FOS ridiculous Ajudication

[Rafalbert]

Hi all,

 

hopefully someone can give me some advice. My wife had an account with HSBC which she closed in December 2007. Unbeknownst to us, they did not cancel a SO to her loan account, which then duly debited an account with no funds in it (as it should have been closed). They duly applied charges to this account without issuing any correspondence or telephoning her. The first inkling we had of this was when we applied for a mortgage, this debt was shown to be outstanding. Upon investigation we discovered what had happened and made a complaint to no avail. My wife then made a complaint to the Financial Ombudsman, who started to investigate (and advised us to pay the loan amount which we duly did, only to discover later that it had been already been paid that month from her new account), HSBC agreeing to freeze the account whilst this was happening (approx £650). This has dragged on ever since, with people leaving the Ombudsman and new people taking over the case. A few days ago we received a letter from Buchanan Clark and Wells Debt Agency (BCW Group Ltd), stating that we owed £2500. Again upon investigation, we discovered that the Ombudsman ruled in favour of the bank, stating that there was not enough evidence for the claim (they had basically lost all the paperwork). Again, we have not received any paperwork from HSBC or the Ombudsman to confirm this, nor can we clarify when this took place. I struggle to work out how they have come to this new figure, or how the Ombudsman can justify there is not enough evidence. My question is mainly this; BCW state that they have been instructed by HSBC to collect this amount. Is this true, or have they bought the debt and trying to add more funds to it? If this is so, what can I do about it? Any advice would be gratefully received.

 

Dave

[rebel11]

Hi Raf

 

Have you at any point sent HSBC a SAR Request?

 

http://www.consumeractiongroup.co.uk/forum/content.php?417-A-Subject-Access-Request-for

 

They will send you all the data on your account. They have 40 days to Respond. You might get information that could help your case. Template can be found in the library. But in the meantime, it might be an idea to tell them you'd like to appeal (your waiting for data from the bank) -

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?329749-FOS-ridiculous-Ajudication&p=3641616#post3641616

 

http://www.financial-ombudsman.org.uk/faq/index.htm

[Airwolf]

You should either call or email the FOS asking for a copy of the view (opinion expressed by an adjudicator) to be sent to you. You need to know exactly what is going on

 

Monday to Friday – 8am to 6pm

Saturday – 9am to 1pm

• 0800 023 4567
  free for people phoning from a "fixed line" (for example, a landline at home)
  
• 0300 123 9 123
  free for mobile-phone users who pay a monthly charge for calls to numbers starting 01 or 02
  

complaint.info@financial-ombudsman.org.uk

[Airwolf]

Unfortunately with the FOS to gain a successful outcome, you have to lay out the trail of breadcrumbs for the Adjudicator and subsequently the Ombudsman to follow.

 

Can you provide a copy of the bank statement showing the payment going out of her new account ?

 

The FOS works on the balance or probabilities, even though you shouldn't have too, you need to show that it was more likely than not, your wife asked for the account to closed.

 

This can be demonstrated by when d/d's and s/o's were transferred to the new account and when her salary started to be paid into the new account etc..