Financial Ombudsman problems

MattMattMattUK

richc1981 said:

6.  I would like repair or replacement as a remedy.  Failing that full refund plus interest. 

Just on this point, you are not entitled to a full refund plus interest, you are entitled to a refund discounted for usage. 

PHK

I agree with Alderbank. Where there is a dispute about whether an item is faulty or abused/accidentally damaged then one side needs to prove their case.

It should be the case that it's the bank who needs to prove their position. It seems to be that the FOS investigator has accepted the evidence of the bank as "proof" that the chair is not faulty.

I've put proof in quotations as the FOS operate to a different standard to the courts. So they will decide if the banks evidence means it's more likely than not that the chair is not inherently faulty. They also apply a "reasonable in the circumstances" test.  

Ultimately, if the OP does not accept the Ombudsman's findings they can take the matter to court. 

Edit: I should add that the FOS won't decide if the chair is faulty but whether the evidence they've seen supports that the bank has acted fairly.

the_lunatic_is_in_my_head

MattMattMattUK said:

richc1981 said:

6.  I would like repair or replacement as a remedy.  Failing that full refund plus interest. 

Just on this point, you are not entitled to a full refund plus interest, you are entitled to a refund discounted for usage. 

No deduction within the first 6 months as discussed (based on exercising final right to reject).

I'm pretty sure the small claims process entertains interest on a debt at 8% a year.

https://www.gov.uk/make-court-claim-for-money/work-out-interest 

born_again

Remember bank is not a expert on chairs. So OP gets a report. If they win the S75 they get the cost back.

It is things like this that make S75 a nightmare. 

the_lunatic_is_in_my_head

born_again said:

Remember bank is not a expert on chairs. So OP gets a report. If they win the S75 they get the cost back.

It is things like this that make S75 a nightmare. 

OP isn't an expert on chairs either

The bank should get the report according to the legislation, currently it is taken the chair didn't conform unless demonstrated otherwise.

I appreciate the bank doesn't want to because it's inconvenient but they weren't forced to lend credit on the purchase. 

lincroft1710

Was this chair purchased for personal or business use seeing that it was an office chair