FOS if there is ongoing court case

Mishomeister

So, a real situation.

The client makes a complaint about the financial services firm. The ruling is not in the clients favour.
The company then takes the client to court (all the paperwork been submitted and the clients and the firms solicitors started their interraction but the hearing date has not been set yet). Then the firm finds out from the Financial Ombudman that the client has taken his complaint to them.
It appears that the FOS comlaint was made prior to the company suing the client but the cimpany has been made aware of the FOS case much later.
Anyone has any idea whiv has an upper hand in this situation?
Legal proceedings or FOS complaint?

waamo

Court trumps the ombudsman.

Mishomeister

waamo wrote: »

Court trumps the ombudsman.

But if the Ombudsman was to arrive at the decision first?
The decision is legally binding on the company, isn't it?

Would it therefore mean the cimpany has to accet the FOS decision and stop the proceedings?

waamo

Mishomeister wrote: »

But if the Ombudsman was to arrive at the decision first?
The decision is legally binding on the company, isn't it?

Would it therefore mean the cimpany has to accet the FOS decision and stop the proceedings?

Courts and the ombudsman are separate entities. It would be unusual for an ombudsman to forbid a company from going to court but not impossible. It depends what the company have agreed to on joining the ombudsman scheme.

Unless a company is forbidden from going to court on the back of a ruling then the court will be obliged to consider their case. If they have been forbidden then the defence will be straightforward in that it's the incorrect jurisdiction having already been adjudicated on.

If the court hears the case then an ombudsmans decision may be persuasive but not binding on the court.

DoaM

Are you the cimpany (sic) or the client?

Mishomeister

DoaM wrote: »

Are you the cimpany (sic) or the client?

I am a contractor for the company and it is in my interest that the company wins it.

neilmcl

Mishomeister wrote: »

I am a contractor for the company and it is in my interest that the company wins it.

So you're involved in the complaint?

Mishomeister

neilmcl wrote: »

So you're involved in the complaint?

Yes. I am.

neilmcl

So when you state "The client makes a complaint about the financial services firm. The ruling is not in the clients favour", who's "ruling", who took the client's complaint?

DE_612183

It sounds like you provided goods or services to a customer who was going to pay for these via an FS company.
The customer then thought the FS company had acted improperly hence the complaint.
The FS company rejected the customers complaint.
The customer is going to FoS.

In the meantime the FS company is taking court action to recover money it paid to you?

Are you concerned that if the Customer wins, then you will be obliged to payback the FS Company?

Did you get the customer to sign the FS company paperwork so are therefore possibly at fault?

We may need more info to give a clear view.

Mishomeister

Dave46049 wrote: »

It sounds like you provided goods or services to a customer who was going to pay for these via an FS company.
The customer then thought the FS company had acted improperly hence the complaint.
The FS company rejected the customers complaint.
The customer is going to FoS.

In the meantime the FS company is taking court action to recover money it paid to you?

Are you concerned that if the Customer wins, then you will be obliged to payback the FS Company?

Did you get the customer to sign the FS company paperwork so are therefore possibly at fault?

We may need more info to give a clear view.

You are getting it correct.
I believe we do get a decent chance in court.


My concern is that the FOS case which from my personal experience can take even up to 9 months to be concluded, can be putting the court case on hold.
I would rather have for everything to be resolved though the court as opposed to being in the hands of less qualified much slower people in the FOS.