Financial Fight Back Guide discussion

Chances are you'll get a vague apology and probably £25 or £50 compo to make you go away. You had the money refunded, you lost nothing, the bank admitted they were at fault, time to move on.

Having read the MSE article from which this discussion thread stems, I'm baffled to note MSE failure to highlight the fact that the Financial Ombudsman Service's remit does NOT include the investigation / adjudication of complaints against DCAs in pursuit of money claimed by utility companies (water, gas, and electric.)

This country's 'Big Six' energy companies have a truly appalling record of mismanaging customer bills and I have no doubt that, like members of my own family, there'll be hundreds of people right now who are being unjustifiably harassed by DCAs on behalf of those companies.

My family members are presently having to deal with one particular DCA in regard to a bill which is grossly wrong, which the DCA has been repeatedly told is disputed, and in regard to which the DCA has been asked on not one but four separate occasions to actually produce the evidence upon which it keeps issuing its threats.

Last Friday, my family members received yet another threatening pay-up-or-else letter from the DCA, this time to say that Court action will follow if the amount allegedly owing is not paid within 7 days.

Pressure to pay this amount has been exerted by letter and by phone call. Failure to provide evidence of claim has been consistent. Refusal to cease harassment whilst knowing full well that the amount is disputed (and the subject of formal complaint to its client) is blatant.

Is it, one wonders, because both the DCAs and the energy companies in this country are laughing up their sleeves because they know that the Financial Ombudsman Service is *not* going to do anything in a case like this?

Or is there, after all, some means whereby a DCA's conduct in such a case can be drawn to the attention of at least some regulatory authority or other so as to clamp down on this kind of behaviour?

There's so much, much talk in this country of consumer protection -- including that MSE article -- but when it comes to the disgraceful behaviour of so many utility companies (behaviour ironically highlighted here on MSE itself in countless hundreds of posts) it seems the protection isn't there when truly needed: if a giant gas and electricity supplier wishes to make someone's life hell, then by all means, let it do so.

Moneyineptitude wrote: »

I hit Spam.

same here

I am awaiting a Financial Ombudsman Service investigation decision about my serious complaints about Kensington Mortgage Company. I think the staff I have dealt with at the Financial Ombudsman Service have been wonderful, helpful, supportive, shown empathy and understanding of my plight. I feel confident they are taking my concerns seriously and that they genuinely care about ordinary people and see the injustice and unfairness I received and will I am confident they will help. Sometimes I get down that it has been a long process, but mine is a very complex case which as I will explain has been delayed and thwarted by the actions of Kensington Mortgage Company, who have tried everything, even lied to prevent the FOS being involved.

I have been wanting to apply to the Financial Ombudsman Service for years and Kensington Mortgage Company responded to my complaint in writing stating I was not an eligible complainant to the FOS and The Financial Conduct Authority would not allow them to investigate my complaints about hidden, unfair and excessive charges. On one day alone back in 2013 Kensington Mortgage Company charged the account £17,612. In one year 2013-14 the total charges added to the account was over £40,000. I could only just about manage the mortgage and as a lone parent and survivor of domestic and economic abuse from my ex partner, but could not afford to pay hidden and unknown charges indefinitely, especially as they were occurring despite paying the agreed monthly mortgage amount.

In 2019 it was confirmed that I was an eligible complainant to the FOS under FCA rules and had been all along and my concerns should have been addressed back in 2014. It was also confirmed that Kensington Mortgage Company had no right to decide and tell me or the Court who was dealing with possession proceedings that the Financial Ombudsman Service had refused to help me and if the Court was minded to order that they did, they would appeal as the Court had no jurisdiction to force the FOS to consider my complaints.

That turned out to be lies and again both myself and the Court were misinformed. (There are now misconduct complaints investigations by the Bar Standards Board for the Radcliffe Chambers Barrister that passed on the incorrect information to the Judge, as well as Solicitor Regulation Authority Complaints against the Denton’s Solicitors Lawyer and Paul Heeley Kensington Mortgage Company’s own in house Senior Lawyer for their parts in misinforming the Courts) it turns out the FOS had written to Kensington Mortgage Company prior to the Court hearings informing Kensington Mortgage Company Litigation Team that my Complaints were with them, going to be investigated, I was eligible to complain and most importantly to please hold off on any eviction or repossession proceedings. Of course the Solicitors and Barrister being investigated for misconduct, forgot to tell the Judge that bit, even though he asked these questions outright. Because the Court was likely to have said that the repossession proceedings could be put on hold to allow a fair investigation by the FOS,,as the FOS also requested, these lawyers wanted a repossession so lied. I was a litigant in person so they thought I would never fight on and investigate until I found the truth, especially after I lost my home. Now the FOS investigation is tasked with putting me back to the position I would have been, had the lies and errors not occurred.

So if a lender ever writes and says you are not eligible to complain to the FOS, they are lying. Under FCA DISP Rules 1.4 they must merely inform you that you can bring a complaint to the FOS and provide a leaflet on how to complain to the FOS. It is the FOS who decides whether or not someone is eligible to complain and if they will or not. Any lender like Kensington Mortgage Company who tries to interfere with this process to help consumers knows they have done something that is wrong.

It has been 1 year 2 months since I first complained to Kensington Mortgage Company and 8 months since I was deemed in jurisdiction by the FOS and my complaint started. The FOS have asked Kensington Mortgage Company if they wish to make a settlement for their actions before the long FOS investigation concludes and Kensington Mortgage Company have said no.

However, even though I have started the complaints process to the legal regulatory authorities about the Solicitors and Barrister, Kensington Mortgage Company appear to let them be thrown under the bus. I was told to even save the reputation and careers of their legal team they might offer to settle, they have not.

I lost everything my home, much of my belongings and my home was sold at a massive undervalue leaving me with nothing. But these methods adopted by Kensington Mortgage Company and their Lawyers are tried and tested and need to be exposed so they don’t continue pulling the wool over the eyes of the Court, the Financial Conduct Authority and the public to get repossessions. So I know my case involves so much evidence that proves Kensington Mortgage Company acted intentionally wrong, this will be highlighted and hopefully prevent other families and children being made homeless