MBNA Claim Upheld Now What

simon_the_poet

Just diarising my experiences with this

Just got off the phone with the FOS,
Firstly a very nice lady said that although my claim had been upheld in the first assessment they would have to await MBNA to respond before they could do anything further. I then pushed a little asking how long we would have to await MBNA, she said that she did not know, I then repeated that I had been waiting since last June, she then went to ask a colleague.
When she came back she said the matter had been passed to the post assessment team and that they would chase it up for me, she said that MBNA had failed to respond so they had lost their right to appeal. Good news you would think. But hang on.
I then asked what happens if they ignore this, the disappointing response was that they were unable to act unless it was referred to the ombudsman (square one).
Struggling to keep calm I asked her to explain, she said that there may be other circumstances that the ombudsman may want to know and that MBNA would want to present.
I said, but I thought you said they had lost their right to appeal, this would be an appeal.
Eventually I conceded defeat and said I would leave it another month and get back to them.

huwjohn

The Financial Ombudsman cannot "enforce" anything. The FOS is an independant arbitrator who regulates most banks and yes, they are a shark with no teeth. They fine firms when they can't come to an agreement with their customer and the fine is a charge to arbitrate for them when the dispute last longer than a set timescales.

The fact is they can't enforce anything and you will have to resign yourself to wait. Using terminology like "enforce" and "deploy" is threatening by the way and could land you in trouble - You sound like your talking about a war enforcing strategic movement and deploying soldiers. This is not going to get your money any faster and it is probably annoying people to the extent that they are reluctant to help you.

You will have to resign yourself to wait!

simon_the_poet

huwjohn wrote: »

The Financial Ombudsman cannot "enforce" anything. The FOS is an independant arbitrator who regulates most banks and yes, they are a shark with no teeth. They fine firms when they can't come to an agreement with their customer and the fine is a charge to arbitrate for them when the dispute last longer than a set timescales.

The fact is they can't enforce anything and you will have to resign yourself to wait. Using terminology like "enforce" and "deploy" is threatening by the way and could land you in trouble - You sound like your talking about a war enforcing strategic movement and deploying soldiers. This is not going to get your money any faster and it is probably annoying people to the extent that they are reluctant to help you.

You will have to resign yourself to wait![/QUOTE

You seem to more than they do.
According to them they can, "enforce", it is just that the matter has to be put in front of the ombudsman, apparently most companies settle on the assessment, not so in the cases on here.

As for "landing myself into trouble", I am not sure which planet you come from, but in this country, when we are treated badly we are allowed to complain. We don't get "into trouble" for it.

I will continue to annoy people who give poor service, if it is OK with you, as I hope will many others.

simon_the_poet

Just a quick Google revealed this the Co-op seem to have been doing something similar and have just been fined via the FSA

http://news.mortgagerates.org.uk/co-operative-fined-over-ppi-mis-handling/

huwjohn

The point you seem to be missing is, you are experiencing difficult in getting them to enforce anything - the reason for that is, they can't.

The Financial Ombudsman Service is the statutory dispute-resolution scheme set up by parliament under the Financial Services and Markets Act 2000. They also have powers under the Consumer Credit Act 2006.
They are a not-for-profit public body – but not a government agency or "quango". They are independent of government and the businesses they cover.

You are well within your rights to raise a concern or complain, but you are not within your rights to intimidate staff or abuse people who go to work for a living. You need to remember that these people you are speaking to are earning an honest living and are just telling you the position. As you said earlier, you spoke to a nice lady. "I will continue to annoy people who give poor service" - but in this instance she didn't. Why would you want to annoy someone anyway when they're just doing their job and earning a crust like the rest of us? If that means i'm not living on this planet, i'm glad because I really wouldn't want to be like that!

Complain and raise a concern by all means by don't try and "deploy" tactics to "annoy" people because you are unhappy. Just because you are unhappy, doesn't mean you have to make other people miserable!

simon_the_poet

huwjohn wrote: »

The point you seem to be missing is, you are experiencing difficult in getting them to enforce anything - the reason for that is, they can't.

The Financial Ombudsman Service is the statutory dispute-resolution scheme set up by parliament under the Financial Services and Markets Act 2000. They also have powers under the Consumer Credit Act 2006.
They are a not-for-profit public body – but not a government agency or "quango". They are independent of government and the businesses they cover.

You are well within your rights to raise a concern or complain, but you are not within your rights to intimidate staff or abuse people who go to work for a living. You need to remember that these people you are speaking to are earning an honest living and are just telling you the position. As you said earlier, you spoke to a nice lady. "I will continue to annoy people who give poor service" - but in this instance she didn't. Why would you want to annoy someone anyway when they're just doing their job and earning a crust like the rest of us? If that means i'm not living on this planet, i'm glad because I really wouldn't want to be like that!

Complain and raise a concern by all means by don't try and "deploy" tactics to "annoy" people because you are unhappy. Just because you are unhappy, doesn't mean you have to make other people miserable!

I have never been abusive nor do i wish to make others lives miserable, I just want my claim handled within a reasonable time frame for gods sake.
If the ombudsman is not doing his job right or if MBNA are dropping the ball , then i will complain , sorry if it upsets you, but it is my right.
By the way it is possible to use the FSCS as a legal cause of action in a dispute such as this , would you like me to look up the section ?

huwjohn

I don't understand why you seem to keep inferring that I am upset. This is your dispute not mine and it does not upset me in the least..

You asked a question, but you don't seem like the answers your being given. Yes I agree with you in so far as it is frustrating that the timescales are being ignored, but if you have been to the Ombudsman and approached the company. What else can you do? I never even mentioned the FSCS at any point in any communication i've had with you. I have only mentioned the FOS.
The PPI complaints charade is ongoing with trillions of people complaining every month. The timescales are barely adequate and those who are harp on and harp on are only tying themselves up in knots because their just making themselves annoyed when they can't do much about it. There is also no regard for the intense pressure staff are under when people like you call and call. If you spent less time calling and let them get on with it, your case would have been dealt with quicker. I'm not suggesting you alone are responsible for this but trillions of others who are doing the same thing. How can they answer a trillion calls and deal with your complaint quickly? It's unfair to expect that they can and the staff can't work miracles. Leave them to get on with it!

simon_the_poet

Martin Lewis the creator of moneysavingexpert.com, a comparison website, said that the Co-operative fine “shows that even mutual organisations have mis-behaved when it comes to payment protection insurance”.
A spokesperson for the Co-operative bank stated that “the bank recognises that during the relevant period it put some complaints on hold. Our strong reputation with in the banking sector has been built upon doing the right thing by our customers but in this instance our procedures have fallen short of the high standards rightly expected of us”.
It was however the banks first ever penalty from the Financial Service Authority (FSA) and in fairness no customers suffered any financial loss. Although the banks actions at the time did mean that many customers had their valid complaints delayed for no good reason.
Therefore the bank agreed to settle at an early stage of this particular investigation, thus meaning that they qualified for a 30 per cent discount on their fine and with out this discount the fine would have been £161,910.

simon_the_poet

huwjohn wrote: »

I don't understand why you seem to keep inferring that I am upset. This is your dispute not mine and it does not upset me in the least..

You asked a question, but you don't seem like the answers your being given. Yes I agree with you in so far as it is frustrating that the timescales are being ignored, but if you have been to the Ombudsman and approached the company. What else can you do? I never even mentioned the FSCS at any point in any communication i've had with you. I have only mentioned the FOS.
The PPI complaints charade is ongoing with trillions of people complaining every month. The timescales are barely adequate and those who are harp on and harp on are only tying themselves up in knots because their just making themselves annoyed when they can't do much about it. There is also no regard for the intense pressure staff are under when people like you call and call. If you spent less time calling and let them get on with it, your case would have been dealt with quicker. I'm not suggesting you alone are responsible for this but trillions of others who are doing the same thing. How can they answer a trillion calls and deal with your complaint quickly? It's unfair to expect that they can and the staff can't work miracles. Leave them to get on with it!

I find it difficult to see the point you are trying to make. are you saying we should all stop complaining about bad service, and that this will somehow improve that service. If so I must disagree, experience tells me otherwise.

Or are you running interference for the banks perhaps ?

If so the question must be asked. Why ?

huwjohn

No. I am not suggesting that you should stop complaining. You have a right to complain and raise a concern but to put things in perspective - you've gone to the FOS who have stated that they have yet to recieve a response regarding the complaint from the lender and until that happens.. you will have to wait!

You are now cross with the FOS (who have done nothing but act for you for free and tried to come to an amicable conclusion with your lender) but they are experiencing the same problems you faced. Your argument was that you want them to "enforce" the company to act in some way, but what I was trying to get across to you is that they can't force a company to do anything. If the company delays, they will get fined but once a fine has been opposed all the FOS can do is keep fining them, but you don't get compensation - the FOS do!