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Faster Payment gone Missing?

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  • Interesting.
    I was under the impression that any attempts at court action prior to going through the FSA's complaints proceedure (bank complaint then on to FOS) would be thrown out by court at the start.
  • No not at all, i reclaimed most of my bank charges this way in the early days, although admitedly none of them actually got to court. Also PPI.

    I think as long as i gave them a reasonable time to remedy, before commencing proceedings it would be OK.

    I think i may go for a mixture of both.

    Put in a formal complaint but warn them that i am not willing to wait for two months.


    Maybee
  • opinions4u
    opinions4u Posts: 19,411 Forumite
    Interesting.
    I was under the impression that any attempts at court action prior to going through the FSA's complaints proceedure (bank complaint then on to FOS) would be thrown out by court at the start.

    You can bypass the FOS and go to court at any time.

    That said, some courts may take a dim view of such an approach where it appears hasty or frivolous. One outcome could be to rule in favour of the customer but make no award of costs against the bank or building society.

    You will be more likely to get proper compensation via the FOS. A court will just get you your money back.
  • opinions4u wrote: »
    You can bypass the FOS and go to court at any time.

    That said, some courts may take a dim view of such an approach where it appears hasty or frivolous. One outcome could be to rule in favour of the customer but make no award of costs against the bank or building society.

    You will be more likely to get proper compensation via the FOS. A court will just get you your money back.

    Hi
    Yes I agree but the complaint process has to have a very wide spectrum and cannot be appropriate for all situations.
    I think the court would recognise that the loss of this money may require a more immediate remedy.
    Frankly I am not bothered about making a profit on this error I just want my money back.
    Simon
  • simon_the_poet
    simon_the_poet Posts: 186 Forumite
    Part of the Furniture Combo Breaker
    edited 2 September 2011 at 4:43PM
    Gone off today by secure email, lets see what happens

    Dear Sirs

    Ref Account*******
    On the 25th of August I made a number of transfers from the Nationwide Bank (see statement below), however one of the transfers did not show on the destination account.
    £200 was lost in the transfer………………………………………………………………………………………………………………………………………………………………..
    Please regard this as a complaint made under your official procedure.
    I am not however prepared to wait 8 weeks until I can escalate this complaint further with the FOS, as you can appreciate this money is required in order for me to meet my various commitments and needs to be refunded as a matter of urgency.
    I will hold you accountable for any and all expenses caused by your error. Please consider this also as a letter before action, this means that I may pursue this debt and any other costs incurred, via the small claims court if it is not resolved before the 16th September.
    Simon
  • Hi
    £200 just appeared in my account, no note in my message box just an acknowledgement of my complaint.
    Probably just a coincidence, don’t care really. It’s all good.
    Simon
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    Good news, I'm glad you've got your money at last. Has it appeared in your Tesco account or returned to your Nationwide one? If the fact that it wasn't in your Tesco account when you expected it to be has caused you any additional costs I would definitely seek to recover those (probably from Nationwide). If not then you'll have to decide if it's worth the hassle to chase them for an explanation of what happened.
  • Hi
    It turned up in the Tesco account, fortunately it didnt cause me any problems, this would have been a different story had it been a week later however.

    Like i said not bothered about compensation, but i would like to know what happened purely out of interest.
    Simon
  • Do you know then if the money actually arrived or whether they have given you the money as a result of your complaint?
  • Do you know then if the money actually arrived or whether they have given you the money as a result of your complaint?

    Hi

    No i can't say, except the transfer was made by faster payments, not any other means, and it took 8 days. Perhaps i will hear something Monday

    Simon
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