Difficult question to summarise in a few sentences!

eskbanker

GaryBC said:

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? 

What has the mediator suggested so far?

GaryBC

I'll ask if they mind me sharing. 

born_again

OP has quite a few thread on this subject if people want more info.

Lomast

As was explained in your previous threads none of these regulators applied at the time your parent took out the mortgage. As far as I am aware your only recourse would be through the courts but I am not sure how statue of limitations would apply. Proper specialist legal advice required I feel.

tightauldgit

GaryBC said:

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! 

Which is lovely for those people who can make ADR work. But you've been told by the FOS what you need to do next and that is go to court. 

GaryBC

Lomast said:

As was explained in your previous threads none of these regulators applied at the time your parent took out the mortgage. As far as I am aware your only recourse would be through the courts but I am not sure how statue of limitations would apply. Proper specialist legal advice required I feel.

Which is precisely why I started a different thread to ask a different question.