Financial Ombudsman

[bakerag]

I don't know if this is the right place to post.

 

I tried to post in

 

'Other Helpful Organisations'

'The Banking Ombudsman'

 

and it said to post under 'General'

 

I have recently had a letter from the Alliance and Leicester saying they are going to close my account, which I don't want to happen.

 

I phoned the Financial Ombudsman on 0845 080 1800 and they dealt with my case over the phone and gave me a reference number, they have said they will be writing to the bank, asking them to respond to the complaint. As I understand it, if the bank does not resolve the complaint then the Financial Ombudsman will take the matter futher.

[PKea]

Why are they going to close your account? The financial ombudsman isnt as good a service as it makes out. In my experience they tend to be on the banks side.

[bakerag]

The reason they have given is

 

'As it is clear that you do not accept certain aspects of the terms and conditions for the operation of your account we regret that we are unable to continue to offer you banking facilities'

 

I went to the Ombudsman because that was what I was advised to do by the Consumer Direct advice service on 08454 04 05 06, and I wasn't sure how else to proceed.

 

I have written to the bank asking them not to close my account or at least give me another 30 days before doing so as I am on holiday and will not have time to make other arrangements. I have also written to them asking for a copy of the contract and asking them to highlight the part of the contract that they tell me I do not accept. I should then be able to

pursue this with the OFT's Contract Regulation Unit.

 

What other advice can you give me?

 

How would I get an injunction to stop them closing my account.

[PKea]

Initially i would get a Parachute account in place ASAP so youre not left high n Dry. Is there a reason you have to stay with the A&L?

[elsinore]

bakerag, I presume that A&L have taken this action because you have instigated a claim against them. If so, then you could draw their attention to this:-

 

"Briefing Note BN 023/06

4 July 2006

 

FSA position on account closures and default charges

 

Generally, under FSA rules on dispute resolution and complaints, we would not expect any regulated firm to discriminate against a customer who makes a complaint.

 

However the relationship between a bank and its account holders, including the circumstances and manner in which accounts are closed, is governed by the Banking Code.

 

We have therefore raised this issue with the Banking Code Standards Board, and informed those firms involved that we have done so. As a result of those conversations, we understand that the Banking Code Standards Board intends to state its position on this issue presently. We encourage the industry to use this opportunity to demonstrate the value of the Code in ensuring fair and reasonable outcomes to such disputes".

Elsinore

[bakerag]

I have been with the Alliance and Leicester for over 15 years and am generally satisfied with the service I have received, I can see no reason to move. As far as I am aware I have been a model customer and have done nothing wrong.

 

For the bank to turn round after all this time and treat me so badly is absolutely appalling, they shouldn't be doing this and shouldn't be allowed to get away with. The rules are clear and appears that there is a code of conduct that the banks are supposed to adhere to. I get the feeling that most people think the Financial Ombudsman (0845 080 1800) is fairly ineffectual. But unless everyone who has had their accounts closed makes a complaint to the Financial Ombudsman, then it can't be shown that they are.

 

It is very easy to do a simple five minute phone call, that generates more paper work and man hours for the bank, if nothing else it is another thorn in the side of banks that might prompt them to make the charges they make proportional to the costs incurred.

[zootscoot]

Good for you,

 

Hopefully it will make them think twice before closing others' accounts too. There's no doubt that the fear of closure is putting many off claiming - particularly if they have an overdraft and would be left with the prospect of a basic bank account with no cheque book or debit card facility.

 

Stand up for your rights

[BankFodder]

I'm afraid that the Ombusman is pretty ineffectual but youshould still make the complaint anyway. You should also complain to the FSA and to the Banking Code Standards Board, both of whom have raised concerns at accont closures in these circumstances.

The real way to deal with it is to get an injunctin to stop it. If you have been a model customer as you say then I rate your chances of getting an injunction as very high.

No one has tried this yet although many people like the idea. If you want to have a go at this then we can help you although I am not available to help you until 7th Aug. PM me then if you want - and anyone else who wants to injunct their bank re account closure and we will see what can be done.

I am not receiving PMs at the moment as I am not generally online for the next few days

[bakerag]

I would be interested in taking out an injunction, but I am worried about the costs and would like to know more about what it involves. I am also concerned about the time, I am going on holiday this Friday and will be away for three weeks.

 

I have written to the bank telling them that I do not want my account closed and asking for an extension to the 1st September date, which I have been told will be when they will close my account. If I don't get the extension, I need to make arrangements before I go on holiday.

[bakerag]

I am now back from my holiday, and am interested in taking out an injunction to stop the Alliance and Leicester closing my account. Can someone explain how I would go about doing this?

[bakerag]

I don't know if I am the first, but I have made a succesful claim against A&L and have been able to keep my account open.

 

My account was due to close 'on or around the 1st September'.

 

I phoned the Alliance and Leicester today because my account had been suspended, spoke to the advisor to complain that I was unable to move money, and my direct debits and standing orders had disapeared. The advisor told me that I had requested that my account be closed because of the bank charges. I then told the advisor that I had not asked for it to be closed and I did not want my account closed or suspended and could she re-instate it. The advisor said she would have to speak to the Closures Department, which she did, I was then told the account would not be closed and she would re-instate all my standing orders and direct debits.

 

5 minutes after I logged back on to my account and everything was back to normal.

 

I had complained to the Financial Services Ombudsman and I had also sent a letter telling them I did not want them to close my account.

[zootscoot]

Fantastic news!

 

It shows persistence counts and this should give others greater confidence to not only pursue their claims but stand up for their rights to access to a bank account.

 

Well done!

 

Zoot

[angry cat]

Hi bakerag- Goos news that you have been able to keep your account open !! Re: The FOS, please do not waste your time with them. I wasted nearly two years with the FOS and at the end of the day, I was provided with their Final Response to my Complaint (incidentally, one cannot appeal against a FOS Ombudsman's Final Response!?) if I did not agree with the Ombudsman's view, their only advice was, that I could take this matter/issue to Court. Of Course, and because I have been empowered through the BAG/CAG, I am now aware that particular option was open to me in the first instance. JMHO - It would appear that the FOS is simply a Public Relations or Complaints handling service, set up by the financial Industry. I must emphasise, that the above, is simply my opinion (a member of the Consumer Action Group) Kind thoughts Angry Cat

[madasasnake]

Hi all - I have a complaint with the ombudsman, which is stalled even though the bank [NatWest] has refused to offer either a justification or a reasonable offer of settlement (they offered one with conditions that the ombudsman agreed are unacceptable). I have instructed the ombudsman to act accordingly, but apparently an utterly unacceptable offer is sufficient to get the bank off the hook. I've disagreed. I have also raised the issue of the Banking Code. NatWest ignores it at will with no penalty or consequence. It is irrelevant in the expected sense. I give the FOS the benefit of the doubt, but I am coming to the conclusion that it is actually quite toothless. The main limitation is that it is required to veiw each complaint separately... I have also been advised that they have to consider the banks actual costs in any proposed ruling. Seriously...

[bakerag]

The Financial Ombudsman have managed to get me £200 in compensation for closing my account, although I haven't actually received it yet.