Financial Ombudsman upheld complaint but Creation Financial Services not complying - What next?

Keezing

A few months back the Financial Ombudsman upheld my complaint against Creation Financial Services and ordered them to correct the mistakes they had made on my credit file within 4 weeks and awarded me £250 in compensation.

However, Creation have not fixed the mistakes on my credit file, nor have they paid me the compensation.

- They are ignoring my emails
- When I call I am told my complaints handler will call me back but they never do
- I have written to them - no response
- I have submitted queries via their online web form - no response
- I went back to the FO but they have also been unsuccessful in getting a response

Their mistakes are affecting my ability to apply for a mortgage.

What's my next step?

DullGreyGuy

Was it an adjudicator or an ombudsman that upheld the complaint? The former is the first tier and the later is the escalation if either you or the FS company disagree with the adjudicator's decision. Its only an ombudsman's decision that is binding.

I thought normally the FOS will treat a non-response from the FS company as a disagreement with the adjudicator and pass it to an ombudsman so a binding decision can be made. 

Keezing

DullGreyGuy said:

Was it an adjudicator or an ombudsman that upheld the complaint? The former is the first tier and the later is the escalation if either you or the FS company disagree with the adjudicator's decision. Its only an ombudsman's decision that is binding.

I thought normally the FOS will treat a non-response from the FS company as a disagreement with the adjudicator and pass it to an ombudsman so a binding decision can be made. 

Creation agreed with the adjudicator and agreed to fix my credit file and pay the compensation, so ultimately it never went to a proper ombudsman.

But since then nothing.

sourcrates

Unfortunately, if a company, can`t or won`t comply with an ombudsman decision, the FOS does not possess the power to force it to comply, all they can do is recommend you take legal action against the company concerned to claim any compensation awarded to you.

FarmGirl78

Ask them on their social media channels. Sometimes putting them in an uncomfortable position publicly is the only way to get companies to respond. Getting big companies to action stuff is the only reason I have a Twitter account!

martinbainbridge1975

I had a similar issue however my finance was with creation via a broker, I hit their social media channels and soon action was taken.
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First and only time I will finance a car via creation.

DullGreyGuy

https://www.lawgazette.co.uk/practice-management/enforcing-financial-ombudsman-decisions/5041981.article is an interesting read 

sourcrates said:

Unfortunately, if a company, can`t or won`t comply with an ombudsman decision, the FOS does not possess the power to force it to comply, all they can do is recommend you take legal action against the company concerned to claim any compensation awarded to you.

But the legal action is enforcement of the FOS decision not starting from scratch on deciding who the winner is etc. You dont use the likes of MCOL but instead file a form N322 (A or as the FSMA gives the FOS decision legal standing once its come from an Ombudsman at the FOS