Quick Question re successful FOS ruling

melanieconway

Hi

Just a quick question for other FOS success stories (or those in the know). Mainly cos the adjudicator is away over new year!

I made a complaint about a mess up by MBNA (there's a surprise) where they had posted a lot of late payment markers on my credit file incorrectly. The FOS agreed with me and (as far as I know) told MBNA this, however we never came to an agreement on the financial compensation.

As I understand it the compensation is an aside and because they had been judged as in the wrong, they should have corrected my credit file to clear the late payment flags irrespective of whether compensation has been agreed or paid. They havent.

That's my view, and the view as I understood it at the time from the Ombudsman. Is this correct? Are MBNA swinging the lead purely because they haven't been told to pay compensation yet? My view is that the financial compensation is irrelevant, and that they should correct the file anyway as they have been judged as being in the wrong.

Thanks
M

meer53

Don't think anyone on here will be able to answer your question, You'll have to wait for the adjudicator.

melanieconway

Thanks anyway, was hoping someone might have experienced this before

happy_bunny_2

It would also depend when MBNA fix your account in relation to the monthly CRA update or if they make a special CRA update.

FOS usually negotiate compensation with the bank and make you an offer, unless you mentioned a specific sum. That's what happened to me a few times.

melanieconway

happy_bunny wrote: »

It would also depend when MBNA fix your account in relation to the monthly CRA update or if they make a special CRA update.

They have had 6 months to fix this and it still hasn't happened so it's not a case of me being overly keen, sadly. Thanks for the advice btw

happy_bunny_2

That's slow even by their standards

You need to go back to the adjudicator at the FOS.

Good luck

HB

melanieconway

happy_bunny wrote: »

That's slow even by their standards

You need to go back to the adjudicator at the FOS.

Good luck

HB

Thanks HB, hopefully we'll get it sorted as I don't want it affecting my mortgage application!

happy_bunny_2

If that's the only blip on your file, I would make sure that you tell the FOS this as well as your pending mortgage application.

HB

melanieconway

happy_bunny wrote: »

If that's the only blip on your file, I would make sure that you tell the FOS this as well as your pending mortgage application.

HB

I have isolated cases of late payments but not many. It's MBNA causing the problem. I am a complicated case as I am a contractor so only one bank will loan to me so it's crucial I get this sorted asap. The broker is submitting my credit report before the application so they can advise without going through the full app whether they'd have issues.

Worst case scenario I hope is that I have to wait c.1.5 months for MBNA to update the file and just hang on in with the house purchase til it's sorted.

happy_bunny_2

They can update your file instantly, should they feel the urge to...

melanieconway

happy_bunny wrote: »

They can update your file instantly, should they feel the urge to...

:rotfl: Famous last words...this is MBNA we are talking about