Difficult question to summarise in a few sentences!

GaryBC

Manxman_in_exile said:

GaryBC said:

eskbanker said:

GaryBC said:

The problem is in treading a line between enough for meaningful advice and a full blown War And Peace!

The area I'm concerned with is S140. 

But my question is more about simply getting them to engage in a dialogue. At the moment all I want them to do is reply! 

Section 140 of what?  You can avoid War and Peace without going right to the other end of the brevity spectrum!

Sorry, you asked "is it s75" so I replied "no, it's S140"!

Section 140 of the Consumer Credit Act 1974. 

I asked...

Yeah, sorry, got my wires crossed. 

Manxman_in_exile

I knew it...

20 questions...

waste of time

GaryBC

It was, and remains, just one question: "how can I get a bank to respond to my mediation invite?" 

eskbanker

GaryBC said:

It is in relation to a Shared Appreciation Mortgage, yes. 

But my specific question is still "how can I get the bank to talk to me with regards my invitation to mediation?" 

Based on what I can see in the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015, FOS acts as the nominated ADR provider for financial institutions, and the fact that certain activities may be deemed out of scope by FOS doesn't mean that there's an alternative ADR provider that you can turn to, or that banks are required to participate in mediation.  Are you interpreting anything specific within those regulations differently?

Edit: just searched for 'uk bank mediation' and found links to various organisations apparently acting in that space, so maybe worth asking one of them?
https://mediate.co.uk/financial-services-and-banking/
https://www.globalmediation.co.uk/service/finance-banking-hmrc/

GaryBC

The FCA also approves a scheme called CEDR - Centre for Effective Dispute Resolution.
This one apparently is not constrained to FCA rules.

sheramber

https://questions-statements.parliament.uk/written-questions/detail/2020-11-03/110781

9 November 2020

The Financial Conduct Authority (FCA) has responsibility for the conduct regulation of mortgages, including shared appreciation mortgages. The FCA sets the rules regarding the information that has to be disclosed before, during and after sale and, in addition, rules in respect of the advice that should be given to consumers.

The Government is determined that lenders should treat borrowers fairly. Any dispute arising between a lender and its customers is usually best resolved by the parties involved. However, if a shared appreciation mortgage holder believes they have been missold a shared appreciation mortgage, they are able to take their complaint to the Financial Ombudsman Service (FOS). The FOS is an independent body set up to provide arbitration in such cases.

eskbanker

GaryBC said:

The FCA also approves a scheme called CEDR - Centre for Effective Dispute Resolution.
This one apparently is not constrained to FCA rules.

Where are you sourcing that information from?  I'm aware of CEDR but they don't specify financial services as a covered sector at https://www.cedr.com/consumer/, and even if they deal with some such matters, it seems that your question really revolves around whether or not you can compel a bank to engage via any non-FOS ADR body?

GaryBC

eskbanker said:

GaryBC said:

The FCA also approves a scheme called CEDR - Centre for Effective Dispute Resolution.
This one apparently is not constrained to FCA rules.

Where are you sourcing that information from?  I'm aware of CEDR but they don't specify financial services as a covered sector at https://www.cedr.com/consumer/, and even if they deal with some such matters, it seems that your question really revolves around whether or not you can compel a bank to engage via any non-FOS ADR body?

The mediator I'm dealing with and yes, my question is broadly that (although not compel, just encourage).
And it doesn't revolve around that, it is exactly that. 

GaryBC

eskbanker said:

GaryBC said:

The FCA also approves a scheme called CEDR - Centre for Effective Dispute Resolution.
This one apparently is not constrained to FCA rules.

Where are you sourcing that information from?  I'm aware of CEDR but they don't specify financial services as a covered sector at https://www.cedr.com/consumer/, and even if they deal with some such matters, it seems that your question really revolves around whether or not you can compel a bank to engage via any non-FOS ADR body?

Here's a screenshot from the CEDR website 

GaryBC

Screenshot didn't attach! 
Let's try again....