Challenge in an ombudsman ruling in court

dumpyboy

Has any one on here had any luck getting an ombudsman ruling change in court please, had a free appointment with a solicter they say it s good chance of getting my accounts( mbna arrangement 12 plus 6 years) overturned as it breaks the rules on credit reporting,worrying about the cost

chanz4

Min of a few grand

fermi

Would provably need to get a consumer issue interested lawyer to take on the issue?

As Grace in Grace & Anor V BlackHorse did I think? - https://consumercreditlitigationanddebtcollection.wordpress.com/2014/10/31/grace-v-blackhorse-court-of-appeal-ruling-my-view-as-the-fee-earner-responsible-for-the-case/

Ben8282

I thought that the idea of an ombudsman was that both parties involved would agree to be bound by his decision?
Are you saying that you had an arrangement to pay which lasted 18 years and you think that it is against the rules for them to report it for the entire duration or was it an arrangement to pay which lasted 12 years and remained on your credit file as settled for a further 6 years? What was the problem exactly ...
If you go to court and loose you will find yourself owing far more than whatever the amount of your 18 year old default was ....

dumpyboy

Had two accounts I entered an arrangement in late 2007 which should have lasted 12 years one was fully re paided in sept 2014 and one in July 2015 ,they are still reported on my credit file as an arrangement with a red 6 every month (defaulting on a monthly payment ) they credit 1 pound and then debt a pound ombudsman ruled as I willing enter in to the agreement it can reported for the duration I e till about 2025 , it totally destroys my credit file can not even get a full current account. I did not sign To except ombudsman ruleing

Ben8282

You entered into an arrangement to pay over a period of 12 years. You made an early settlement and the amount is now fully repaid. The arrangement is therefore now concluded as full payment has been made and must now be marked as settled.
You say they credit a pound then debit a pound and insist that they want to keep reporting until 2025. But WHY? What possible motive can they have for doing this? The account is settled; they have got their money. This appears like some sort of insane vengeance ... perhaps the Experian rep can help as they are clearly not reporting the true state of the account.
But remember the settled account will stay on your report for another 6 years although any entries which do not reflect the true state of the account could probably be amended.

fermi

Ben8282 wrote: »

I thought that the idea of an ombudsman was that both parties involved would agree to be bound by his decision?

A final decision by the FOS is binding on both you and the business if YOU accept it. If YOU do not accept it then it is not.

dumpyboy

Ben8282 wrote: »

You entered into an arrangement to pay over a period of 12 years. You made an early settlement and the amount is now fully repaid. The arrangement is therefore now concluded as full payment has been made and must now be marked as settled.
You say they credit a pound then debit a pound and insist that they want to keep reporting until 2025. But WHY? What possible motive can they have for doing this? The account is settled; they have got their money. This appears like some sort of insane vengeance ... perhaps the Experian rep can help as they are clearly not reporting the true state of the account.
But remember the settled account will stay on your report for another 6 years although any entries which do not reflect the true state of the account could probably be amended.

b

I was hoping when both accounts were cleared they would end the reporting , but it s still red 6 sept and oct , went o ico but they would not answear still have not suggested fos total waste of time ,think it s unfair they say I am still defaulting on payment, wanted to know if any one has ever had any luck when a ombudsman ruled what the company is during okay, had a free appointment got to pay if I go back , they tell me I have a cast iron case as it breaks the princble of data reporting, seems mad the ico makes rules but do not look at them if some one breaks them

dumpyboy

Had a letter today from the solicter said to say they have a ruleing from the ico to say that the accounts should not be shown in arrears as there is no money owning money owing so no arrears , they say that entering in to an arrangement to pay x amount for so many months and agreeing it with them contustutes a re schedule agreement which means they can have a header special arrangement but if the payments where made as the new agreement it should show up to date not 6 ,
Where do this leaves me now when I wrote to he ico 3 years ago they referred me to fos which rejected it the solicter wants to go further to try and get it changed but the bill is all ready 575 plus vat

What's next

Westminster

The problem is that the ICO guidance is exactly that - guidance and so not binding.

I got screwed over by MBNA too and the FOS also sided with them. Fortunately despite not defaulting me when everyone else did, the 6 year anniversary of my F&F settlement is next month so I can move on.

MBNA do seem to make an active process of penalising people by circumventing the spirit of the guidance.

In the same situation again, I would prioritise the defaulting process by paying nothing at all until each creditor defaulted before then coming to an arrangement to pay / DMP etc.

dumpyboy

You luckily mine do not show as settled but still 6 months in arrears, it totally blacklists me and I can not see how things will chance to 2028 if then ,