Halifax Credit Card Lloyds Banking Group Section 75 Slow

chattychappy

The great thing is that whilst an FOS decision is binding on the CC, it is not binding on the cardholder. If you think the FOS is wrong (from a legal point of view), you are always free to go to court.

PeacefulWaters

davidious wrote: »

Imagine how that would look if a Bank disregarded a FOS ruling.

I don't plan on using them anyway they seem so backed up I got more than enough evidence and will just go Small Claims Route pretty soon if I get no Joy with Lloyds.

A court is much less likely to support a consumer than the FOS.

I'd strongly recommend using the FOS first because you're more likely to win. And there's no chance of having costs awarded against you.

chattychappy

PeacefulWaters wrote: »

A court is much less likely to support a consumer than the FOS.

I'd strongly recommend using the FOS first because you're more likely to win. And there's no chance of having costs awarded against you.

It's not as simple as that. In a small claim, courts can be faster and if you lose, the costs that can be awarded against you are very limited. Small claim runs up to £10K. Also because for small claim you generally don't get costs awarded, but potentially the CC might have to pitch up at a hearing, there is a real incentive for them to settle. It is costly for them to deal with courts.

As for where you're more likely to win, that's debatable. Most court cases settle and don't get to a hearing. Judges can be very down to earth and hear a range of cases. They are not "in the industry". So if it does go to a hearing, I don't think you are any weaker than you would be with the FOS. At least you get a REAL hearing rather than a paperwork shuffle.

With a court, you just start the procedure by issuing a claim form. You can do this at any time from when you've suffered your loss. After you've issued the claim form you can still attempt mediation/negotiation. If you go the FOS route for S75, the CC/FOS might expect you to get an expert's report as a matter of routine/procedure. You dance to their tune and do the work up front. If you win, they'll probably make the CC pay for the cost of reports etc. If you lose, you'll pay. In a court, the judge can be more flexible. Generally expert's reports aren't expected in court - if you can prove the problem by another means (eg photos) coupled with your own witness report, then that will likely be enough. If you lose, you haven't wasted the cost of getting an expert's report.

Personally I would go the court route. Quicker and unbiased. But I'm used to courts.