Difficult question to summarise in a few sentences!

GaryBC

But I'll have a go.... 

As I understand it financial institutions in the UK are required by law to engage in Alternative Dispute Resolution (ADR). 
If I invite a bank to take part in the mediation process (a recognised form of ADR) yet they refuse to even respond to my invitation, what can I do to 'help' them agree to join me at the table (or, at the very least, get them to respond so we can, as a minimum, get some sort of dialogue going)? 

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.

I seem to be stuck between two 'systems' and I can't work out where to concentrate my efforts!

Any thoughts? 

Manxman_in_exile

You'll need to give more info if you want meaningful advice that you can rely on.  Otherwise it becomes a game of 20 questions...

eg  Consumer law - is it a s75 claim?

eskbanker

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

GaryBC

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! 

GaryBC

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! 

eskbanker

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!

GaryBC

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". 

GaryBC

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. 

eskbanker

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 didn't ask about s75, but someone else did - I did look for s140 of CCA 1974 before asking, but saw that it had been repealed, so assumed it wasn't that, but, looking a bit deeper, wonder if this is another thread about this old historical issue?
https://forums.moneysavingexpert.com/discussion/6297721/shared-appreciation-mortgage
https://forums.moneysavingexpert.com/discussion/6436744/retrospective-action

Manxman_in_exile

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...

GaryBC

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?"