No Joy with the FOS, Where do I go from here?

RedRick333

Hi folkes.
I need advice.
I made a attempted to reclaim Unfair Bank Charges while with Santander under claim under the Financial Hardship case.
Santander admit knowing I was suffering financial hardship in 2009 and yet continued to pile on huge Bank charges regardless for another 2 years!
They refused to pay me back for the charges made. So I took the matter to the FOS confident I would win, but incredibly, they have found in Santander's favour.
I believe that Santander may have acted within the law, and perhaps even within the lending code (If you bend the code enough) but not within the spirit of the Lending code or the supreme court ruling on being sympathetic with people who are suffering financial hardship. I'm looking for a bit of advice here guys, if anyone has taken a case like this to small claims court; I would love to hear from you.

Thanks.
(Please be nice to this 1st time poster)
Rick

Atidi

RedRick333 wrote: »

Hi folkes.
I need advice.
I made a attempted to reclaim Unfair Bank Charges while with Santander under claim under the Financial Hardship case.
Santander admit knowing I was suffering financial hardship in 2009 and yet continued to pile on huge Bank charges regardless for another 2 years!
They refused to pay me back for the charges made. So I took the matter to the FOS confident I would win, but incredibly, they have found in Santander's favour.
I believe that Santander may have acted within the law, and perhaps even within the lending code (If you bend the code enough) but not within the spirit of the Lending code or the supreme court ruling on being sympathetic with people who are suffering financial hardship. I'm looking for a bit of advice here guys, if anyone has taken a case like this to small claims court; I would love to hear from you.

Thanks.
(Please be nice to this 1st time poster)
Rick

Court is the only place you can take your claim when both the bank and the FOS have dismissed your claim.

Have you read the MSE article? It does say no one has reported any success in court over such a claim, despite multi-millionaire, Dr Lewis (admittedly he didn't have a doctorate at the time) having spent a small fortune getting some of the best legal advice in the land to compose the article. Will you be the first?

dunstonh

I made a attempted to reclaim Unfair Bank Charges while with Santander under claim under the Financial Hardship case.

Since the banks won the supreme court case, there have been no known successes on "unfair" bank charges. The only time they consider charges nowadays is incorrect application of them or current financial hardship or goodwill refunds (eg first time error). When making a financial hardship requests, you must avoid using phrases like "unfair charges".

Santander admit knowing I was suffering financial hardship in 2009 and yet continued to pile on huge Bank charges regardless for another 2 years!

So, this is historic hardship and not current hardship?

So I took the matter to the FOS confident I would win, but incredibly, they have found in Santander's favour.

FOS wont rule on "unfair" charges complaints and can only encourage the bank to treat you fairly with regards to current financial hardship. If it is historic, then you would expect not to win your complaint.

I'm looking for a bit of advice here guys, if anyone has taken a case like this to small claims court; I would love to hear from you.

There are many people that would like to hear. As would the media as its been dead since the court case was one. That is unless you are lucky enough to get locked in an interview room and harassed (only known success).

wayjay76

Hi
I have been dealing with my dads claim for ppi on both loans and mortgages. We received compensation for a loan but were refused by the bank to compensation on his mortgage. We followed the advice set on this site and pursued the issue with the ombudsman. I wrote to them in the first instance and was asked to fill in their questionnaire and return it to them. After gathering as much evidence and information as we could, we sent the completed documents to them by recorded delivery. They then sent out the same forms for us to resubmit claiming not to have received them via the recorded delivery. Again we took the time to complete the questionnaires this time as requested that each mortgage/complaint be separated out so that each claim could be dealt with. We sent this off and heard nothing. We then liaised with a representative via email to get an update about our case where we were told had been received and was currently being processed before being allocated to a case worker. After not hearing for well over 4 weeks, we attempted to contact them again only to be told that they hadn't received our information. This somewhat threw us as, we had spoken to staff on the helpline who were able to identify our case with the dates and banks that we were complaing about yet they still claimed to not have the relevant information! How they would know so much about our case if they had not received our complaint is a mystery. We tried then on numerous times attempted to contact them both via email and the helpline but to no avail until yesterday when, my dad received an email to say that they are a financial institute and do not deal with banks??? I am somewhat confused by what exactly they do deal with if it isn't dealing with banks and other financial companies. We appear to be getting nowhere with it all and don't know how to move this case forward if even the obudsman doesn't recognise one, the fact that a complaint about a bank and its mis selling of PPI is not a financial issue and two, the fact that they don't appear to have any knowledge to locate cases logged with themselves. I really don't know where to go with this now and any help with this would be greatly appreciated.

antrobus

You probably should have started your own thread for your question. But never mind.

wayjay76 wrote: »

.....I have been dealing with my dads claim for ppi on both loans and mortgages. We received compensation for a loan but were refused by the bank to compensation on his mortgage. We followed the advice set on this site and pursued the issue with the ombudsman....

That bit I get.

wayjay76 wrote: »

....We tried then on numerous times attempted to contact them both via email and the helpline but to no avail until yesterday when, my dad received an email to say that they are a financial institute and do not deal with banks??? I am somewhat confused...

You're not the only one. Either you've been in contact with somebody other than the FOS, or you've mis-interpreted their response.

Perhaps if you supplied some specific detail regarding the complaint regarding the PPI on the mortgage, more assistance would be forthcoming.