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  • Re: Not too good news with my packaged reclaim/FOS

    Yes its late lol, but put something together. Okay its VERY lengthy, as wasnt sure to write some points first then about the compo etc, it maybe too much I dont know LOL. I can of course change it, take out non relevant info if you dont think its needed. :-)

    DRAFT!!!!

    .................................................. .................................................. .................................................. .................................................. ................

    For the attention of The Service Manager (Name)


    Complaint REF xxxxxxxxxx


    We are writing to you about the disappointing service received from the Financial Ombudsman Service.

    We made our complaint about Lloyds Bank PLC in August 2012, as it was rejected we raised this up with the Financial Ombudsman Service.

    Firstly, we would like to show details of what happened whilst our complaint was under the team of Adjudicators (please note these are not all emails, but relevant in order to give you an idea of what we have been going through) later in this letter, it will explain why we feel we have reason to raise this up with you.


    Our case was finally allocated to the "First Adjudicator (name)" on 22 May 2013, on request we sent a number of information that was relevant to our complaint, sent by many emails.


    On the 10th July 2013, we received an email from (Adjudicator) she recommended not to uphold, but in order to review again for us to send further information by 24 July 2013. We sent further information in order to have our complaint reviewed.


    Email received 13 August 2013, (Adjudicator) now recommends to uphold and confirmed she had written to Lloyds.


    We had emailed later on to ask for any updates and further developments, ie: from Lloyds Bank.


    An email received from (Adjudicator) dated 29 August 2013, Adjudicator stated she spoken to Lloyds who had explained a fault with the systems about letter she sent them, and Lloyds state it was only logged the day before (28 August 2013) so Lloyds were given extra time - for the end of that week.

    31 August 2013 we raised comments about missed points and it was said that the Adjudicator was also to take matter up with Senior Colleague, this was in regards of her upheld decision made in August 2013.
    We heard nothing more on her Senior Manager, so not even sure if it was actually taken up or not.


    Meanwhile we emailed for updates and received an email from Adjudicator to state she in process of reviewing information and needed more time as it was complex in regards of some calculations of rates etc.

    We also sent further information, as it appeared Lloyds could not provide all the information.


    An opinion was made on our complaint dated 30 October 2013 sent by email - Not upheld. Hard=Copy also arrived in the post some days later.

    Since them there were many other emails and information sent, and we received emails about the delays in responding to us and that the FOS had problems with the Systems 04/11/2013 and it was said emails to us kept getting blocked.
    A further email 18 November 2013 about delays and hoped to review our complaint by the end of that week.
    On the 21 November 2013, the decision arrived and again it was unchanged and to reject.

    On that same day of 21 November 2013, we emailed to confirm that we did not agree with the decision and to have our complaint passed to the Ombudsman, we also requested for fast track due to illness conditions, one of those can be life threatening if not kept in control, Chronic Kidney Disease (CKD) which is a progressing disease and high blood pressure. Being under hospital specialist for this chronic illness, blood pressure has to be in control, any stress can cause a raise in blood pressure and highly possible further damage to the kidneys, unfortunately, it is the blood pressure that caused the kidney disease. We also have an Autistic son with special needs that require a lot of our time and attention, all this was disclosed to the Adjudicator.

    We were informed that under exceptional serious circumstances, illness and/or hardship are taken into account to be eligible for fast tracking and that our individual case will be discussed with a Senior Manager.
    On the 22 November we received an email to confirm they will fast track due to our circumstances and again on the 13 December 2013 informed that our complaint was agreed for fast track for a number of reasons.

    We were informed that our file will be passed to the Ombudsman by the 18 December 2013 and also to forward any further information by that time, but as this did not happen for that date we queried this on 6 Jan 2014, the Adjudicator said she will make Ombudsman aware that our complaint was to be treated as priority, and later that day it was confirmed our file was finally passed on (5 Jan 2014).

    8 February 2014, a response to our email to ask for an approximate timescale, but was informed it will inevitable take a bit of time.

    21 February 2014, Update of our complaint, Ombudsman requested for information from Lloyds and Adjudicator Ms Fiona Jarrold confirmed she leaving business and our complaint was passed on to her colleague Mr Jonas Carboo-Brown.

    Since this changeover, there were many emails, and further information submitted and again further delays.

    We raised some concerns on email dated 15 April 2014 to Adjudicator Mr Jonas Carboo-Brown, this was also due to more missed points on received emails from previous weeks, we said that we are going round in circles and also of the discomfort of lack of diligence in picking up the main crux of our complaint.
    We received on 17 April 2014 in response to our email to explain it understood this is a difficult situation for us, and the amount of information, time and our effort we put into it.
    With that they were fully aware by then how stressful this was for us!
    We also indicated that we are considering putting in a complaint about the service of our complaint and in response to this, the Adjudicator said to let him know if we require the details to make this complaint.

    On the 25 April 2014 we received an email to confirm the Ombudsman will be reviewing our complaint, as prior to this we had sent them yet more further information.
    They could not provide any timescale but then on the 23 May 2014 we received the Provisional decision by email, it was "upheld in part" but no further award of compensation for distress/inconvenience/delays etc was awarded.
    However, it was also confirmed that now this Adjudicator Mr Jonas Carboo-Brown was leaving the business that day, and our complaint was being passed to his colleague Mr Alex Chruscikowski. Please note and take into account this is the "3rd Adjudicator" and if we could send in further submissions for a final decision by the 24 June 2014.

    We had done this by sending in further information, as it was clear as stated on a comment made by the Ombudsman on the provisional decision that Lloyds could not provide the relevant information, and we also sent a letter/email for the final submission, we made it clear of the way our complaint had been dealt with throughout and requested for compensation for the distress/inconvenience it caused us, but on the 26 June 2014, the Final decision was unchanged to still "uphold in part" and no award of compensation for the above stated reasons.

    It appears that the Ombudsman didn't think it would be appropriate in the circumstances of the complaint, she states our frustration but nothing at all about our health matters which surely she should have been clearly aware of this (reasons for fast track).
    We have been affected in all ways, firstly it does not help that fact there are already serious health conditions, stress or delays does not help. Its caused pain and suffering.
    It's been like a game of pass the parcel where there was no full ownership to just one Adjudicator changing staff, information after information was submitted as requested, yet very essential information was missed and not taken into account, what we did provide felt it was used against us and it concerns us that it seemed to be just one sided and not impartial, considering lack of information provided by the bank, yet they used just basic non concrete information from the bank as a back up for them to make it seem we made ours up, despite sending in a huge amount of paperwork, this was also confirmed of us doing this and our efforts by Mr Jonas Carboo-Brown on one of his emails above.
    This is shocking behaviour and like a roller-coaster ride, it just went downhill, we do not feel we have had fair treatment, it feels more like torture, we have enough of that treatment already from these banks.

    We hope you can also refer to the final letter used during submissions for the final decision, as you will see in more details and previous emails too.

    We hope this can be looked into, as we feel it is essential to have this put right. We look forward to hearing from you.


    Yours sincerely,



    Comment


    • Re: Not too good news with my packaged reclaim/FOS

      I welcome your opinions on this, I know it needs going over for sure, but is it enough main points/reasons given for them to consider on this do you think?

      No rush, but welcome any views and input, cheers

      Comment


      • Re: Not too good news with my packaged reclaim/FOS

        Doing lots to the house at the mo, mess everywhere!!! it will all be worth it in the end lol.....

        Will probably try getting this off to service manager this week, so i can forget about it for a while and get on here in the house, do you think that what I've done is good enough to send? Cheers lol.......

        Comment


        • Re: Not too good news with my packaged reclaim/FOS

          Hi Di
          A fascinating thread and I wish you well.

          In all the info you posted, you may have missed that on the copy of the bank statement you posted, there's an item for "CARD PROTECTION PLAN". CPP have written directly to their customers about this, but the banks may not be so forthcoming. It's time-limited to 30/8/14, so if you want a diversion (!), then see below, and chase up yourself:

          http://www.fca.org.uk/news/compensat...-policyholders

          It's not PPI, it gave id protection, one telephone number to ring in the event of card loss and other dubious benefits.

          Regards,

          Comment


          • Re: Not too good news with my packaged reclaim/FOS

            I'll read tonight and help sort this Di. Sorry been hectic of late.
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

            Comment


            • Re: Not too good news with my packaged reclaim/FOS

              Ok I think it's fine but could it be narrowed down somewhat? To be honest you only need a few lines. I'd be more prone to be blunt and say what I suggested earlier; ie 3 adjudicators, missing key points, repeating requests for info, demanding a lot of you, leaving - then you do it all again and that one leaves.

              As such your health has been affected, you have lost faith in the Service (FOS) etc

              no need to go in depth but it's your call. You need to express the failings and the affect it had on you. Things like added stress, raised blood levels, anxiety etc etc
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

              Comment


              • Re: Not too good news with my packaged reclaim/FOS

                Thanks Niddy :-)

                Yes it does seem to be rather lengthy lol. Will work on this one later or tomorrow (i have my old ceiling down so lots of work going on at the mo) lol, but yeah straight to the point with it then, thank you for checking it over for me though :-)

                Thank you as well CS, that is very useful. In my case apparentely its been said it was PPI but they could see where we may have got confused with it being the CPP, never mind hey lol, cheers though, i do appreciate your input in this too :-)

                Comment


                • Re: Not too good news with my packaged reclaim/FOS

                  For the attention of Service Manager (name)

                  Complaint REF

                  We understand we have our rights in raising a complaint with you about the poor service we received in regards of the above complaint ref.

                  Basically since our complaint was forwarded to the Financial Ombudsman Service in 2012, we have been allocated to 3 adjudicators.

                  Essential points of our complaint were missed, a lot of information was requested from us every time it was passed on to a new adjudicator, as the bank did not seem to provide all the relevant information, and what we did send, (which was more than ample) it seemed it was used against us.

                  This caused many delays, stress and suffering.
                  At least one of us suffer a Chronic illness and can be life-threatening. Chronic kidney disease is a progressing disease that can be worsened by stress, the fact of having this brought on by high blood pressure, and added stress can be vital to the Chronic health condition. (As blood pressure is the actual cause of this said disease). Hospital specialists advised to try to stay stress free and avoid stressful situations, but unfortunately in our case this has not been the case, as we have suffered suffering, pain and distress throughout.

                  We have lost faith in the Financial Ombudsman Service, and to resolve this matter, we are requesting this matter be looked into and the fact of not being offered an award of compensation for the suffering, stress and delays of our complaint is utterly obsurd for what we went through.
                  Its not helped by the fact of having changes of 3 adjudicators, being told to not to uphold then recommended to uphold then not uphold, we finally had our complaint passed to the Ombudsman (supposedly on fast track) which has taken to June 2014 to have our complaint "held in part" (Final decision) but no further redress awarded, as the Ombudsman states she understands our frustration but does not feel we should be awarded anything further. This is very poor and unfair as our personal circumstances were "not at taken into account".

                  To regain any faith in the business, we will appreciate you look into this matter, and please let us know how you are going to deal with this to resolve what we have been through.

                  Yours sincerely,

                  Mr & Mrs Dizzy

                  .................................................. .................................................. .................................................. .....................

                  Is this okay please? lol :-)

                  Comment


                  • Re: Not too good news with my packaged reclaim/FOS

                    Originally posted by di30 View Post
                    For the attention of Service Manager (name)

                    Complaint REF

                    We understand we have our rights in raising a complaint with you about the poor service we received in regards of the above complaint ref.

                    Basically since our complaint was forwarded to the Financial Ombudsman Service in 2012, we have been allocated to 3 adjudicators.

                    Essential points of our complaint were missed, a lot of information was requested from us every time it was passed on to a new adjudicator, as the bank did not seem to provide all the relevant information, and what we did send, (which was more than ample) it seemed it was used against us.

                    This caused many delays, stress and suffering.
                    At least one of us suffer a Chronic illness and can be life-threatening. Chronic kidney disease is a progressing disease that can be worsened by stress, the fact of having this brought on by high blood pressure, and added stress can be vital to the Chronic health condition. (As blood pressure is the actual cause of this said disease). Hospital specialists advised to try to stay stress free and avoid stressful situations, but unfortunately in our case this has not been the case, as we have suffered suffering, pain and distress throughout.

                    We have lost faith in the Financial Ombudsman Service, and to resolve this matter, we are requesting this matter be looked into and the fact of not being offered an award of compensation for the suffering, stress and delays of our complaint is utterly obsurd for what we went through.
                    Its not helped by the fact of having changes of 3 adjudicators, being told to not to uphold then recommended to uphold then not uphold, we finally had our complaint passed to the Ombudsman (supposedly on fast track) which has taken to June 2014 to have our complaint "held in part" (Final decision) but no further redress awarded, as the Ombudsman states she understands our frustration but does not feel we should be awarded anything further. This is very poor and unfair as our personal circumstances were "not at taken into account".

                    To regain any faith in the business, we will appreciate you look into this matter, and please let us know how you are going to deal with this to resolve what we have been through.

                    Yours sincerely,

                    Mr & Mrs Dizzy

                    .................................................. .................................................. .................................................. .....................

                    Is this okay please? lol :-)
                    Do you think this covers all i need to say before I send it please? thanks again.

                    Comment


                    • Re: Not too good news with my packaged reclaim/FOS

                      Dear Mr & Mrs

                      Thank you for your email.

                      I would like to take the time to fully review all the concerns that you have raised below.

                      In order to do this, I would like to reply to you via email by 18 July 2014. If possible, I will reply sooner.

                      If you would prefer that I respond by phone or letter, please don’t hesitate to let me know

                      I have attached a copy of fact sheet “complaints about our service”.

                      If you have any questions that this fact sheet does not answer, please don’t hesitate to ask

                      Yours sincerely


                      Team Manager|Financial Ombudsman Service
                      Exchange Tower | London | E14 9SR
                      T: 020

                      Comment


                      • Re: Not too good news with my packaged reclaim/FOS

                        Excellent. Good luck
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                        Comment


                        • Re: Not too good news with my packaged reclaim/FOS

                          Thanks Niddy
                          Gave it my best shot, so see what happens from here, cheers

                          Comment


                          • Re: Not too good news with my packaged reclaim/FOS

                            Okay received this below but its not made any difference, what would you do from here please?
                            .................................................. .................................................. ..............

                            Dear Mr & Mrs

                            Following my email 4 July 2014, I have now had a chance to fully review your case around the service concerns you have raised.

                            I understand that you feel stressed and that you are unhappy with the outcome.

                            you weren’t happy that your case had 3 different adjudicators

                            While your case was being investigated it was handled by Ms Jarrold, who issued all three opinions on your case. She was also the adjudicator who put your case forward for ombudsman review.

                            Following it being put forward for a final decision it was re-allocated to Mr Carboo-Brown due to Ms Jarrold leaving, and then to Mr Chruscikowski due to Mr Carboo-Brown leaving.

                            It is not ideal that your case had three different adjudicators while it was with us and I am sorry if you found this frustrating.

                            Unfortunately we had two staff members who left our employment, and a new adjudicator needed to become your point of contact while awaiting the ombudsman’s final decision.

                            I am pleased that both Ms Jarrold and also Mr Carboo-Brown let you know by email that they were leaving, and provided you with the contact details for the adjudicator who would be taking over your case.

                            you said that a lot of information was requested each time it went to a new adjudicator

                            Having reviewed the contact on your case, I can see that Mr Carboo-Brown did request some additional information from you regarding your home emergency cover.

                            This information was requested by the ombudsman who had your case for review. Neither Mr Carboo-Brown or Mr Chruscikowski requested any additional information, other than what the ombudsman requested.

                            I appreciate that Ms Jarrold did request information throughout her investigation of your case. This was in line with how I would expect her to investigate your case. She should ask for whatever documentation, information or evidence she required in order to reach her opinion.

                            There was also a lot of information that you provided. This information would have been added to your file and been available for consideration by both the adjudicator and the ombudsman.

                            your complaint was not upheld, then upheld and then not upheld again

                            When Ms Jarrold formed her initial opinion on your case, she did not feel that she was able to uphold it.

                            On providing her opinion to you, you had the opportunity to present your thoughts around the opinion. This also allowed you to provide any new or additional information or documentation that you felt had not been considered by her.

                            On receiving your response, Ms Jarrold reconsidered the opinion she had reached. At this point, she decided that the information you had provided changed her opinion and that she should uphold your complaint.

                            With changing her opinion to up hold your case, she had to send it to the business for their response. The business was given the same opportunity you had, to provide any further information or documentation that they felt hadn’t been considered.

                            On receiving the businesses response, Ms Jarrold reviewed her opinion again. Based on the response provided she then came to the opinion that the case shouldn’t be upheld.

                            I appreciate that this would have been confusing for you.

                            It is really important that we give both parties the opportunity to raise any new points they have in regards to the opinion reached, and also to provide any additional documentation. Unfortunately in this case it meant that with each additional submission, that it changed the opinion reached by Ms Jarrold.

                            your case was fast tracked but took till June for a decision to be issued

                            You were advised by letter that your case was being put forward for an ombudsman’s review in November 2013 by Ms Jarrold. At this point both yourself and the business were given till 18 December 2013 to provide any final information or comments that you wanted to be made available to the ombudsman.

                            Your case was physically provided to an ombudsman 22 January 2014.

                            Allowing for the Christmas leave period, this does show the case has been fast tracked. Our cases currently wait 6-9 months to get on desk with an ombudsman. In your case it was around 4 weeks.

                            Once it was with Ms Layfield, she had to fully review all the information provided by yourself and the business.

                            Ms Layfield asked the adjudicator to request additional information from yourself and the business in February 2014. Once that was obtained the ombudsman then had to review the file again.

                            A provisional decision was issued 23 May 2014, and a final decision was issued 3 July 2014.

                            I can appreciate how this may not have felt at all fast. Also it still means that your case was with us for over 2 years in total.

                            This is not the length of time we would usually expect a case to be with us.

                            One of the reasons that your case did take longer than expected, was in part due to the large amounts of information and documentation that were provided and made up the case.

                            I would expect an adjudicator and ombudsman to take longer to review a file with a lot of communication and documentation. Both the adjudicator and ombudsman would want to ensure that they had fully reviewed and considered what was available to them.


                            you said were unhappy with the final decision because:

                            • Essential points of your complaint were missed
                            • You feel your personal circumstances were not taken into consideration by the ombudsman
                            • No further redress was awarded by the ombudsman


                            I put your points to Ms Layfield.

                            She has said that she did fully consider your personal situation in considering your case but for the reasons outlined in the decision, was not persuaded any additional compensation was due.

                            As a final decision has been issued on your case, there is no further review available within our service. No one within our service will consider further the outcome reached on your case, or the redress awarded.

                            You can consider options outside of our service if you wish to continue pursuing your case. This may involve you seeking independent legal advice as to what options may be available.

                            next steps from here
                            I hope I have fully answered the concerns that you have raised.

                            I appreciate that you will remain dissatisfied with the outcome on your case. If there are any concerns that I have not addressed, please let me know.

                            Yours sincerely


                            L
                            Team Manager|Financial Ombudsman Service
                            Exchange Tower | London | E14 9SR

                            Comment


                            • Re: Not too good news with my packaged reclaim/FOS

                              That sucks. Keep fighting Di, the more you push the more they'll want to give you a few grand to get rid of you :P haha x


                              TibetanMonk
                              On Debt Row

                              AAD has so much to offer and wants so little back. Take advantage while you can.

                              Comment


                              • Re: Not too good news with my packaged reclaim/FOS

                                Originally posted by TibetanMonk View Post
                                That sucks. Keep fighting Di, the more you push the more they'll want to give you a few grand to get rid of you :P haha x
                                Thank you TB :-)

                                Yes I think I will do, I note the Service Manager never mentioned in the next steps about where to go from here, only the legal way, but nothing mentoned about the Independent Assessor, cheers :-) X

                                Comment

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