FOS vs court proceedings

[madtergee16]

Hi all,

I have read many negative remarks about the FOS and ICO, from them being bias, taking extremely long to conclude a case, over 2 years in some cases, to claims of, incompetence.

Therefore, my question is why people do not sue the DCA or creditors in the small claims court if they believe they have a case. Surely, money alone cannot be the reason why people select to use the FOS and the ICO.

From what I understand courts have the power to order lenders and credit reference agencies to correct any mistakes made. They can all so order any compensation if you can prove your financial lost.

I too have contacted both FOS and ICO; however, I have given them two months to reach a conclusion and then I am going to start court proceeding against DCA.

[ims21]

You don't give any details of the case against the DCA?

 

What is the issue you are trying to resolve?

[madtergee16]

hi ims21

 

I am trying to get a default removed. I will bullet point this.

1) I got credit card then defaulted in May 2006.

2) Original lender sold debt in to DCA May 2006

3) Credit reference agency show DCA name appear next default and dated “September 2007”

4) I question the dates with DCA, first they claim default was placed by Original (I have this in writing from them).

5) I point out if original lender place default, they can only place their name next the default, not change the date.

6) They write back now asking me ignore first letter, they that placed the default and correct date is September 2007.

7) Received confirmation letter from original lender stating they placed default in may 2006.

8) Forward all documents to both FOS and ICO.

[madtergee16]

The default should have dropped of May 2012

[ims21]

First thing would be to SAR the original creditor.

 

Need to find out exactly when that original default was added.

 

The original default date cannot be changed.

[madtergee16]

I have sent SAR already. Their 40 days will up end of this month. I am concern that they have sent me two. letters confirming they placed the defaults they even stated the full date. I just hope they dont up come with something different now

First thing would be to SAR the original creditor.

 

Need to find out exactly when that original default was added.

 

The original default date cannot be changed.

[red-ed]

The remarks and claims about the FOS are correct - they are at best random and incompetent - and quite probably bias. I always use them first, and if they get right, which is rare then great, but if they don't, i then take the other party to court.

 

Ed

 

PS - There is something very wrong about the complaints process - it looks like a growing industry being feed by the failure of the banks to deal properly with their customers - if no one complains FOS gets no work so it is in FOS interests that the banks remain useless and thats why there is bias.