Using the Financial Ombudsman

Stephen_Leak

What stage is your claim at?

If you haven't issued a court claim, and if you accept the £750 as a "part payment without prejuduce", you can refer the claim to the FO.

If you've already issued a court claim, you cannot also refer the claim to the FO.

nmcnelis

Thanks. I haven't started any court proceedings yet due to the amount of the claim and the small claims limit in Scotland. Was planning on going to the FO rather than down the court route.

IZZY01

Obviously the're trying to fob you off, knowing that the limit is £750 in Scotland. They probably expect you to stop at that (aye right). Go for the full amount and pee them off!!

Edinburghlass_2

DH60 wrote: »

It depends on your response from the bank. I took 2 letters (Halifax and Bank of Scotland) into the branch last Thursday May 24 and got a reply within 2 days from both.
They both said that an investigation had been carried out and the outcome was that they were denying both claims as the charges were fair. I phoned the FOS, read the main points of the letter out to the man and he said that it sounded like a final decision to him so he sent me out the claim forms. He also told me that there was no need for the second letter threatening court action.

I called the Halifax yesterday to let them know what I was intending and on the offchance that they might make me an offer. They claimed that I had jumped the gun as they hadn't made a final decision so I called the FOS for a second time to make sure. After reading out the letter to her the woman assured me that the FOS would deal with the case as the Halifax had refused my claim. I then sent the claim forms.

Obviously the banks' responses will vary but for any Halifax/Bos customers who have had a reply beginning with "I have carried out an investigation...." and ending with " I am sorry to advise you I am declining your complaint" the FOS will deal with it now.

I'm quoting this post as its a good example of when the FO will take over your case and also its a good idea to tell the bank if you are negotiating with them that you will take your case to the FO.

Please read the update in Martin's article regarding using the FO here...

http://www.moneysavingexpert.com/reclaim/bank-charges#fos

suzy_g

I am bumping this thread as i want to show it to my daughter.
she cant afford the court costs so this looks like a good idea

angelface

Is there some kind of wording template to use on the complaint form? I can't think what to write!

It says stuff like.... 'please tell us what the complaint is about' - do they need the complete story?.

Also it says 'when did the advice or poor service you're complaining about occur? (do you list every charge date?),

when did you first think there was a problem,
when did you first complain and
what do you want the business to do?

I'm worried about getting it wrong!
Jo

gusdud

My initial letter went to the Halifax on the 27th feb, usual stalling techniques, but to cut a long story short recieved a printout of charges £2180.00, but because of the delay (had the non-existant tel no) i rang the FO and they said because the process had taken more than 8 weeks they would make a complaint on my behalf. In the meantime i sent letter no2 to Halifax over 3 weeks ago with no reply as yet.
Has anyone gone through the FO or should i persue the original way i started, any help would be greatly appreciated.

Thanks and good luck to everyone chasing their money.

IZZY01

Hi angelface,
I phoned the FOS to ask for an address for the Bank Of Scotland when I was sending letter for a refund. They sent me a complaint form and it was partially completed as I had given some details over the phone.

Please tell us what the complaint is - Bank charges - Complainant claims the charges applied to this account are unlawful and seeks a refund.

When did the advise, transaction or poor service that you are complaining about occur - The date entered is roughly 2 weeks before I wrote to ask for refund.

When did you first complain - The date that you wrote asking for refund.

What do you want the business to do - This part isn't completed, but I just intend to put - I request that the bank repays all the charges that have been applied to my account as per schedule.

If you have any queries, give the FOS a ring, they are very helpful.- that's what I intend to do. 8 days to go!!

julesdoris

Hi mad hatter,you sound like an old pro at this.lol
I hoped you might be able to advise me,this is the first time claiming back from Nationwide,i have followed all of the steps,in a couple of days Nationwides 14 days will be up to reply before court action is taken.
The thing is should i go the court route,now Martins put the new info up about the ombudsman its thrown me completly.
My gut is telling me court,my heart is saying ombudsman.
Is court a scary procedure?:eek:
HELP PLEASE

jane25_2

I have a Lloyds claim for credit card charges and current account charges can I do these both together via the FOS or would it be two seperate claims?
TIA