Frustrated - Nobody seems to be able to help - FOS

bris

Hi, yes you need to go through the court process, but the ruling from the Ombudsman means you don't actually have to prove your case again, the court upholds their decision. Once the court ruling is done you go through the normal enforcement procedure.

The Ombudsman is not the law and have no power of enforcement but 99 times out of 100 the ruling will be accepted by the other party.

It is unusual that they are not paying which leads me to believe they are in trouble, are they still in business?

treenie01

As far as I'm aware at the moment they are still in business. Our worry is that the court has basically said that because of the process it's likely to be 2 months before it's all sorted by which time they may not be. The frustrating thing is that the whole thing has been going on for nearly two years and it seems like we may as well have gone through the court in the first place which would've been much quicker.

fermi

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=555

http://www.financial-ombudsman.org.uk/publications/factsheets/enforcing-an-ombudsmans-decision.pdf

Because it’s unusual for our decisions to
have to be enforced, many courts and legal representative
s are unfamiliar with the process.

If the ombudsman makes a money award in your case, you or your legal representative can:

• draw the court enforcement office’s attention to section 228(5) of FSMA 2000 which provides that the ombudsman’s
decision is final and binding;

• draw the court enforcement office’s attention to paragraph 16 in schedule 17 of FSMA 2000, concerning the enforcement of ombudsman money awards;

and

in England and Wales

ask the County Court to order that the money award be recovered by execution issued from the County Court as if it were payable under an order of that court

http://www.legislation.gov.uk/ukpga/2000/8/contents

A money award, including interest, which has been registered in accordance with scheme rules may—

(a) if a county court so orders in England and Wales, be recovered by execution issued from the county court (or otherwise) as if it were payable under an order of that court;