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What happens when the Financial Ombudsmen side with you

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  • Undervalued
    Undervalued Posts: 9,594 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    bris said:
    Financial ombudsman decision is legally binding, It can be appealed by the losing party but if there is no appeal or it losses it a legally binding decision.

    The OP clearly states the Finantial Ombudsman has made a decision in their favour so we have to assume all arguments have been exhausted and thats the basis of this thread. Are you saying it's not legally binding and can be ignored if you don't agree with it? Of course they can refuse to pay but that doesn't mean it's unenforceable.

    The chargeback or S75 claim should work, especially S75 as they are equally liable. as the OP can prove the FOS have sided with them. If that fails but why should it, then this is what the law says regaring the courts

    Fortunately, once the FOS have made their decision, the court need not go into the merits of the case, as the FOS will have already made a determination on the facts of the case. This is provided for in paragraph 16 of Schedule 17 FSMA, which ensures that a court can order that a FOS decision is then awarded as if it were an order of the court.

    That is not how I read it.

    The OP says......

    This is just a case handlers outcome and hasn't been escalated any further.

    I take "case handler" to mean adjudicator. Which means that either party can insist it is reviewed again by an actual ombudsman. Only then is the decision binding on the financial company (assuming the ombudsman also finds in the OP's favour).

  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    bris said:
    Financial ombudsman decision is legally binding, It can be appealed by the losing party but if there is no appeal or it losses it a legally binding decision.
    No, either party can request it get escalated to an ombudsman... you could have your complaint upheld and so "win" but be unhappy with the amount of compensation offered and so reject the adjudicators decision.
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