Court action against the Financial Ombudsman

Clement1na

Is it possible to raise a court action against the Financial Ombudsman for failing to act impartially with regard to my unsuccessful PPI claim?

dunstonh

Clement1na wrote: »

Is it possible to raise a court action against the Financial Ombudsman for failing to act impartially with regard to my unsuccessful PPI claim?

Would you have the evidence available to prove that they have not acted within the law and regulatory remit?

1 - you have been rejected by the firm
2 - you have been rejected by an adjudicator
3 - you have been rejected by a senior ombudsman

Have you perhaps considered that you don't have a case after at least three different people have looked at it?

What type of PPI is it? Loan still sees most PPI complaints upheld. Credit card PPI is around 50% and Mortgage PPI is around 20%.

Broadly speaking, the FOS is slightly consumer biased. They will deny that but unlike the courts, they take into account what they consider fairness.

Directly speaking, I doubt a solicitor would want to take on a case with an allegation of bias as you would almost certainly have no evidence to support such an allegation and the burden of proof would be hard to meet.

PPI complaints themselves are relatively easy to sort out and do not involve difficult or complex things. So, the ratio of incorrect PPI decisions is quite low.

Maybe it would if you told us why you thought the FOS were biased?

[Deleted User]

Clement1na wrote: »

Is it possible to raise a court action against the Financial Ombudsman for failing to act impartially with regard to my unsuccessful PPI claim?

While it's certainly possible to take such court action, what evidence of "bias" could you bring to the table?

You can't just accuse them of bias simply because they failed to uphold your complaint. The many thousands of complaints they have upheld against financial institutions indicate that they are not biased.

Obviously, if you are serious about this, the next step is to see a legal professional; but do note that this is likely to be an expensive undertaking with little or no chance of success.

-taff

When you say failing to act impartially, what you mean is failing to uphold your complaint yes?
You are aware that you are not claiming back PPI, that you must make a complaint, and that you need or the company need to have evidence to support your complaint?
What were you complaining about, who were the company?

[Deleted User]

dunstonh wrote: »

Maybe it would if you told us why you thought the FOS were biased?

Here is the OP's other post, explaining to "Site Feedback" last November;

Clement1na_on_27th_November_2018 wrote: »

I tried to claim for PPI which I had although loan was also secured to my home and I was told that
I had not lost financially I had argued that I did not need PPI as well as the loan tied to my home,.
I appealed to Ombudsman who supported bank. .What now?

dunstonh

Moneyineptitude wrote: »

Here is the OP's other post, explaining to "Site Feedback" last November;

Nothing in that post suggests bias.

It looks like the normal process was followed. i.e. no evidence of wrongdoing found and then a fallback check on whether it had a financial need or not. As it was secured against property, then protection is considered a higher priority due to the increased consequences of non payment (i.e. losing your home).

Nearlyold

Think the OP's case appears to have been along the lines of :-

As the loan was secured there was no need for PPI as the lender would be able to take the house to cover any debt/arrears that might occur if the OP was unable to pay due to ill-health/redundancy. Thus PPI was a waste of money and miss sold because it was unnecessary- much better to lose ones house than to fork out for PPI.

Can't understand why FOS wouldn't go along with that logic

Bermonia

You cannot take legal action against FOS I’m afraid as they are merely an arbitration service, and you still have the right to take the PPI seller to court yourself there is nothing for them to answer to you for... no matter how ‘unjustly’ you think you’ve been treated