Sue the FOS? With or w/o Esure?

maddogb

Can it be done? google brings up nothing relevant eyes are bleeding.

TSx

If this is in relation to this topic then not practically, no (what you would be seeking is a judicial review - some information here... costs of bringing one can be upwards of £30k).

If you're unhappy with the ombudsman decision then your route essentially is via the courts but it is esure that you sue.

rs65

Sue the FOS for what ?

maddogb

TSx wrote: »

If this is in relation to this topic then not practically, no (what you would be seeking is a judicial review - some information here... costs of bringing one can be upwards of £30k).

If you're unhappy with the ombudsman decision then your route essentially is via the courts but it is esure that you sue.

cheers for that but not quite sure it's what I am after, to give you an example a few years ago court expert witnesses were protected from legal action.
I know this has ended now but wondered if anything similar exists for ombudsmans service.
due to the nature of the case it would be more punitive damages as it is not something they have done but rather something they failed to do so.

FlameCloud

rs65 wrote: »

Sue the FOS for what ?

Failing to agree with the op.

huckster

maddogb wrote: »

cheers for that but not quite sure it's what I am after, to give you an example a few years ago court expert witnesses were protected from legal action.
I know this has ended now but wondered if anything similar exists for ombudsmans service.
due to the nature of the case it would be more punitive damages as it is not something they have done but rather something they failed to do so.

You need to look into how the FOS was set up. What bills of parliament were issued. What is their legal basis. Have not heard of anyone suing them, so you may find they are protected by legislation.

This link may be worth reading.

http://goughsq.co.uk/wp-content/uploads/2014/06/FOS-complaints1.pdf

maddogb

rs65 wrote: »

Sue the FOS for what ?

for putting in place severely flawed guidelines resulting in damages received, you know the case it's linked above

FlameCloud wrote: »

Failing to agree with the op.

please grow up and contribute or troll elsewhere.

maddogb

huckster wrote: »

You need to look into how the FOS was set up. What bills of parliament were issued. What is their legal basis. Have not heard of anyone suing them, so you may find they are protected by legislation.

This link may be worth reading.

http://goughsq.co.uk/wp-content/uploads/2014/06/FOS-complaints1.pdf

wow interesting stuff but a bit too much unrelated heavy reading, hoping for a bit more specific pointer, maybe to a case where someone has brought them in to legal action as a 3rd party but thank you anyway.

TSx

There is some more information here...

http://www.financial-ombudsman.org.uk/faq/businesses/answers/rules_a11.html

You can't generally sue for punitive damages in this country either

huckster

A Judicial review can prove to be very expensive. In one recent case a Vicar went for such a review on a particular issue and ended up with the Judge saying he had to pay costs of £50,000.

The government deliberately sets up public bodies like the FOS in ways, so people can't take them to court, unless they have very deep pockets. Otherwise the FOS would be in a court every day of the week, because people are not happy with the way their case was dealt with.

You have to take the third party to court and have your case that you want heard dealt with by a Judge in the normal way.

antrobus

huckster wrote: »

You need to look into how the FOS was set up. What bills of parliament were issued. What is their legal basis. Have not heard of anyone suing them, so you may find they are protected by legislation....

I think they're covered by s102 FSMA 2000

Neither the competent authority nor any person who is, or is acting as, a member, officer or member of staff of the competent authority is to be liable in damages for anything done or omitted in the discharge, or purported discharge, of the authority’s functions.

Unless there is 'bad faith' or a contravention of the HRA 1998.