Difficult question to summarise in a few sentences!

tightauldgit

GaryBC said:

eskbanker said:

GaryBC said:

As a bit of background the area I'm seeking mediation on is regarding consumer law so is outside of jurisdiction of the Financial Ombudsman Service.

Have FOS actually told you this, bearing in mind that they are the ADR provider for financial institutions?

In 2015 the UK gave effect to a piece of European law called the Alternative Dispute Resolution (ADR) directive. This law expressed the need for alternative ways of resolving contractual disputes between consumers and businesses to be widely available across the UK and the EU.

We are approved to be an ADR entity by the Financial Conduct Authority (FCA) which is our competent authority under the directive. We were approved when the law came into force in 2015.

But we’re still independent of the regulator in the way we investigate and decide individual cases.

https://www.financial-ombudsman.org.uk/who-we-are/governance-funding/adr

Yes. I have it in black and white. Consumer law is outside of the jurisdiction of the FOS. Verbally (on the phone).... 
Q; "if it's not you [the Ombudsman], then who?"
A; "take them to court". 

Well then you've been given the answer to your question. If the FOS isn't interested then you will have to go to court. 

eskbanker

GaryBC said:

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. 

You've engaged a mediator but they can't answer your question about how to initiate mediation?

The CEDR page you've captured appears to be from the commercial side of their business rather than the consumer-oriented part?

GaryBC

tightauldgit said:

GaryBC said:

eskbanker said:

GaryBC said:

As a bit of background the area I'm seeking mediation on is regarding consumer law so is outside of jurisdiction of the Financial Ombudsman Service.

Have FOS actually told you this, bearing in mind that they are the ADR provider for financial institutions?

In 2015 the UK gave effect to a piece of European law called the Alternative Dispute Resolution (ADR) directive. This law expressed the need for alternative ways of resolving contractual disputes between consumers and businesses to be widely available across the UK and the EU.

We are approved to be an ADR entity by the Financial Conduct Authority (FCA) which is our competent authority under the directive. We were approved when the law came into force in 2015.

But we’re still independent of the regulator in the way we investigate and decide individual cases.

https://www.financial-ombudsman.org.uk/who-we-are/governance-funding/adr

Yes. I have it in black and white. Consumer law is outside of the jurisdiction of the FOS. Verbally (on the phone).... 
Q; "if it's not you [the Ombudsman], then who?"
A; "take them to court". 

Well then you've been given the answer to your question. If the FOS isn't interested then you will have to go to court. 

And going to court is exactly what ADR is supposed to try and avoid! 

Manxman_in_exile

Are you talking about the FOS or the FCA?

Your original question appears to be asking "exactly" about the FOS, but latterly you are referring to the FCA

(And @sheramber's post appeared to confirm it was the FCA which is responsible, not FOS?)

GaryBC

eskbanker said:

GaryBC said:

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. 

You've engaged a mediator but they can't answer your question about how to initiate mediation?

The CEDR page you've captured appears to be from the commercial side of their business rather than the consumer-oriented part?

I'm seeking additional viewpoints. What else might I be able to do, and what other tacks might I be able to take, to get the bank to take its fingers out of its ears and stop humming.

And the very first question I asked of the mediator was "this is what I want to do, is this in your remit?" Answer: "yes". 

GaryBC

Manxman_in_exile said:

Are you talking about the FOS or the FCA?

Your original question appears to be asking "exactly" about the FOS, but latterly you are referring to the FCA

(And @sheramber's post appeared to confirm it was the FCA which is responsible, not FOS?)

FCA makes the rules, FOS is the ADR scheme in support.
More nuanced than that, but broadly speaking. 

eskbanker

GaryBC said:

eskbanker said:

GaryBC said:

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. 

You've engaged a mediator but they can't answer your question about how to initiate mediation?

The CEDR page you've captured appears to be from the commercial side of their business rather than the consumer-oriented part?

I'm seeking additional viewpoints. What else might I be able to do, and what other tacks might I be able to take, to get the bank to take its fingers out of its ears and stop humming.

And the very first question I asked of the mediator was "this is what I want to do, is this in your remit?" Answer: "yes". 

But was the second question "how can I, as a consumer, get them to engage in a mediation process? [when FOS is the nominated ADR for banks but isn't applicable]"?  Surely, as someone whose living depends on such engagements, the mediator should be able to point you in the direction of any legislation or regulation that would be relevant?

DullGreyGuy

https://forums.moneysavingexpert.com/discussion/6420113/regulators

Its always best to try and keep your threads together!

How much are you claiming in damages? Court appears to be your only options but if the sums are substantial then you are risking having to pay their legal fees if you are unsuccessful. You really should seek professional legal advice especially as there is the risk that the matter is statute barred giving the nearly 30 years since the mortgage was taken out. 

GaryBC

eskbanker said:

GaryBC said:

eskbanker said:

GaryBC said:

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. 

You've engaged a mediator but they can't answer your question about how to initiate mediation?

The CEDR page you've captured appears to be from the commercial side of their business rather than the consumer-oriented part?

I'm seeking additional viewpoints. What else might I be able to do, and what other tacks might I be able to take, to get the bank to take its fingers out of its ears and stop humming.

And the very first question I asked of the mediator was "this is what I want to do, is this in your remit?" Answer: "yes". 

But was the second question "how can I, as a consumer, get them to engage in a mediation process? [when FOS is the nominated ADR for banks but isn't applicable]"?  Surely, as someone whose living depends on such engagements, the mediator should be able to point you in the direction of any legislation or regulation that would be relevant?

At the moment I'm trawling for any and all ideas for getting the bank to respond to my mediation invite. Who ever suggested the mediator has been silent on this? 

GaryBC

DullGreyGuy said:

https://forums.moneysavingexpert.com/discussion/6420113/regulators

Its always best to try and keep your threads together!

How much are you claiming in damages? Court appears to be your only options but if the sums are substantial then you are risking having to pay their legal fees if you are unsuccessful. You really should seek professional legal advice especially as there is the risk that the matter is statute barred giving the nearly 30 years since the mortgage was taken out. 

Different thread, different question.