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    • Chirpy Cheap Cheap
    • By Chirpy Cheap Cheap 22nd Sep 16, 3:45 PM
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    Chirpy Cheap Cheap
    Mortgage advice company not adhering to FSO agreement
    • #1
    • 22nd Sep 16, 3:45 PM
    Mortgage advice company not adhering to FSO agreement 22nd Sep 16 at 3:45 PM
    Sorry if this is on the wrong board.

    Over a year ago I raised a complaint with a large mortgage advice company. After the complaint was ignored, I contacted the FSO and my complaint was upheld.

    Having agreed a financial settlement with the organisation, they simply haven't paid up and this has gone on for months. I hear nothing, so I contact the FSO, they chase the organisation and I hear nothing.

    Is this something I can take to a small claims court even though the FSO are still apparently chasing the settlement?
Page 1
    • bod1467
    • By bod1467 22nd Sep 16, 3:59 PM
    • 14,751 Posts
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    bod1467
    • #2
    • 22nd Sep 16, 3:59 PM
    • #2
    • 22nd Sep 16, 3:59 PM
    I presume you mean FOS - Financial Ombudsman Service?

    MSE has a FOS Guide. That may give some info to help point you regarding the way forward.
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    • Chirpy Cheap Cheap
    • By Chirpy Cheap Cheap 22nd Sep 16, 4:08 PM
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    Chirpy Cheap Cheap
    • #3
    • 22nd Sep 16, 4:08 PM
    • #3
    • 22nd Sep 16, 4:08 PM
    Thanks, yes I mean FOS. I've read several guides but not seen anything that really covers this situation. I don't want to incur fees from going through a small claims court, but the FOS don't seem to be able to make the company pay out. I'll take another look at the guide though.
    • Moneyineptitude
    • By Moneyineptitude 22nd Sep 16, 6:42 PM
    • 16,797 Posts
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    Moneyineptitude
    • #4
    • 22nd Sep 16, 6:42 PM
    • #4
    • 22nd Sep 16, 6:42 PM
    I don't want to incur fees from going through a small claims court, but the FOS don't seem to be able to make the company pay out.
    Originally posted by Chirpy Cheap Cheap
    Your only option is to keep regularly badgering the Ombudsman Service until corrective action is taken by them.
    • unholyangel
    • By unholyangel 22nd Sep 16, 8:46 PM
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    unholyangel
    • #5
    • 22nd Sep 16, 8:46 PM
    • #5
    • 22nd Sep 16, 8:46 PM
    OP you say the ombudsman upheld your complaint then say you agreed a financial settlement....so which is it? Did the ombudsman order them to pay x amount or did you agree a financial settlement for £x amount?

    If the ombudsman have made their final decision and the financial business isn't complying, they should be reported to the FCA.

    Due to FOS being an official ombudsman, its decisions are legally binding and you can enforce it in court.

    So if the ombudsman have reported it to its regulator and still the business fails to comply, send them a letter before action stating unless full payment is made by x date (be reasonable, a minimum of 2 weeks should be given), you fully intend to enforce the decision in court at which time, their liability for costs is likely to increase.
    Money doesn't solve poverty.....it creates it.
    • Chirpy Cheap Cheap
    • By Chirpy Cheap Cheap 23rd Sep 16, 8:48 AM
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    Chirpy Cheap Cheap
    • #6
    • 23rd Sep 16, 8:48 AM
    • #6
    • 23rd Sep 16, 8:48 AM
    Sorry my terminology is probably wrong. I raised the complaint with the FOS and they agreed that the organisation should have acted differently and suggested a settlement. I signed my agreement and so did the business.

    Thanks for your advice, this very helpful.
    • unholyangel
    • By unholyangel 23rd Sep 16, 2:38 PM
    • 9,948 Posts
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    unholyangel
    • #7
    • 23rd Sep 16, 2:38 PM
    • #7
    • 23rd Sep 16, 2:38 PM
    Good luck and let us know how you get on please
    Money doesn't solve poverty.....it creates it.
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