Yours sincerely My question to other consumers have you suffered this way also????

JDey I agree with your comments 100% They call themselves EXPERTS..... well they did not impress me with the sound knowledge. It appears to me a game... on the balance of probabilities most consumers would give up the fight because of the long delays..... it took them 9 months to fully investigate my first complaint and my second complaint they advised me could take upto nine months.... You would get better results from the small claims court. WHEN THEY ARE WRONG THEY DONT WANT TO REPLY TO YOUR LETTERS.

I agree the FOS are not very good. Their documentation claims they are EXPERTS... well I have made two complaints about the way the handle consumer complaints... and now I have no faith at all in them at all.

Sunny Try this link Get your FREE Experian Credit Report and check your credit history and score now: CreditCheckForFREE.co.uk

Thank you for the reply Markir Mark , but does this apply to a credit card ? It says fixed sum ,which credit cards are not . Your spending and payments change monthly . So with out monthly statements , your lost . I would have thought it applies to all contracts burden of proof? Unfair Contract Terms Consumer Contracts Regulation 1999 (4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.

I have made a formal complaint to the Information Commissioners Office. See what happens

I asked them about giving me a Fair Hearing they refused. This chap Michael Barnes was not prepared to investigate dispite giving them evidence to support the statements I had made.

Tifo Just as I expected they would treat you. From experience I tell you the FOS are not that good. I looked at the following acts which applied to my complaint. Data Protection Act 1998 Section 7/10 Unfair Contract Terms In Consumer Contracts Regulation 1999, which now applies to house purchases. Whippee about time. Civil Procedure Rules 1998 Contracts (Rights For Third Parties) 1998 Consumer Credit Act 2006 about time they removed the threshold of £25,000.00 this will increase claims against financial organisations who lend money. Two claims instead of one for larger sums . Despite what the Financial Ombudsman claimed, still took the developer to court and they settled out of court. They told me that that Zurich did not breach the data Protection act but how wrong they were. The Information Commissioner Held my complaint and Zurich offered me a £100.00 but I refused. From experience I learned to have a paper trail for everything. Their documentation says they are EXPERTS.

Nope I dont have proof what day they sent the policy because It was not sent recorded delivery. I found lots of other errors like the following:- They did not advise me about protecting my no claims bonus but took this of the price of the policy so they get the deal on they day. They told me I was not covered for accidential damage but was covered for fire. The damaged my curtains trying to restore them. They failed to supply all the documentation in accordance with the Data Protection Act act section 7. I have legal expenses cover on my building and contents insurance and if they deny this then I will say this was missold to me also. They told me that under the emergency breakdown cover somebody will be at my door within 2-4 hours. They did not arrive till 36 hours. I have complaint to the FOS by the time they come round to finalising my complaint it would have settled in court.

In december 2007 I called Halifax home Insurance for a quote of my building and contents insurance. The sales person went through his sales platter and I accepted his quotation. The policy did not arrive until 30 days later and unfortunately I had to make a claim just after 30 days. I had a fire in the Lounge and was waken up by the smoke alarm. When I made a claim having had a sleepless night. The salesperson had no care. All he was interested in losing my no claims bonus. THEY DID NOT CARE WHAT I HAD BEEN THROUGH. When I looked at the policy, I found that No Claims bonus was not added to my policy. I requested a copy of the recording under the Data Protection Act and found they made no reference to protecting my no claim bonus at the time I made the call. I also found other mistakes on the policy schedule and realised that in order for Halifax to get the deal on the day they offered less. Now over 12 weeks they have still not resolved my claim. This kind of service you would not expect for a reputable company. I would not recommend them to ANYONE because their customer service is rubbish. You have having to constantly ring them to find out what the hells going on. I took out legal expenses cover with them also and noticed there was no exclusion clauses in the contract that I could not make a claim against them. When I tried to make a claim under the legal expences cover. They told me they could not help because there was a conflict of interest. I said to them there is nothing in the terms and conditions state I cannot make a claim against them. Another product they sold me but were not allowing me to make a claim on it. In addition to the above the policy did not arrive until after 30 days and there is a claus in the contract which states you cannot cancel the policy after 30 days.

I made an application under s7 of the Data Protection Act 1998 and do you know what the FOS had failed to do that. I have made a formal complaint to the Information Commissioners Office. I dont think I have any confidence in the way the FOS handle consumer complaints based on my experience with them

“77A Statements to be provided in relation to fixed-sum credit agreements (1) The creditor under a regulated agreement for fixed-sum credit— (a) shall, within the period of one year beginning with the day after the day on which the agreement is made, give the debtor a statement under this section; and (b) after the giving of that statement, shall give the debtor further statements under this section at intervals of not more than one year. (2) Regulations may make provision about the form and content of statements under this section. (3) The debtor shall have no liability to pay any sum in connection with the preparation or the giving to him of a statement under this section. (4) The creditor is not required to give the debtor any statement under this section once the following conditions are satisfied— (a) that there is no sum payable under the agreement by the debtor; and (b) that there is no sum which will or may become so payable. (5) Subsection (6) applies if at a time before the conditions mentioned in subsection (4) are satisfied the creditor fails to give the debtor— (a) a statement under this section within the period mentioned in subsection (1)(a); or (b) such a statement within the period of one year beginning with the day after the day on which such a statement was last given to him. (6) Where this subsection applies in relation to a failure to give a statement under this section to the debtor— (a) the creditor shall not be entitled to enforce the agreement during the period of non-compliance; (b) the debtor shall have no liability to pay any sum of interest to the extent calculated by reference to the period of non-compliance or to any part of it; and © the debtor shall have no liability to pay any default sum which (apart from this paragraph)— (i) would have become payable during the period of non-compliance; or (ii) would have become payable after the end of that period in connection with a breach of the agreement which occurs during that period (whether or not the breach continues after the end of that period). (7) In this section ‘the period of non-compliance’ means, in relation to a failure to give a statement under this section to the debtor, the period which— (a) begins immediately after the end of the period mentioned in paragraph (a) or (as the case may be) paragraph (b) of subsection (5); and (b) ends at the end of the day on which the statement is given to the debtor or on which the conditions mentioned in subsection (4) are satisfied, whichever is earlier. (8) This section does not apply in relation to a non-commercial agreement or to a small agreement.” 7 Further provision relating to statements (1) In section 78 of the 1974 Act (duty to give information to debtor under running-account credit agreement) after subsection

The banks try and sell you identity cover, yet they are the ones who lose the credit agreement. I would have thought in the interests of sercurity they would keep proper records of customer accounts. In the media indentity theft is on increase. I have made an application under section 77/78 of the CCA 1976 and they have 12 days and a further month, i think. Failing this I will contact in Information Commissioner Office.

Hi I have just read the bank can recreate them How trustworthy is your bank? | Money | The Guardian

Another avenue CPR 31.16 provides that disclosure can be ordered prior to the commencement of proceedings where the Court is satisfied that it may dispose fairly of the anticipated proceedings.

I am creating a video to make my case public. You will see it on you tube soon.

I was reading the following site which will be of interest to you Information for Practitioners - Pre-Action Disclosure Civil Procedure Part 31.6 Pre Action Disclosure Got your PM will reply now

Tifo I wrote to the Hunt Review and they were unable to comment because the report has been finalised and will be published soon. I am currently having the information commissioners office look at the potential breaches on the DPA act. With regards to taking legal action I can I would like to make you aware that this can be an expensive and if you do your homework you will be fine. I am researching law as we speak and before I consider any legal action I will also need to do some homework. When you look at the literature the FOS claiming to be Experts well they were not in my case and from the sound of it they were not in others. Like many I see on the website who have written to their MPs I did the same and to be honest I was dissapointed with his letter. I want to say alot of things about FOS but cannot due to the restrictions imposed on this website. The following statement was made by the FOS I confirm that we will apply any relevant legal principle or precedent, including the legislation you refer to, when ruling upon a complaint. Not in my case FOS

If you have to complain to the Financial Ombudsman Service, I would STRONGLY recommend request the following:- To ensure that your complaint is investigated fairly request all copies of all documentation under section 7(1) of the Data Protection Act 1998 from the company you complained of. It is advised that any requests made under the DPA are sent recorded because it is so easy to say we did not receive your request. Make a second Data Protection request from the Financial Ombudsman Service; request them to erase names of other individuals. This is to ensure that you and the company in question will have same documentation. If documents disappear at least you have the opportunity to advise the FOS at a later stage. Request a summary of the documents in their possession; this will be another opportunity to raise matters later stage. Request that they do not destroy any documents without your permission or prior to destroying them to let you know.

Give me your email address I will be more then happy to forward you a copy of the email.

If they do get it wrong why dont they be open and honest about the matter. This is what the website claims it does. I refer to Document Ref: 110/22.01.07 This is the document that the financial institutions give you once they have made a final decision. I have to admit that there is nothing in the leaflet that states what the FOS cover and what they do not cover. I queried this and had an email making the following written representation :- "I confirm that we will apply any relevant legal principle or precedent, including the legislation you refer to, when ruling upon a complaint." So how would I know they cover the DPA or not? In addition to the above why does it take them seven months for a final decision. On the balance of probabilities most consumers would give up?

With regards to section 7 DPA the FOS did not disclose all the information I had submitted to them. These emails were showing the FOS where they went wrong. I hold a very negative view when i comes to the FOS and thats because of my experience dealing with them.

Perhaps you should ask the FOS to send a survey out to all those people who made a complaint and see what sort of response they get. This should be done independently. Advertising this information will be very useful for the public.

IF you think they are fair and open about the way they deal with consumer complaints... well this will be something . They did not investigate my complaint properly. I wonder why the Financial Ombudsman Service was setup? is there mega problems in the financial services???? is this ADR process setup because of the number of cases in the courts???? I wonder I provided the them with lots evidence on their final decision they make no references to them. You have mention some of the regulations above but they dont make head or tails to me and I suspect they would not mean much to many people.? In my experience they are not what they are made out to be... Thank you for providing me with feedback on my comments but on this occasion I think your wrong Experience Speaks Louder The Words. Perhaps you should ask the FOS PERSONALLY to update their website with clearer information then consumers with understand the way the work better. In addition to the above I think the Hunt Review should ask consumers for feedback on the way the FOS has handled their complaint. Currently the Feedback is only from the Financial Institutions and not consumers. For your information I contacted the Hunt Review and made the above comments which you claimed were not 100% true. But they were unable to comment because the report had been finalised.......

DO YOU REALLY THINK THEY ARE DOING JOB?? They failed to investigate my complaint properly and expect me to hide it under the carpet