Hidenda threatening letters/emails

Ivrytwr3

We have made a complaint to financial-ombudsman.org.uk - still awaiting a response.

In the meantime, the inlaws have received a Letter Before Court Action from Hidenda stating we have until 12 Jan 22 to either provide the information or pay £300 cancellation fee or they will issue court proceedings. Hidenda have stated on the claim form that they want it heard at Derby Combined Court Centre - if this goes to court, the inlaws are unable to travel due to their health and so would prefer it to be held at their nearest court - can this be done?

But bottom line, the inlaws are now terrified of fees, ccjs, court etc and i do not know how to help them.

dunstonh

We have made a complaint to financial-ombudsman.org.uk - still awaiting a response.

What was the outcome of the complaint made to Hidenda?  (as you cannot access the FOS until you have gone through the firms complaint process first)

Hidenda have stated on the claim form that they want it heard at Derby Combined Court Centre - if this goes to court, the inlaws are unable to travel due to their health and so would prefer it to be held at their nearest court - can this be done?

It is for the court to decide.   However, in cases of business vs consumer for a sum of money and where the consumer is the defendant, then it will be transferred to the defendant's local court if that is what the defendant requests.

Make sure that any reference to ill health can be supported by medical evidence.   

But bottom line, the inlaws are now terrified of fees, ccjs, court etc and i do not know how to help them.

The scare tactics are doing their job.   

Generally, in scenarios like this, the advice is to pay the fee but follow through on the complaints process.   However, you should also write back (keeping a copy) saying that as a complaint has been raised using the FCA regulated complaints process which will involve the independent adjudicator, the financial ombudsman service, you feel that proceeding with action via the courts at this time is inappropriate whilst an independent arbiter review of the complaint is still ongoing.     And that your FiL is willing to abide by the decision of the Financial Ombudsman Service.

The reason for that is that judges do not like it when the courts are used necessarily.  They expect to see evidence of attempts to reconcile differences and the courts only being used if that is not possible.   Going to court whilst the case is under independent arbitration with the FOS would not be viewed favourably and could be sufficient for the judge to throw the case out.   Especially if made clear that he will follow the outcome from the FOS.       

Paying the fee can be done at any time up to the court case being heard.  So, replying that you want to wait for the FOS outcome and seeing how they respond to that can be done.  If they then still proceed at that point, then pay the money.

If you do decide to pay the money then the FOS should be made aware of the duress your vulnerable parents felt they were under and the significant stress and anxiety it has placed them under.    The FOS frequently require firms to pay goodwill gestures going into many hundreds of pounds if firms have done this unnecessarily.