Help with Credit Card complaints procedure please

Scaredy_Cat_3

Hi,
Please can someone advise me? I have an ongoing complaint with Bank of Scotland Credit Card. I received a letter from them dated 4th October saying it would be resolved within 4 weeks. Then I got another letter from them dated 25th October, again saying it would be resolved within 4 weeks.

I'm at the end of my tether with this issue. I want to write to them again and say sort it out within x number of days/weeks or I'm going to the FSA. But I'm not sure what the rules are. Please can someone tell me how long I should give them to respond, and who I then complain to? Is it the FSA or someone else?

Incidentally, my first complaint letter to them was dated 17th September, and their call centre told me I should get a response to that within 2 weeks. I really feel they've had long enough to sort this out.

Thanks.

exel1966

Under current regulations the organisation has 8 weeks in which to come to a settlement/agreement on any complaint received. If after that time you are still unhappy with the response you are fully entitled to register your complaint with the Financial Ombudsman. You CANNOT take short cuts through this procedure as the FO will only send you back to the BOS.

Eight weeks expires on the 13th November therefore they have until then, but that needn't stop you from writing to them and reminding them of their obligations to you. You can also advise them of your forthcoming action to contact the FO.

This info can be found at :-

http://www.moneymadeclear.fsa.gov.uk/
or
http://www.bankingcode.org.uk/

This paragraph taken from their site
[FONT=Verdana, Arial, Helvetica, sans-serif]The statutory procedure for handling your complaint is monitored by the Financial Services Authority. Its rules require your bank or building society to send you a written acknowledgment within five working days of receiving your complaint.[/FONT]
[FONT=Verdana, Arial, Helvetica, sans-serif]Within four weeks, they must write with a final response or explain to you why they need more time to resolve your complaint. Within eight weeks they must send you their final response. They must also explain to you how to take your complaint further, by referring it to the Financial Ombudsman Service, if you are still not satisfied. [/FONT]

or
http://www.obo.org.uk/consumer/complaints.htm

Scaredy_Cat_3

Thanks Exel. So they have 8 weeks from the date of my first letter, then?

I have drafted my latest letter and was about to say if you don't sort it out within 14 days from the date of this letter then I'm going to the Ombudsman. I wonder if I should actually state, if it isn't sorted by 13th November, then, instead of 14 days (the 13th November would be sooner than 14 days - but I'm at the end of my tether with them so don't want to give them any longer than I need to). Frankly I'm this close (holds thumb and forefinger about half a centimeter apart) from just closing the account, but wanted to see if they would resolve it.

Actually, 8 weeks from my first letter would be 12th November, not 13th. Does it start counting from the day after? Yes, it probably does, sorry!

Can I ask where it states they have 8 weeks? Is this some Act I can refer to in my letter?

Thank you!

YorkshireBoy

when can the ombudsman service get involved?

We can get involved and start looking at your complaint if:

• the business has sent you a letter with its final response to your complaint, but you're still unhappy or
• the business has had eight weeks already but has still not sent you its final response.

http://www.financialombudsman.org.uk/publications/consumer-leaflet.htm

Scaredy_Cat_3

Exel, my apologies! In my haste to write my letter etc I didn't notice you had pasted links to the Banking Code! Sorry! I have looked at the links now and re-phrased my complaint letter accordingly!

Thanks.

Scaredy_Cat_3

Thanks YorkshireBoy! I don't know how I missed the links before - must have a blind spot!

Anyway - got them now and included it in my letter - thank you!

Am I right to say that this info is according to The Banking Code rather than FSA rules? Just want to get the wording of my letter correct.

YorkshireBoy

(As long as this isn't for default charges, I'm willing to bet) You won't need to send a letter. I've had 3 complaints resolved this year by HBoS, and twice they've taken the full 8 weeks to send me my 'final response letter'.

HBoS were mown out with bank charge complaints earlier this year, and this (they told me) is why complaints were 'going the distance'.

If you go to the FOS, I believe HBoS will have to pay a £400+ fee...another reason why they'll want to get it resolved before then.

Scaredy_Cat_3

That's interesting to know, Yorkshireboy! Maybe if I write and tell them I intend to go to the Ombudsman as soon as the 8 weeks is up that will encourage them to respond asap.

No, it's not default charges! I tried to do a balance transfer using a Barclaycard cheque and Barclaycard bounced the cheque (which gave rise to a complaint to Barclaycard - now resolved!). But my complaint about HBOS is the way they handled it - didn't tell me there was a problem, gave me all kinds of conflicting info on how to make my payment in lieu of the bounced cheque - all of which turned out to be wrong, blocked my account (again without telling me) even though I cleared the balance in full using a different credit card balance transfer - and now I have a credit balance that I can't access because my account is still blocked. They have been pathetic throughout - the left hand doesn't know what the right is doing and I feel I've been hindered every step of the way as I've tried to sort this out. Also the first letter they sent me said they should resolve it within 4 weeks (not 8) - maybe if they'd told me 8 weeks up front, but they said 4 and then after 4 weeks sent me yet another 'holding' letter. I feel the service has been appalling from the start.

Thanks for the help.