Financial Ombudsman Final Decision. Halifax refuse to comply

molerat

JANETSAVING said:

I have no experience of such conflicts. 

I find it very intimidating, the prospect of having to go to court and fight a hostile company.
And I’m concerned about the cost of employing lawyers

https://debtcamel.co.uk/enforce-financial-ombudsman-decision/

This isn’t “retrying your case”:

• you don’t have to explain your complaint at all
• the firm can’t object
• it is effectively a rubber stamp by the county court.

You will get a judgment order back from the court, headed Order for recovery of award.

JANETSAVING

The settlement details payments to be paid for past interest payments and future payments. They are  only willing to pay for the past (very overdue) payments. So the first 2 bullet points on the Ombudsman’s decision they are willing to pay but not the 3rd. 

Not surprisingly the 3rd point constitutes the bulk of the award. 

JANETSAVING

Molerat, The difficulty is that whilst the sum involved is clear on the opening page of the decision. When you get to the conclusion, the award is specified as a number of calculations. This is problematic as the form N322A requires a single monetary entry. And I believe the Court doesn’t like having to use their calculator.

xylophone

I think that you need to be firm with Halifax.

 If you get nowhere, it seems to me that your case might be of general interest  and you  might  consider contacting BBC Money Box or Money Mail.

https://www.bbc.co.uk/programmes/articles/1M8DssCcgjtZQlwLCrLBmpM/contact-money-box

https://www.thisismoney.co.uk/money/article-1585631/This-Money-Contact-thisismoney-uk-email-phone.html

JANETSAVING

Thank you Xylophone,
I appreciate the suggestion. I’ve never found myself in this sort of position before where I have won a claim, which is supposed to be legally binding, and the company refuses to comply.
it seems quite disgraceful to me.

Bigwheels1111

JANETSAVING said:

Thank you Xylophone,
I appreciate the suggestion. I’ve never found myself in this sort of position before where I have won a claim, which is supposed to be legally binding, and the company refuses to comply.
it seems quite disgraceful to me.

I have just read all the posts good for you not folding.
Stop worrying, 
You can only gain in the future because every day you will gain more interest.

I personally am a complete Bar steward.
I would never let anything go. ( I just got £100 from Peugeot because they did not give me 1 piece of paper).
I fight banks all the time, I’ve had 5 or 6 cases upheld with banks.
One with Peugeot, another issue. 4 years free AA cover & my money back plus 9% interest I think it was.
Plus £250 good will gesture.
Don’t get me started on Gas & Electricity companies.
I love to argue and have the time and energy.


Fight, Fight, Fight.
No surrender no retreat.

The hard work has been done by yourself.
This is now a debt, the court should enforce the debt.
I think it would sooth your soul when you send a bailiff round.
You could get on tv.

Call the Bailiffs

Just think how elated you will feel when you bring them to their knees.
Then post it on every social media platform there is and rub their faces in the dirt.

GeoffTF

I remember seeing a post in which someone was having trouble with Halifax Share Dealing Limited (HSDL), which is part of Lloyds banking Group. After getting nowhere with HSDL complaints, they complained to Lloyds Banking Group. I am not sure, but I think they wrote to the CEO. Lloyds complaints then dealt with the natter and overruled HSDL. Bad publicity for HSDL is also bad publicity for Lloyds. Whether that is your best course of action is another matter.

DullGreyGuy

JANETSAVING said:

I have no experience of such conflicts. 

I find it very intimidating, the prospect of having to go to court and fight a hostile company.
And I’m concerned about the cost of employing lawyers

You are not fighting them, the FOS has statutory powers and their decisions are binding. The form is simply asking the court to rubber stamp the FOS's decision (the case isnt retried, the court automatically backs the FOS's decision).

Once you have a court order it then opens up other methods of recovery against the company but also ways to cause them headaches like a warrant of control to get bailiffs to their offices, require an officer of the company to attend court to disclose its financial position and its ability to pay the debt, third party debt order to freeze their bank account, a winding up order to liquidate the company... lots of things that will get swift payment to avoid the hassle 

JANETSAVING

DullGreyGuy,
It is the getting of the Court Order that troubles me. It seems judges have very little experience of N322A forms

DullGreyGuy

JANETSAVING said:

DullGreyGuy,
It is the getting of the Court Order that troubles me. It seems judges have very little experience of N322A forms

Thankfully they aren't that frequently necessary, especially in relation to the FOS, but that's ok. Judges are generally fairly learned people, they know what cases they've got coming and it's not hard for them to refresh themselves on procedural matters. 

As pointed out above, its not a restart of the process, its not having to present evidence and make arguments, the judge is simply making an order to say the FOS's decision has to be followed. The only pity is that the order says to make percentage payments whereas life would have been easier if it had given absolute amounts.