Barclays disputing FOS decision - what to do next?

JamesG1980

I submitted a PPI claim to Barclays which was rejected in May 2012. I then raised a complaint with the FOS toward the end of October 2012. close to the 6 month limit i know due to personal reasons but still in time and the FOS accepted my complaint.


The FOS found in my favour and informed Barclays but Barclays are disputing the validity of the claim apparently due to the dates. I believe the FOS did not initiate contact with Barclays until Dec/Jan due to a delay caused by some paperwork they requested I fill in appearing to have becoming lost in the post when I returned it and Barclays are questioning why it took them so long to start the case.


This is the situation I have been in for the last year and it is not going anywhere. the FOS have told me as far as they are concerned the claim IS within the required timeframe and they have contacted Barclays to say so but Barclays are not responding to them. The last time I spoke to the FOS a week ago they suggested I write to Barclays myself but I am not sure what to say. any advice??

[Deleted User]

FOS referrals can take in excess of eighteen months from the time your complaint is received.

Delays like this are the norm not the exception and the Bank are perfectly within their rights (as you are) to appeal a FOS decision

I don't know why the FOS call centre suggested you write to Barclays, as the Bank will not communicate with you about the matter once the complaint has been referred to FOS.

There is nothing you can say or do to hurry the process and it's likely to be many more months before the appeal reaches an actual Ombudsman.

If I were you, I'd cease chasing FOS about this and only contact them sporadically to see if there are any new developments.

magpiecottage

Moneyineptitude wrote: »

I don't know why the FOS call centre suggested you write to Barclays, as the Bank will not communicate with you about the matter once the complaint has been referred to FOS.

Because FOS employees are in positions above their level of competence?

quaybab

The rules are you have to notify the FOS within 6 months. If the Barclays final word was at the start of May but you complained to FOS at the end of October 2012, it may push the case 2 weeks outside grey period where in experience companies don't biatch about.

It has nothing to do with how long the FOS took to deal with your case, if they flushed your case files down the bog and you forgot about it for 2 years, its immaterial - its all about the FOS date of receipt.

Ask the FOS to setup a secure email account so you can email them and prevent 'postal' loss - see http://www.financial-ombudsman.org.uk/publications/ombudsman-news/74/74-ask.htm

At the moment, it looks like your case is post adjudicator provisional assessment. Service users are given a month to accept opinions/decisions.
If a party does not respond, it still must be progressed and its not your responsibility to chase Barclays for FOS case progress.
Your are entitled to an Ombudsman’s decision, specifically on the dates issue.

Don't forget, you are also entitled to the case file sent by Barclays - see http://www.whatdotheyknow.com/request/entitlement_to_viewhear_all_evid

You could

a) Ask the FOS for an acceptance form, sign it and email it back to them. Barclays then have 4 weeks to pay. Send an email to Barclays telling them you have accepted FOS provisional assessment and your suing them in court for the money owed.

b) Ask the FOS what position you are in the line for final decision and keep on top of them.

Email addresses for Barclays to try are at http://forums.moneysavingexpert.com/showpost.php?p=65535821&postcount=8

You can always complain about FOS service but you will loose your case.

[Deleted User]

quaybab wrote: »

Send an email to Barclays telling them you have accepted FOS provisional assessment and your suing them in court for the money owed.

This is unlikely to work.

sun73

magpiecottage wrote: »

Because FOS employees are in positions above their level of competence?

A bit off topic but there was a very interesting item on BBC2's "Your Money" programme two weeks ago and the presenter said that all telephone calls to FOS are responded to by an adjudicator.


Back to the post, have you or FOS got an actual record of the date your complaint was posted and received?

dunstonh

sun73 wrote: »

A bit off topic but there was a very interesting item on BBC2's "Your Money" programme two weeks ago and the presenter said that all telephone calls to FOS are responded to by an adjudicator.


Back to the post, have you or FOS got an actual record of the date your complaint was posted and received?

Adjudicators do not man the phones.

sun73

According to the programme an adjudicator answers calls in the ppi dept

-taff

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/83/83-are-you-the-complaints-people.htm

WatchMan

sun73 wrote: »

According to the programme an adjudicator answers calls in the ppi dept

You are right. (as was the programme from the sounds of it)

This was discussed on here some time ago and a document was posted which showed that adjudicators will answer the phones in PPI. The situation is a little different in other areas at FOS - they have a branch called CCD, which is what the link in the post above is about.

[Deleted User]

sun73 wrote: »

the presenter said that all telephone calls to FOS are responded to by an adjudicator.

If they manned the 'phone lines, what time would they get to adjudicate?

If that was true, the waiting time at FOS would likely be decade rather than eighteen months!:)

The call centre operators are called "consumer advisers", but they are not qualified to be adjudicators. Adjudicators may call complainants about specific issues concerning individual complaints, but they don't answer general enquiries.