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Charging order/FCA complaint

CStar75
Posts: 85 Forumite

I'm looking for some advice please. Long story short, a high street bank issued a charging order, then an order for sale claim for a personal guarantee on a now liquidated business overdraft. Agreed in court 2 years ago to pay an agreed monthly fee and the OFS claim was lifted. The bank did not volunteer to provide banking details for 2 years leading up to the case so a debt counsellor advised at the time, a complaint could be lodged on the basis that we had not been given any opportunity to make payments for 2 years by the bank and that a similar case happened with Barclaycard where the FCA ruled that compensation had to be paid and the debts were written off.....
It was suggested at the time to let the dust settle, show willing by making payments and revisit the complaint at a later date. Has anyone else lodged a FCA complaint and were successful in similar circumstances or can offer advice moving forwards? Thank you.
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Comments
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Well, it`s not possible to make individual complaints to the FCA, (Financial Conduct Authority) as they are the regulator.
The mechanism for financial complaints handing is the FOS (Financial Ombudsman Service).
However, all complaints should first be made to the institution concerned, only when a final response has been given, can you escalate the matter further.
I`m not sure that -
"It was suggested at the time to let the dust settle, show willing by making payments and revisit the complaint at a later date".
was particularly good advice, as time limits apply to complaints handling, if you were unhappy with any aspect of their service, you should tell them straight away, otherwise you may lose the right to do so.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter1 -
Thanks for your reply. I believe we have about 6 years to complain and perhaps we should have done at the time but our fear was losing our home at that particular time. The bank's legal team were particularly aggressive, even the debt counsellor and other forum discussions were surprised of the approach taken. I wonder if anyone has had a similar successful experience as I fear that the aggression will return if we push a complaint forwards.0
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