Virgin Credit card/Section 75

dazza.mk

Atidi wrote: »

I suggest you make a complaint, not to the FOS, but about the FOS

Here's details of the FOS complaint procedure (to complain about the service you receive from the FOS):
http://www.financial-ombudsman.org.uk/publications/factsheets/complaints-about-our-service.pdf

If you are still not happy with the service the FOS have provided, then you can ask the independent assessor to look at it for you. (details in the link)

Good luck!

Note the Independent Assessor only looks at the process the FOS followed though, not the actual decision itself.

Atidi

dazza.mk wrote: »

Note the Independent Assessor only looks at the process the FOS followed though, not the actual decision itself.

That's ok, because it sounds like the process followed was wrong if the FOS are giving out incorrect legal information

The independent assessor is appointed by the board of the Financial Ombudsman Service to take an independent view on whether the ombudsman service provided a reasonable service in its investigation into a complaint about a financial business.

A service complaint is about the practical handling of a case such as efficient administration, following the correct process, keeping track of correspondence and case papers.

If you have made complaints that that (sic) the independent assessor cannot look into she will explain why she can’t.

The independent assessor examines the ombudsman service’s case file and records and writes to you with a summary of the main points in the ombudsman service’s investigation and comments on the service complaints you asked the independent assessor to look into. The independent assessor says whether she thinks the ombudsman service did a reasonable job in handling your case and whether it followed its normal processes.
If the independent assessor finds significant problems, she can make recommendations that apply to your particular case for example that the ombudsman service:

• writes to you to explain something
• lets you have copies of documents that it used to reach its decision
• pays compensation to you if if the ombudsman service caused avoidable distress and inconvenience by handling your case poorly. Compensation amounts are the same as the ombudsman service would award against a financial services business in similar circumstances. You can see examples at on the ombudsman service’s website (read more). The average amount recommended last year was £267, and sums have ranged from £25 to £850.

chanz4

They are correct Im afraid, when you buy on hp you are not actually buying from the merchant but infact the finance company and the merchant sells to the finance company.

This has been confirmed also to me by trading standards

eddddy

chanz4 wrote: »

They are correct Im afraid, when you buy on hp you are not actually buying from the merchant but infact the finance company and the merchant sells to the finance company.

This has been confirmed also to me by trading standards

I think, you're confusing two different concepts. Had the OP bought on HP, what you say would be correct.

But it looks like the OP bought using a credit agreement (which is essentially a loan).

i.e. the OP bought the TV from Comet, and borrowed £500 from Santander to pay for it. The OP owns the TV, Santander never has.

So the previous advice in the thread is correct.

chanz4

don't take my word, ask trading standards, SUPPLY OF GOODS (IMPLIED) TERMS ACT 1973

eddddy

chanz4 wrote: »

don't take my word, ask trading standards, SUPPLY OF GOODS (IMPLIED) TERMS ACT 1973

Umm... please re-read my post #25.

I'll restate it more clearly:

What Trading Standards told you is correct.

But it is not relevant to the OP because he hasn't bought anything on hp. The OP had a credit agreement.

If you like, you can phone your contact at Trading Standards and ask the following question:

"Is a credit agreement the same thing as a hire purchase (HP) agreement?"

The answer will be "no".

HTH