Finacial Ombudsman and a Court claim - can they both happen at the same time?

ric_flair

Hi,
Due to the fact I lost my job, I arranged a lower monthly payment plan with RBS on a loan I had.
This was going fine, but then out of the blue, they demanded me to pay the full origonal amount. I felt this was unfair, so I complainted to the FO. RBS argument was that I was back in full time employment (but im still struggling).

They have just logged a claim in the county court, demanding the full amount - although I suspect they just want to get me to pay the full monthly amount again.

My question is this - will the court deal with the claim, considering I have (and still being investigated) logged a complaint with the FO?

I have in my defence form told the Judge about the FO complaint I have logged.

Thanks

BAILIFFCHASER

ric_flair wrote: »

Hi,
Due to the fact I lost my job, I arranged a lower monthly payment plan with RBS on a loan I had.
This was going fine, but then out of the blue, they demanded me to pay the full origonal amount. I felt this was unfair, so I complainted to the FO. RBS argument was that I was back in full time employment (but im still struggling).

They have just logged a claim in the county court, demanding the full amount - although I suspect they just want to get me to pay the full monthly amount again.

My question is this - will the court deal with the claim, considering I have (and still being investigated) logged a complaint with the FO?

I have in my defence form told the Judge about the FO complaint I have logged.

Thanks

You need to notify the fos as well of what is going on. I would call this an abuse of the process.

ric_flair

Ok Thanks, will do.

Is it pssible the FOS will let the court deal with it, even though I complained to the FOS before court proceedings started?

And on the flip side, do you think the Judge will allow court proceedings to continue as the matter is being investigated by FOS?

BAILIFFCHASER

If the court finds out then they will either stay the case or will arrange a hearing and then suspend following the outcome or may even turn around and say that it should be dealt with by the fos.