Using the Financial Ombudsman

Edinburghlass_2

If you don't have the money through in the 6 weeks stated you need to go back to the FO and get them to chase up the bank.

DotingDad

irn-bru wrote: »

Damn. I was at the point of sending away to the FO when the crap hit the fan. I AM NOT AMUSED!

Now, by the time this "Test Case" has been sorted, will I miss out on a shed load of money(assuming it all works out in favour of the consumer), due to the fact most of my claims were from 6 years ago.

Or... Will I be able to just restart my claim at the point of stoppage?(with interest added)

I'll point out, I never actually got as far as dealing with the FO, but just about(7 weeks since 1st letter to bank) and I had just recieved a "fob off" letter.

Either way, looks like it wont be sorted until Xmas at the very least(or am I wrong?) and here was me hoping I'd have some extra cash for my wedding

Oh well... *sigh*

From the advice given on other threads your best bet is to go to the small claims court, maybe via moneyclaim online.

The Statute of Limitations 6 years will then apparently run from the date of the claim rather than the date of the charges meaning that the early charges will still be reclaimable even if the judge stays the action until after the Test Case.

jasonbonner

I have two questions.
1) My offer, which i accepeted, arrived via the Ombudsman. I understand that i still have 2 mths to accept an offer directly from the bank but, the FOS have suspended all open claims. So, will the bank still pay up or, will this still get stuck at the Ombudsmans office?!?
2) Is there any way i can have the offer paid into an account other than my old bank account? I have an overdraft that will eat up most of the repayment and, a substantial part of that overdraft is MORE ILLEGAL BANK CHARGES!!
IE: They are not actually giving me the money back at all!
HELP, i am confused!!!

angelwillow

Yes to your first question as if an offer is made then it will go through as before but no to the second part I'm afraid. I was in this situation and the FO told me it would get paid into the account claimed for if it was still open - it did and I ended up with half the money due as the rest cleared my overdraft. But it was good in a way as I could remove the credit balance, close my account and tell the bank where they could shove their account - in the nicest possible way of course!

STRUGGLING_ON

I started my claim against Barclay's bank in May.After 8 weeks they responded saying it would be another couple of weeks, a day after that deadline past they said they would respond by the 26th of July. This deadline passed and we all know about Friday the 27th. We started the claim through the Ombudsman and have now complained to them again but I feel we are just another person who will have to wait. Anybody any ideas of what else we can do?

Edinburghlass_2

As your claim is going through the FO you need to ask them what stage your claim is at. If they have sent an offer to the FO then the bank have to honour it and if they hadn't responded to the FO in the due time then they have to deal with the FO.

irn-bru_5

DotingDad wrote: »

From the advice given on other threads your best bet is to go to the small claims court, maybe via moneyclaim online.

The Statute of Limitations 6 years will then apparently run from the date of the claim rather than the date of the charges meaning that the early charges will still be reclaimable even if the judge stays the action until after the Test Case.

Small Claims isn't really an option, as I am claiming back over £4k and in Scotland we are limited to claiming back £750 through the courts... :mad:

Marq_2

and yo can only go back 5 years, you could sue for individual dates and amounts, eg: from 1st april 05 until 1st april 06 and so on

Edinburghlass_2

What you could do is put through a claim for the early years going up to £750 or the £1500 in the higher court thingy, which name escapes me at the moment and then that gets those early years into the system even if you never get to court.

Don't put it through as individual years as some courts construe this as abuse of the system and will only pay one out.

Marq_2

yes but most banks up this way tend to settle before it gets to court meaning for that particular date you have settled, when it gets to that stage you can explain that all you want is all your charges back and inform them of your intensions, or make the process easier and go to CAB, who have amazing contacts and means to get them to pay out, as the are govenred by the dti