help to sharpen up their ideas

[di30]

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

Well I had a reply at the weekend , that was factually inaccurate, an also imply that I had given them new info after the ruling ( the info was there all the time they just hadn't actually fully reviewed the file!!!)

So a formal compliant is going in, it wont change anything I'm sure but it may help to sharpen up their ideas

How incompetant of them!!!!

[mgfboy]

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

Well I've sent of a compliant letter to FOS, I wonder what level of understanding a Ombudsman has to have on financial matters and what they know about banking normal practice????

[mgfboy]

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

I had someone from FOS ring up about my complaint letter, they didn't like it that I wanted to haved the case reviewed by the independent Ombusman and keep going on about the Ombudsmans word being final!!!!

He really didn't like the argument when I asked what happens when ombudsman is proved to be wrong, also I ask when I send in the SAR requested I hope it has a record of review time and who did what ,I finished it off with the old who watches the watchman saying

It will be interesting to see what his letter says and I also pointed out if I had a complaint against me and it went to FOS I would have to prove why every point was valid, which is something that FOS cant or wont do.

[di30]

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

I had someone from FOS ring up about my complaint letter, they didn't like it that I wanted to haved the case reviewed by the independent Ombusman and keep going on about the Ombudsmans word being final!!!!

He really didn't like the argument when I asked what happens when ombudsman is proved to be wrong, also I ask when I send in the SAR requested I hope it has a record of review time and who did what ,I finished it off with the old who watches the watchman saying

It will be interesting to see what his letter says and I also pointed out if I had a complaint against me and it went to FOS I would have to prove why every point was valid, which is something that FOS cant or wont do.

Good one LOL.

They will try putting you off, but your doing great.

[mgfboy]

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

Just had another letter from FOS, repeating what they said that the wont change their minds etc.

The interesting thing though is the sent me a chq for £100 for poor service. Do you think that they did that so I wouldn't take it further??????

[di30]

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

Just had another letter from FOS, repeating what they said that the wont change their minds etc.

The interesting thing though is the sent me a chq for £100 for poor service. Do you think that they did that so I wouldn't take it further??????

Hmm now that is quite possible.

So have you decided on what your going to do?