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

[Never-In-Doubt]

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 think this was written incorrectly by me due to something I was told by a FOS manager which I may have misread (sorry mate)!

Basically, as I had lodged a formal complaint based around capability and negligence of the initial adjudicator I argued that an appeal should be dealt with separately. It was in my case (allegedly).

The rules are here mate: ---> issue 67 - ask ombudsman news

And the business side of things (tallies with the above to an extent) ---> FAQs businesses - if you disagree with the adjudicator's view

[mgfboy]

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

Same Simon Coe that paid me £150 (see HSBC complaint)

Thats not fair , I want my extra £50 then!!!!

The funny thing is in the letter simon didn't directly tackle my complaints, I think that this letter is basically a pro former approved by the FOS solicitors, So lets see what the next one says

[mgfboy]

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

So if the read that correctly, if you a business you get two bites of the cherry before the adjudicator make their final ruling, where as we as the customer one get the final ruling.

Seems a bit one sided to me

[mgfboy]

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

I've fired off the complaint to the independant adjudecator and below is her first reply. Makes some interesting reading!!!!

Dear

Your complaint about the Financial Ombudsman Service: case

Thank you for your email of today's date, 27 April 2012. I am
appointed by the board of the Financial Ombudsman Service and my role as Independent Assessor is to examine the service provided by the Financial Ombudsman Service.

Some of the complaints that you made to me are about the merits of your complaint about a financial business - which covers whether it should be upheld, what the Ombudsman thought was the crux of the case, what evidence was needed, what weight the Ombudsman placed on the evidence.
My Terms of Reference say that I may not review the merits of a
complaint and I will not, therefore, be able to review your complaint
about the Ombudsman missing factual points. I note that you would like the case re-assessed but the Ombudsman's decision is the final stage and your next step would be to use the legal system and the civil courts.

I note your complaint that Adjudicators and the Ombudsman ignored their own terms of reference concerning breaches of the banking/lending code and legislation. The Ombudsman (and Adjudicator in a provisional assessment) are required to take legislation and industry codes into account but are not required to follow them in order to reach a decision that is fair and reasonable in all the circumstances. The Ombudsman Service is a more flexible alternative to the courts, which would have to take legislation fully into account.

Complaints of poor service are about the practical handling of a case
and I will be able to review the following;

* You ask if the Ombudsman Service was right to treat the matter
as one case. That is a matter of judgement but I will check to see if
the Ombudsman Service followed its practice guide.
* You complain about how long it took to sort the matter out.
* You complain that the Ombudsman Service did not give you the full range of options before you received the final Ombudsman's
decision. I note that the Head of Casework explained, correctly,
that the Ombudsman Service has a two stage process of Adjudicator to Ombudsman rather than passing a case to another Adjudicator. It
would help if you could let me know what are the other options you
thought you should have had so that I can check that the Ombudsman Service followed proper process.

I will now ask the Ombudsman Service to let me have its case file and
responses to the issues I will be reviewing. All being well, I will
write to you with my review and Opinion in mid June. That's longer than my normal three weeks because I hall be on leave in May - there is only me, rather than a "team"!

As you have emailed me I will reply by email sending my report and
opinion in a pdf attachment. Please let me know if you would prefer me to send it to you by post.

Yours sincerely




Linda M Costelloe Baker OBE
Independent Assessor

[di30]

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

Good luck here then.

Holiday, it's always the same isn't it?

All crossed for you.

[Never-In-Doubt]

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

Makes me mad I tell ya!

[mgfboy]

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

The thing that surprises me , is the fact even though I can prove that the ombudsman has made statements that arn't factually correct, she doesn't seem to be interested!!!!!

[Never-In-Doubt]

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

Because she isn't there to decide upon his actions.

Load of old bollocks mate. I'll have the same result in a week. Watch this space!!

HSBC must be lining their (fos employees) pockets

[di30]

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

The thing that surprises me , is the fact even though I can prove that the ombudsman has made statements that arn't factually correct, she doesn't seem to be interested!!!!!

"Turning a blind eye comes to mind"

[Never-In-Doubt]

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

"Turning a blind eye comes to mind"

I think pure hard cash seems to work best

[mgfboy]

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

I think pure hard cash seems to work best

probably paid in gold and fine wines, much more difficult to trace

[MattyA]

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

HSBC are feckers!

I am (hopefully) going after HSBC via the site solicitors - have passed my file over to them for them to have a look at

[mgfboy]

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

Here is the latest response from the independant adjudicator, it looks more promising.

Thank you for your further email. This is going to sound a but odd but I
cannot look at whether the Ombudsman made an error or fact in the final
decision but I can look at how the Ombudsman Service responded to your
complaint that the Ombudsman had made an error of fact. I have added
that to the list.

[di30]

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

Here is the latest response from the independant adjudicator, it looks more promising.

Thank you for your further email. This is going to sound a but odd but I
cannot look at whether the Ombudsman made an error or fact in the final
decision but I can look at how the Ombudsman Service responded to your
complaint that the Ombudsman had made an error of fact. I have added
that to the list.

It does sound to be more promising, they finally realise how serious you are, and it does help because you've not backed down.
Well done for perervering with this.

All crossed here.

[di30]

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

When should you be hearing about this now?

I suppose it's the question of "how long is a piece of string"?

Fingers crossed.