Ombudsman Claim

ruthdvs

In the part where it says about Court Action already taken. What do you put if they have taken you to court to recoup their money? I have not gone with my claim as courts ruled when I was going to but they had taken me to court. What do I answer here?

shortchanged_2

Can you please try rewriting so it makes sense.

dunstonh

It may be better if you put that in context and explain it a bit. What is your complaint and what legal action has taken place?

If its bank charges and your claim was thrown out then you just say that. The FOS will throw it out as well, as it says on their website, unless its about incorrect application of charges or hardship criteria.

Premier_2

I think the OP is asking for advice on how to complete the FOS complaints form, in particular the question:

§ Has there been any court action relating to your complaint (or is any planned)?
* If YES, please enclose copies of relevant paperwork.

By the sounds of it, the OP didn't take their claim to court as the Supreme Court had already made their ruling. However, if I understood that incorrectly and the OP did make a claim, (even if it was stayed and/or possibly subsequently dismissed) then the answer should be 'yes' and you should provide a copy of the relevent paperwork.

With regards the banky making a claim against the OP, I suspect that wasn't directly relating to the dispute the OP now has with the bank.
e.g. the bank may have made a claim for the amount owed on the account. That would be different to what I presume the OP is now claiming, i.e. for the refund of bank charges.

What I don't understand though is the actual basis for claiming the refund :huh:
If it is on the basis of genuine financial hardship, then the OP should never have even considered taking their claim to court anyway. (and regarding the case brought by the bank, presumably the OP pleaded financial hardship in their response to repay over time)
If the OP's claim is not based on financial hardship (or a clear error by the bank) then there's no point complaining to the FOS.