financial ombudsman - payday refund

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twhitehousescat
twhitehousescat Posts: 5,368 Forumite
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edited 26 September 2019 at 2:32PM in Loans
provident are taking the micky , failing to accept or argue to a financial ombudsmans suggestion (repay interest)

it is now going to the "higher ombudsman to make final decision

if I win , judging by provident previous actions (had to get ICO involved due to lack of SAR) , what happens if they simply do not repay me ?

they were told to reply to suggestion to repay , within 2 weeks, but failed , after 4 weeks still nothing , after 6 weeks no reply , its gone for final adjudication now

what happens if they simply do not repay me ? does the ombudsman have teeth ?


"what you need to do now
Please confirm whether you accept my view and are prepared to make an offer in line with my recommendation by 4 September 2019. Or, if you disagree with my view, please let me know why with detailed reasons and evidence.
I will look at what both parties have to say in response and decide what to do next. If my opinion changes, I will write back to both parties explaining why. If my opinion doesn’t change, I may decide that the case should be passed to an ombudsman for a final decision, which would be published.
If we don’t hear back from you by 4 September 2019, an ombudsman may make a final decision – based on the information we have so far.
If you need more time or have any questions, please let us know as soon as possible. "

they failed to reply , when ombudsman contacted them
"they were busy"


6 weeks later and 3 reminders , they still have not replied

Comments

  • Take a look at g@@gle reviews. It tells a rather different story to forum such as these.

    It's enough to make me settle with a DCA on a credit card after they've written of £240 and issue a strongly firm letter they are only getting £600 not £800 odd off me. I've been threatened with court twice for charges that grew to over £800 But of course my issue wasn't with a payday loan company. #here's to no frustration and sorted myself!
  • twhitehousescat
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    provident have simply ignored the ombudsman's suggestions , as if they are above the law

    so , how do they force provident to hand over money ?
  • glennstar
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    what you need to do now
    Please confirm whether you accept my view and are prepared to make an offer in line with my recommendation by 4 September 2019. Or, if you disagree with my view, please let me know why with detailed reasons and evidence.
    I will look at what both parties have to say in response and decide what to do next. If my opinion changes, I will write back to both parties explaining why. If my opinion doesn’t change, I may decide that the case should be passed to an ombudsman for a final decision, which would be published.
    If we don’t hear back from you by 4 September 2019, an ombudsman may make a final decision – based on the information we have so far.
    If you need more time or have any questions, please let us know as soon as possible.


    Is this a letter that was sent to you or to Provident?
    The views expressed here are my own. I am not a Solicitor nor am I affiliated with any of the parties I mention. If you disagree with any of my comments please say in whatever way feels most natural to you. No one self improves in a bubble!
  • twhitehousescat
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    that was part of the letter sent by the finnancial ombudsman to provident , i recieved a copy , that is the end of page 4 , previous pages stated reasons and amounts
    it was sent on 20th aug , giving them 14 days

    last email from FO read as follows 20th sept

    Dear Mr xxx



    Regarding your above complaint, I didn’t receive a response from Provident today. I did call them to ask if this was actually due to be sent over today, but this hasn’t materialised and I wasn’t given a further date.



    Your complaint is prioritised for a final decision by an ombudsman. This is regarding the last four loans of your complaint which I upheld in your favour but Provident haven’t responded. I know you’ve accepted my view on your first loan, after a discussion with Jeneen Hyman.



    After further discussion today, I can’t give you a specific timeframe on when this decision will be made. However, we will aim for it to be passed to an ombudsman as quickly as possible to be assessed.



    Yours sincerely
  • twhitehousescat
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    Still_Dave wrote: »
    Me Keep Calm, you seem to have had virtually every situation on here happen to you or someone that you know. It is, literally, unbelievable.

    Your posts are also verging on incoherent, it’d help a lot if you read them back for legibility before posting.

    Can I suggest that you don’t need to pretend to have been through every possible issue to have a worthwhile contribution?

    thanks for your answer , it went some way to NOT answering my original question

    if you seem to have missed it , it was

    "what happens if they simply do not repay me ? does the ombudsman have teeth ?"

    other posters have asked me to explain what has happened so far

    Provident were reported to ICO , for failure to issue sar , they eventually issued a 1/2 sar after 3mths

    Provident refuse to reply to the FO , even after being told 4 times that 8 weeks plus with no reply does not comply with FO request for info within 14 days


    I wonder if after this case goes to senior ombudsman (and I win it)

    will provident pay up? what happens if they simply do not repay me ? does the ombudsman have teeth ?
  • boo_star
    boo_star Posts: 3,202 Forumite
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    thanks for your answer , it went some way to NOT answering my original question

    if you seem to have missed it , it was

    "what happens if they simply do not repay me ? does the ombudsman have teeth ?"

    other posters have asked me to explain what has happened so far

    Provident were reported to ICO , for failure to issue sar , they eventually issued a 1/2 sar after 3mths

    Provident refuse to reply to the FO , even after being told 4 times that 8 weeks plus with no reply does not comply with FO request for info within 14 days


    I wonder if after this case goes to senior ombudsman (and I win it)

    will provident pay up? what happens if they simply do not repay me ? does the ombudsman have teeth ?

    It's an open forum and as such may veer off topic from time to time.

    The poster you're quoting has a valid point, the poster they're quoting has a habit of veering off topic in a very "rambly" way.
  • twhitehousescat
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    thank you , i am still some way from getting a definitive answer tho

    is there legislation in place that forces companies like provident to comply with the FO?

    so far provident have just put 2 fingers up with regard to SAR , only issued a 1/2 sar after being threatened by ICO , and basically disregarded the FO . they do not seem or want to act on this

    so , is there legislation in place that forces companies like provident to comply with the FO , at the later point where they are told to payout
  • boo_star
    boo_star Posts: 3,202 Forumite
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    thank you , i am still some way from getting a definitive answer tho

    is there legislation in place that forces companies like provident to comply with the FO?

    so far provident have just put 2 fingers up with regard to SAR , only issued a 1/2 sar after being threatened by ICO , and basically disregarded the FO . they do not seem or want to act on this

    so , is there legislation in place that forces companies like provident to comply with the FO , at the later point where they are told to payout

    https://www.financial-ombudsman.org.uk/faqs/rules-powers-information-us/ombudsman-fine-businesses perhaps?
  • twhitehousescat
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    yup I searched the site, lots of "we will tell" , however so far provident have put the proverbial 2 fingers up with the FO

    they were "told" to reply within 14 days , they failed , on at least two occassions , they were "told" that reply was late and needed by next day , they simply raised there right hand and saluted the FO

    I cannot see "legislation" or powers of listed at the FO site
  • boo_star
    boo_star Posts: 3,202 Forumite
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    yup I searched the site, lots of "we will tell" , however so far provident have put the proverbial 2 fingers up with the FO

    they were "told" to reply within 14 days , they failed , on at least two occassions , they were "told" that reply was late and needed by next day , they simply raised there right hand and saluted the FO

    I cannot see "legislation" or powers of listed at the FO site

    I don't believe they have any, but sticking two fingers up at them is likely to trigger a further investigation by the FCA and I doubt any company wants that.
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