FOS is a Joke

NoOne2

Martin we are disappointed how you always say goto The Financial Ombudsman Service (FOS).

They have been totally Biased and clearly not read any of the paperwork we sent them, but relied on all paperwork and info the Company sent.

The final decision has no references to any points of law we put or they clearly didn't know what the status of the faulty product was, as it was in our paperwork to say the manufacturer has sent it back.

I did a search about complaints and impartial service the FOS do, and there are tons and tons complaints they haven't acted impartial.


Looks like only way to get justice is to do a Small Claims , which we was going to do first.

verityboo

What's the full story?

NoOne2

verityboo wrote: »

What's the full story?

Product was bought for a PC, and it caused intermittent crashes.

Tried contact Seller less than 2 months after Purchase and again 6 or 7 months.

Letters clearly stating rejecting goods and Sales of Goods Act.

Found the seller went into administration, so went to Card company who refused the manufacturer emails saying their is fault with it and soo on.

Refused all the way to the FOS.

The Adjudicator who was suppose to deal with it, didn't wait for the info and went and got other side info and contacted the manufacturer with wrong questions.

The item was sent to manufacturer and found to be faulty and so on, but adjudicator said, won't make any difference to the case, same with otherthings.

I complained about this and while this went on, we sent all info and the out come was, no breach under section 75.

It's a long story, but when their help line and CAB one said, goods were faulty within 6 months and seller not their, a full refund can be claimed.

They also agreed, with our point of view e.g satisfactory quality for a high end product.

cono1717

Edited as full info posted.

Tried contact Seller less than 2 months after Purchase and again 6 or 7 months

This is your first problem you should have upheld the complaint after the first 2 months, after 6 months the onus comes on the consumer to prove the fault via independent report.

It's not unusual for the ombudsman to go and get the information from both parties first. When you say "Wrong questions" what type of questions where they asking?

You do also have the right to appeal the case with the ombudsman before going to SCC.

NoOne2

conon1717

Please do not spam my topic

thank you

NoOne2

The procedure has always been , contact seller > when no luck > goto CC company.

This was done as explained and manufacturer already was told of issues within 6 months and confirmed the temperature on the product was high and crashing means it's faulty.

Again already explained, but CC rejected the Emails.

even after it was confirmed by the manufacturer ( Product sent to them, while FOS was looking into it) , the CC refused it and said doesn't say not user damage, yet RMA agreement clearly does.

FOS wouldn't wait for the info and made the decision as explained so I complained and it still got upheld.

On the findings, there is no reference at all to any info we provided, and above all, they didn't even know if the product was being replaced under warranty, yet it was clearly outlined the manufacturer has now shipped it back.

naedanger

NoOne2 wrote: »

Martin we are disappointed how you always say goto The Financial Ombudsman Service (FOS).

I think his reason for saying this is that the FOS is a free (to the customer) service. And if the customer loses they can reject the proposed solution and instead still take the matter to court. Therefore there is little to lose but time and effort.

In summary, you can still take the matter to court if you feel you have a strong case.

cono1717

I mean if you think I'm a troll you're free to take your topic elsewhere no one is stopping you.

Firstly you say in your most recent post within 6 months yet in YOUR OWN explanation you say 6-7. This makes a big difference.

Secondly, you might think it says no user damage on the report because the manufacturer might well be saying to you "Oh that's what that means" but unless you get a clear defined "No user fault" even the court would struggle.

Finally, if you are not happy with the FOS decision and you are going to small claims court anyway then this post would have been better suited in the Praise Vents and Warnings board as you are clearly not after any advice (unless it suits you).

lovinituk

How long a go was this? SOGA has not been relevant since 1st October 2015. Probably didn't help yourself if you were quoting out of date legislation.

cono1717

NoOne2 wrote: »

• It's not for the consumer to prove that the item was not of satisfactory quality in order to
get it repaired or replaced during the first six months after purchase.

After 6 months it is. You posted conflicting information.

NoOne2 wrote: »

Yes , as stated can go SCC, but just wasted a year between the card company and FOS.

Would have been quicker sticking to Original route and SCC.

Cool. Live and learn. Move on.

naedanger

NoOne2 wrote: »

Yes , as stated can go SCC, but just wasted a year between the card company and FOS.

Would have been quicker sticking to Original route and SCC.

Are you planning on going to the SCC?

Also, how much did the item cost?