Financial Ombudsman Final Decision. Halifax refuse to comply

Milarky

molerat said:

The decision remedy looks pretty straightforward and clear what the ombudsman meant.

Stop threatening and just go for the N322A

Real legal paperwork landing on the desk, especially when it is just an unchallengeable rubber stamp of the ombudsman decision, will often make them change tack.

Preceded by the 'Letter Before Action'?

masonic

There are a couple of steps it would be worth doing if you haven't already:

1) Go back to the FOS and inform them that HSDL is refusing to comply with their decision. They have levers they can pull, including applying pressure to the firm directly, and reporting them to the FCA for this regulatory breach. At the same time, request that they help you calculate a monetary amount corresponding to their decision to assist you with legal enforcement. Retain any correspondence discussing the monetary amount in case it is needed to support your case. The FOS may also be able to give you reassurance that the legal process you intend to follow is the correct one.

2) Get back in touch with HSDL and ask them to confirm their address for legal correspondence (which may not be the same as their customer service centre).

Letter before action is well worth doing, as this is very likely to get things moving. Include a copy of the FOS decision and a pre-filled copy of N322A to demonstrate that you are ready to proceed with enforcement action. Give them 14 days to respond.

There's also no harm in contacting LBG at their registered address to notify them one of their group companies is in breach of its obligations to comply with a Financial Ombudsman decision.

JANETSAVING

Are you sure I need the N322A form and not the N322B.
It seems a bit confusing as to whether I need permission to apply. And from whom ?

masonic

JANETSAVING said:

Are you sure I need the N322A form and not the N322B.
It seems a bit confusing as to whether I need permission to apply. And from whom ?

It's N322A because the court's permission is required to give the decision the power of a court order. See https://www.lawgazette.co.uk/practice-management/enforcing-financial-ombudsman-decisions/5041981.article

Note also the paragraph about citing the relevant legislation in the Financial Services and Markets Act.

JANETSAVING

Thank you for that.
It all seems rather thwart with difficult and challenges

masonic

JANETSAVING said:

Thank you for that.
It all seems rather thwart with difficult and challenges

That's why I'd give them every opportunity to reconsider their position before lodging the form with the court.

JANETSAVING

Update:
Having given Halifax every opportunity to comply with the FOS decision, and encouraged by the helpful posters here, I plumped up the courage and very carefully applied for a Court Order to enforce the FOS decision (N322A). 

A couple of points;
1. It needs to be lodged in the defendants local County Court.
2. Quote the relevant legislation; Section 228(5) FSMA (Financial Services and Markets Act) makes FOS (Financial Ombudsman Service) awards final and binding. Paragraph 16, Schedule 17 of FSMA provides that an FOS decision may be recovered by execution as if it were a court order.
3. There is a Court fee, £48, which I had to pay in advance, but it will be recoverable from the defendant.

The Huddersfield County Court we’re very efficient with my application (1-2 days). They issued and sent the Court Order directly to Halifax. I was very surprised with the speed and efficiency. It appeared from the paperwork that Halifax might of had 10 days to respond, so I stayed silent.
After just over 2 weeks, having heard nothing, I wrote (by registered post) and blitz emailed Halifax advising them that I was imminently going to appoint Court Officials (Bailiffs) to visit them and if necessary seize goods.
That finally elicited a response and they begrudgingly agreed to pay the full amount of the Court Order immediately.

So a very satisfying result.

But such a shame I had to go through such an elongated and stressful experience to get a fair outcome. 

A part of me wanted to send in the bailiffs with body cams…..is that naughty

boingy

Well done for persevering but I'm shocked you had to go to that much effort to get Halifax to pay what they owed. Shame on them.

MDMD

Just out of interest does anyone know if it is possible in such circumstances to just issue winding up Proceedings?

https://www.gov.uk/wind-up-a-company-that-owes-you-money

Obviously more hassle and cost but would be interesting to be there when that letter arrives!

masonic

JANETSAVING said:

Update:
Having given Halifax every opportunity to comply with the FOS decision, and encouraged by the helpful posters here, I plumped up the courage and very carefully applied for a Court Order to enforce the FOS decision (N322A). 

A couple of points;
1. It needs to be lodged in the defendants local County Court.
2. Quote the relevant legislation; Section 228(5) FSMA (Financial Services and Markets Act) makes FOS (Financial Ombudsman Service) awards final and binding. Paragraph 16, Schedule 17 of FSMA provides that an FOS decision may be recovered by execution as if it were a court order.
3. There is a Court fee, £48, which I had to pay in advance, but it will be recoverable from the defendant.

The Huddersfield County Court we’re very efficient with my application (1-2 days). They issued and sent the Court Order directly to Halifax. I was very surprised with the speed and efficiency. It appeared from the paperwork that Halifax might of had 10 days to respond, so I stayed silent.
After just over 2 weeks, having heard nothing, I wrote (by registered post) and blitz emailed Halifax advising them that I was imminently going to appoint Court Officials (Bailiffs) to visit them and if necessary seize goods.
That finally elicited a response and they begrudgingly agreed to pay the full amount of the Court Order immediately.

So a very satisfying result.

But such a shame I had to go through such an elongated and stressful experience to get a fair outcome. 

A part of me wanted to send in the bailiffs with body cams…..is that naughty

That's a fantastic outcome, and thanks for providing the helpful details as there are reports of people having issues with getting the paperwork correct when it comes to court enforcement. It certainly would have made an entertaining segment on one of those bailiff TV shows if they hadn't paid up!