Ombudsman complaint on hold

allystar

Hi there, I received the email below today, in relation to 2 complaints against Virgin credit card complaints that were upheld by the investigator… Virgin didn’t agree, so it was escalated to the Ombudsman a couple of months ago.  I’ve not paid anything in 12 months and both had defaulted but are no longer showing on my credit file…. 

Do I just continue doing nothing?

”

complaint about Clydesdale Bank Plc trading as Virgin Money

 

Our service has received judicial review claims which challenge the way we approach complaints where section 140A is relevant law. Whilst the complaints are not identical to yours, the approach we’ve taken to complaints about unfair relationships is being challenged in the courts, and the outcome of those court proceedings may have the potential to impact the way that we consider your complaint. As a result, I’m afraid we won’t be issuing a decision on your complaint whilst the matter is being considered more widely.

 

I appreciate this means you’ll have to wait longer for an answer from us, and you’ve already waited a long time to get to this stage. I’m sorry about the further delay. Unfortunately, I’m unable to give a timeframe for when this matter is likely to be resolved, as to a significant extent it rests with how quickly the courts will deal with the challenge to our approach. I will be in touch every few months to update you on any progress, but in the meantime, we appreciate your patience”

MyRealNameToo

The decision of an ombudsman at the FOS is binding on the financial services firm if the customer agrees to it. Whilst that is true the FS company can ask for a judicial review if they feel the ombudsman has made a material mistake. It won't change the outcome of the case that triggered the review but the ombudsman will update their processes and decisions going forward if the courts rule that they have made an error in process or law. 

If something is being challenged in court it's general best practice to pause other similar cases than press on blindly knowing that your logic has been questioned. There's not much you can do other than wait. 

sourcrates

Whilst the "dispute" is being settled, you continue to withhold payment and yes, just do nothing.

These kind of things usually take a long time to come through the courts unfortunately.

andyb_200566

I wondered if you've had an update on your delayed decision? I am in the same situation with a decision on a Nationwide overdraft. The is apparently a judicial review planned, but they will not release any further information. Despite having FOS support, my case has be open for over 2 years.

allystar

Hi, yes… my complaint was upheld…they shared that the judicial review outcome wouldn’t impact the decision. So all good for me!

sasha11a

hi alley star

can I ask did you have to chase this to get outcome. Mine is sitting exactly the same for a year. Any help greatly appreciated!
mine is regarding an overdraft tho

allystar

No, I didn’t chase.