new information and the ombudsman

stcyrus

Morning All .
In 2015 i put a complaint in to BOS regarding an packaged account .
it went as far as the ombudsman who did not up hold my compliant because i could not show that the bank of Scotland recommended the packaged account to me .

last month i came across a letter from bank of Scotland to me which clearly shows that the packaged account was recommended and in this letter it is very clear that the then fee free account was been re-positioned to encourage the uptake of the fee charging account .
i got back in touch with the Bank of Scotland they said you will need to speak to the ombudsman .I contacted the ombudsman to make them aware of the new paperwork work but they tell me they will not reopen the case as their final decision stands .
so what can i do now - and does anyone know how you go about a civil case in the courts thanks

dunstonh

The ombudsman will only re-open the case if the evidence is significant enough to likely change the outcome.

A letter is not a personal recommendation. It may have sales type words if it is promoting the account but it would also likely come with the required caveats as well. Especially the one indicating it is optional and your choice if you wish to change. We do not have the ability to read that letter but the FOS would and they would and they appear to have decided it is not likely to change their position.

so what can i do now - and does anyone know how you go about a civil case in the courts thanks

Court cases are rare. Mainly as you can end up suffering costs (albeit no more than a couple of hundred typically) and the onus is higher on you to prove wrongdoing.

You were unable to provide evidence of wrongdoing in your complaint to the bank and again to the FOS. What is it that makes you think a court will be different (remembering that the FOS is more consumer friendly than the court as it disregards a lot of documentation the bank issues whereas the court will not).

[Deleted User]

Taking this case to court on such flimsy "evidence" would be very unwise in my opinion.

Time to move on from this; your complaint was concluded two years ago....