Rejecting FOS's Final decision - What Legal Action to Can I take?

[Bupi]

Hi

I have two complaints with FOS started in 2008 in reference to Payments made by Barclay and LloydsTSB Credit and Debit Cards plus Cash. Now the final decision has been taken under the chargeback in my favour but not under Section 75 of the consumer Credit Act, which means that I will not get my back of £1500. The amount paid by Credit Cards were £8500 and by debit card £2000.

What I want to know is that if I reject FOS’s final decision, “can I take a legal action under Section 75 of the Consumer CreditAct” or do you suggest otherwise?

 

Bupi

[rebel11]

Hi bu

 

Welcome to CAG

The guys will advise as soon as they are available.

 

Could you provide some back ground information?

[Bupi]

In July 2007 I paid an arrangement fee to purchase a property from a property company (which held stand at all major exhibitions). It seemed a well established company which offered brilliant deals such as No deposit required (developer’s discount was shown as deposit in 2007), No stamp duty, No solicitors fees and two years rental guarantee meant no need to worry about the mortgage and their referred lenders arranged the mortgage(no hassle). However just before I signed the contracts the company filed for Voluntary Liquidation and in December 2007 I attended debtors meeting. In January 2008 I wrote to Barclays and LloydsTSB for a refund as I had paid for arrangement fee using my Debit and Credit Cards and some cash explained earlier. The banks looked into this but refused to do anything. Then I complained to their complaints departments but of no use. They sent me the leaflets to take the complaint to FOS. In April 2009 I complained to FOS and the outcome is that the banks have agreed to pay me under the Charge-back and not under section75 of Consumer Credit Act.

I feel cheated because under the Charge-back I don’t get £1500 cash back and £100 compensation is an insult for the stress, ill health and nightmares I have had trying to cope with this. I am going for Counselling (referred to by my GP) because I just couldn’t cope with this. I think I might take the payment now and take legal action for the compensation but not sure what to do? I do hope you can help.

[dx100uk]

is this an fos adj decision or the omb team

 

dx

[Bupi]

Omb team's decision.

 

Bupi

[AuntieP]

Dont accept the FOS desision if you want to retain the option to go to court.

Once you have formally accepted the FOS Ombudsman's decision, you cant go to court...you must choose one route or the other

[Bupi]

Hi AuntiP,

Thank you for your reply.

 

I want to take the banks to court, but so far I haven't been able to find a solicitor to fight my case. The amount is above £5k therefore I need a solicitor and the ones I have spoken to say "I need a solicitor who specialises in this type of work".

It's really frustrating and I feel I might have to accept the Ombudsman’s decision and cut my losses.

Any suggestions would be welcomed.