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Would she win at Small Claims Court?

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Comments

  • ArbitraryRandom
    ArbitraryRandom Posts: 2,718 Forumite
    Sixth Anniversary 1,000 Posts Homepage Hero Name Dropper
    edited 15 January 2024 at 3:52PM
    Also check your friend is aware they generally can't claim solicitors costs via small claims - so it's well worth going back to the FOS and raising with them the bank's non-compliance before taking any potentially costly actions... 

    Plus, if it's as you say, then she already has her case prepared (it's the file she took to the FOS, plus the final decision report), so I'm not sure the value added by a solicitor in this case anyway?  
    I'm not an early bird or a night owl; I’m some form of permanently exhausted pigeon.
  • Bank ignoring a Ombudsman's decision! It doesn't ring true.
    Let's Be Careful Out There
  • PHK
    PHK Posts: 2,585 Forumite
    Ninth Anniversary 1,000 Posts Photogenic Name Dropper
    Bank ignoring a Ombudsman's decision! It doesn't ring true.
    I agree, and they've got adjudicator and ombudsman the wrong way around. 

    Plus, if the decision becomes legally binding and the respondent doesn't obey the decision then the FOS say you should contact the FOS so that that can escalate (through the FCA if necessary)
  • To clarify, when your friend says bank, I assume they mean bank and not something like Klarna? I would hope that FOS would tell people they can’t make binding decisions with places like Klarna, as (currently) Klarna aren’t under the jurisdiction of the FOS (except a very small amount of conventional financial agreements). 
  • born_again
    born_again Posts: 23,655 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    To clarify, when your friend says bank, I assume they mean bank and not something like Klarna? I would hope that FOS would tell people they can’t make binding decisions with places like Klarna, as (currently) Klarna aren’t under the jurisdiction of the FOS (except a very small amount of conventional financial agreements). 
    Would be nice to just who they are that is not refunding?
    Life in the slow lane
  • Well hopefully the OP has what they wanted from the thread and their friend has a better idea of their options - it doesn't look from their posting history that they're likely to come back with more detail and update (though I'd be very happy to be proven wrong if they're reading this and want better/more tailored advice :))
    I'm not an early bird or a night owl; I’m some form of permanently exhausted pigeon.
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