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Financial Fight Back Guide discussion

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Financial Fight Back Guide


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  • fishejfishej Forumite
    1 posts
    Advice please...

    August 2008 I wrote to the FSO because I felt I had exhausted the possibility of Barclays addressing a complaint I had made in respect of how they managed an ISA I held with them.

    In January 2009, despite telephone calls as well as written responses from the FSO my specific query was not answered and I asked for this to be transferred for an Ombudman to deal with it. Since then every month I have had the same standard letter stating that they are dealing with my complaint and will contact again.

    A few months ago I sent another letter asking the same question and pointing out how long it was taking to deal with my complaint. They were unable to tell me when an Ombudsman would be appointed.

    Now it is the first anniversay of my complaint being lodged with the FSO.

    What should I do next? Is there somehow I can complain to the FSO?

    Any advice would be appreciated.
  • dunstonhdunstonh Forumite
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    Is there somehow I can complain to the FSO?

    You can complain to the FOS about the FOS. The address is on their website.

    Delays are not uncommon at the moment. Many are reporting 12-18 months for their complaints.

    If you choose not to accept the decision of the adjudicator and request it to be referred to an ombudsman then you should expect a further delay as there are fewer of them.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Hi, I have read the Financial Fight Back Guide, but I would also point out that the FOS route is NOT a quick solution.

    I have a default which I believe has been applied unfairly and obviously I am desperate to get it removed. I initially wrote to the FOS on the 16th of September last year, I chose not to accept the decision of their adjudicator in January and my case was passed onto the ombudsman. Finally at the beginning of July I got a provisional decision from him. This morning I got an email to say that they have a response from my bank and they will be making a final decision 'as soon as possible'.

    Like Fishej before I got the provisional opinion in July I just received monthly letters telling me that I was in the queue for the Ombudsman to review my case. So i would say to you Fishej to hold on in there, it's crazy that you've been waiting so long but hopefully it will be worth it.

    I have a feeling my case will go to a full year, but the provisional decision from the ombudsman was that the default should be removed, so hopefully this will go in my favour, I think had I waited a year and had no result I would feel very very bad about it.
  • The problem is i have the same problem.
    I even have a contact at the FOS and the replies are - we do not have your paperwork - please resubmit them. Or what were the banks again etc. etc.

    Therefore, if it is constantly lost - when does that one year start from? The date they stop messing me around or the date I originally sent the paper work i.e. one year to date.
  • Must admit I found the Ombudsman great, yes it takes time but they are very thorough. In my case the company, Lloyds, refused to accept the adjudicator's decision in my favour so it had to go to an Ombudsman. All in it took over a year but much of the delay was due to Lloyds intransigence and determination not to pay quite a large insurance claim. In any event the FOS kept me in touch with what was happening and were very professional. I have no complaints at all.
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  • :confused:We have just won our case against CitiFinancial. The FOS gave them 4 weeks to repay to us the PPIs plus interest plus compensation. The 4 weeks has come and gone Citi have sold the loan to CAPQUEST on 28/9/09 and the FOS cannot do anything about it even though they inform us this was illegal and did not conform to regulations. We must point out the case was dealt with by the Ombudsman himself. Also we had until the 27/10/09 to accept the Ombudsman decision.
    What do we do now?
  • dunstonhdunstonh Forumite
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    MANSHEZ wrote: »
    :confused:We have just won our case against CitiFinancial. The FOS gave them 4 weeks to repay to us the PPIs plus interest plus compensation. The 4 weeks has come and gone Citi have sold the loan to CAPQUEST on 28/9/09 and the FOS cannot do anything about it even though they inform us this was illegal and did not conform to regulations. We must point out the case was dealt with by the Ombudsman himself. Also we had until the 27/10/09 to accept the Ombudsman decision.
    What do we do now?

    Companies are allowed to sell off parts of their companies to others and its not illegal. Also, failure to comply with an FOS ruling is not illegal either. Although the company runs the risk of action from the FSA which can lead to being struck off. If it was illegal, then the special branch would be investigating the crime at the moment.

    So, I'm afraid that bit of info you were given was wrong.

    The sale would either mean citi kept the liability or the liability went to the new owner. Whoever has the liability is the one that should pay you. You need to ask which one has it. I would suggest you contact Citi first.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Thank you for your response. We have contacted the Ombudsman and they have told us that Citi is liable to pay the redress. Having spoke to Citi the person who answered the phone didnt know who the Ombudsman was!!!! and gave the number of their head office. Guess what? It was CAP QUEST who answered, they stated when they bought this from Citi they werent aware of any dispute.
    Even though the Ombudsmans office have got a taped conversation of Citi admitting liability it is now back to us to start arguing with them again and what chance do we have when the people who they employ dont even know what the Ombudsman office is?
    CAP QUEST are now badgering us constantly for payment on an amount that we dont even owe.:confused:
  • dunstonhdunstonh Forumite
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    You could consider contacting the FSA and telling them that the FOS have upheld a complaint and Citi are not paying out and now want you to go through the complaints process again. What they are doing is a breach of FSA rules and whilst the FSA will not investigate your complaint, they do often look into rule breaches.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • edited 6 November 2009 at 12:00AM
    jamesdjamesd Forumite
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    edited 6 November 2009 at 12:00AM
    Get a Citi contact from Cap Quest. Send the same letter to both of them informing them that they are to sort out which of them is responsible for complying with the Ombudsman's ruling within 28 days or you will report both to the FSA (for the insurance) and Office of Fair Trading (for the loan) as an indication of lack of fitness to be authorised and take both to the county court for the court to sort out which of them is to pay. The court is where you go to get the money if a company fails to follow the ombudsman ruling. You seek the amount of the ruling plus an order to cease trying to collect future payments on the PPI plus costs.

    In addition you write to Cap Quest reminding them of the FOS ruling and that it will be an unfair debt collection practice for them to pursue you for the payment when they know that there is a FOS ruling that it should not be collected.

    You can contact your local trading standards department and Consumer Direct for assistance with the process.
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