Help what should i do? Unfair charges/default/Horrible FOS person

borgbaiter

hi

it would probably be worth asking for interest to be added. if you can bring the offer above the total of the amounts defaulted i would think there is more chance of getting these removed. the fact its in two claims needs clarifying incase one has been repaid in full.

one of my wifes credit card agreed to remove an arrears credit reference mark on these grounds.

your ombudsman is some sort of psychic if he can predict the future. was this in writing or in a telphone conversation? it may be worth conducting everthing in writing if it was by phone.


Borgbaiter

Serendipity_phoenix

natweststaffmember wrote: »

The banks cannot offer a full and final settlement under the FSA Waiver on Bank Charges.

Hi, sorry if I'm sounding thick, but what do you mean?
In my letter and on the form the ombudsman wants me to sign, it states this is a full and final settlement.

natweststaffmember

digitalsgirl wrote: »

Hi, sorry if I'm sounding thick, but what do you mean?
In my letter and on the form the ombudsman wants me to sign, it states this is a full and final settlement.

They cannot offer you say 75% of the charges to be written off as a full and final settlement, ie that you cannot go back to them for the 25%. If they offer you a sum to drop your claim they are in breach of the FSA Waiver. Hope that helps.

Voyager2002

The problem arose as a result of maladministration by the Council (or rather by the company contracted to administer housing benefit). In fairness, they should pick up the bill for the costs arising from their delay in processing your claims. I suggest that you seek advice from Shelter; and consider contacting an elected councillor or even the local government ombudsman service.

Serendipity_phoenix

Ah yes the wonderful north Somerset council! and liberator!

I did complain...constantly, and got nowhere, I complained about the time it was taking , the fact it was being looked at as a new claim....3 times, we sat for many a day in the council offices giving proof, having photocopies taken, filling forms, seeing one person then another, for nothing. All we kept being told was when money was paid into the bank that HSBC couldnt take government money for their debts.....couldnt they bol?!cks!
They(the council) kept saying "you will get what you are owed, in back payment" what they dont understand is the landlord doesnt want to hear that! and they messed up all our back payments anyway.

I had the council tax benefit re accessed three times because every week for 4 months (I joke not)we got a "revised bill" In the end (this November) I just paid the £393 they said we still owed them from 2006, as it wasn't worth the hassle, however i did fight a old bill of my husbands and after 7 years they have finally admitted defeat (my husband was living abroad at the time of the bill) so I have no hope to get any thing from them for messing up. One thing they are not and that is fair.

In fact when we got given notice we went to the council for help (having no money, so frightened of homelessness, with a young child) they said they counldnt help us, until we stayed in the house after the notice date, the landlord had gone to court, and got a court order to evict us, then we had to wait till that date, leave our belongings, and turn up at the council, ready to be put in B&B in scumville, if we were lucky, the council would store our stuff, until they housed us, then we would have to pay the council for the storage cost, to get our things back, and that was if they got them before the landlord!!!
hence the reason we sold everything and did it ourselves!

I might look into writing a letter to the goverment ombudsman though, i didnt know there was such a thing. Would they look at it after all this time and bearing in mind we now live under a different council?

Serendipity_phoenix

Hi, Right, Data Protection Act disclosure request sent thank you conar686
I also asked direct for information about the "offer" i.e. will it mean defaults removed, does it include interest, is it full refund of one of the accounts???.

Also sent a copy to the F.O.S for him to forward to his "counterpart" at HSBC, incase the head office didnt have details of the offer!
had acknowledgement that F.O.S guy got my email and voice mail asking questions so he should be getting/reading my letters with concerns any day.

natweststaffmember wrote: »

They cannot offer you say 75% of the charges to be written off as a full and final settlement, ie that you cannot go back to them for the 25%. If they offer you a sum to drop your claim they are in breach of the FSA Waiver. Hope that helps.

Thanks natweststaffmember
So by my understanding this means they cant really offer a true "full and final" ?
It is just their wording to try and get you to accept and not come back?

conar686

digitalsgirl wrote: »

Ah yes the wonderful north Somerset council! and liberator!

I did complain...constantly, and got nowhere, I complained about the time it was taking , the fact it was being looked at as a new claim....3 times, we sat for many a day in the council offices giving proof, having photocopies taken, filling forms, seeing one person then another, for nothing. All we kept being told was when money was paid into the bank that HSBC couldnt take government money for their debts.....couldnt they bol?!cks!
They(the council) kept saying "you will get what you are owed, in back payment" what they dont understand is the landlord doesnt want to hear that! and they messed up all our back payments anyway.

I had the council tax benefit re accessed three times because every week for 4 months (I joke not)we got a "revised bill" In the end (this November) I just paid the £393 they said we still owed them from 2006, as it wasn't worth the hassle, however i did fight a old bill of my husbands and after 7 years they have finally admitted defeat (my husband was living abroad at the time of the bill) so I have no hope to get any thing from them for messing up. One thing they are not and that is fair.

In fact when we got given notice we went to the council for help (having no money, so frightened of homelessness, with a young child) they said they counldnt help us, until we stayed in the house after the notice date, the landlord had gone to court, and got a court order to evict us, then we had to wait till that date, leave our belongings, and turn up at the council, ready to be put in B&B in scumville, if we were lucky, the council would store our stuff, until they housed us, then we would have to pay the council for the storage cost, to get our things back, and that was if they got them before the landlord!!!
hence the reason we sold everything and did it ourselves!

I might look into writing a letter to the goverment ombudsman though, i didnt know there was such a thing. Would they look at it after all this time and bearing in mind we now live under a different council?

Have you asked the council for its complaints procedure, if not you should do and use it to document your complaint. If you've done this and are still not satisfied then you can go to the Local Government Ombudsman for a view.

http://www.lgo.org.uk/complaint_form.htm

Serendipity_phoenix

Got letter back from HSBC today !

I sent the Data Protection Act disclosure request
got back a letter saying they would provide me with copy statements free of charge, but they went on to say......

" However if you require any further information about your banking relationship with us please provide me with the full details by completing the attached form and return to this office along with the appropriate fee which was not enclosed with your letter as specified"

!!!!!!?
I didnt say i was enclosing a fee! I used the Data Protection Act disclosure request then added at the bottom of the letter:
[FONT=&quot]
[/FONT]
[FONT=&quot]"Also in regards to the offer of £2377 that we have received via the financial ombudsman service, could you clarify if this offer: [/FONT]
[FONT=&quot]1.[FONT=&quot] [/FONT][FONT=&quot]includes interest, [/FONT][/FONT]
[FONT=&quot]2.[FONT=&quot] [/FONT][FONT=&quot]how the amount of £2377 is come to, [/FONT][/FONT]
[FONT=&quot]3.[FONT=&quot] [/FONT][FONT=&quot]how the and why the outstanding amount of £363 is come to, [/FONT][/FONT]
[FONT=&quot]4.[FONT=&quot] [/FONT][FONT=&quot]if one of the accounts is to have the full amount credited (example flexi loan £1706 completely cleared; £671 paid into overdraft) [/FONT][/FONT]
[FONT=&quot]5.[FONT=&quot] [/FONT][FONT=&quot]If the defaults will be removed from our credit history/score.[/FONT][/FONT]
[FONT=&quot]As we have stated to the financial ombudsman service, we are considering HSBC’s offer and in fact wish they had made it sooner, but wish to have it confirmed that the defaults will be removed from our credit file."[/FONT]
They have enclosed a "Request to undertake a search under the data protection act 1998 for personal information on the individual named bellow" form and want £10 admin fee!

Orford

They are entitled to charge £10 for a DPA SAR and in fact without the fee are not obliged to send anything. They're sending the statements for free but are saying if you want any of the other data they hold you will have to send the £10.