Enforcing adjudicators decision - financial business wont pay up.

[limelight]

Hi,

 

My complaint to the FOS has been upheld by an adjudicator and I have been awarded £500 compensation. I have signed the FOS form accepting the settlement. Please note that I settled at adjudicator stage - it was not necessary for the matter to go to the final stage and be reviewed by the actual Ombudsman as all parties agreed to settle.

 

However, the financial business is now refusing to pay the £500 until I sign paperwork drafted by their solicitors. I am not happy with the wording in the paperwork and feel that as I have already signed a settlement form then all that needs to happen now is that they need to pay up. They wont budge or make any amendments to their paperwork.

 

The financial business have said that as I will not sign the paperwork they have now closed the matter.

 

There were no conditions to the settlement requiring me to sign any further forms in order to receive payment.

 

I have spoken to the adjudicator who handled my case and she says that the case is now closed on her side and there's no further help she can offer. She says that it's a matter for me to sort out with the financial business.

 

So, where do I go from here?

 

If it were a decision by the Ombudsman then I know I can head straight for enforcement but as it's just an adjudicators decision I don't have that option.

 

Would it be appropriate to issue an N1 in the county court and use the FOS settlement letters as evidence to sue for the amount awarded?

 

Many thanks,

 

Limelight.

[ims21]

Hi and welcome to CAG.

 

Can I ask, are there conditions on their solicitor's paperwork which differ significantly to the fos decision please?

 

If so what are they?

[limelight]

Hi, thanks for the welcome.

 

My complaint had two limbs. One limb was upheld (£500 compensation). The other limb has been deemed a matter for the courts as it does not come under the jurisdiction of the FOS and so the FOS has not adjudicated on that particular limb.

 

The solicitors paperwork implies that I am settling on all matters which is not correct - I am only settling on Limb 1. If I sign the paperwork it means that I will not be able to take Limb 2 through the courts as they will produce this document with my signature on and state that I've already settled.

 

Hope that makes sense.

 

Limelight.

[ims21]

Ah ok, I see where you are coming from.

 

Are you able to tell us the nature of the two limbs please?

 

Can you name and shame the financial business?

[limelight]

Limb 1 - wrong price stated on the original credit agreement (it was a mistake and an oversight on my part) FOS agreed with me and the correct price was calculated and I was awarded £450 (essentially a refund of what I'd overpaid) and £50 compensation for the hassle over the last 18 months.

Limb 2 - I have established and have proof via disclosure that a secret commission was paid by the bank to the finance broker (a contentious issue I know but something I want to investigate further to see if a claim has legs but the FOS say this is not something they would get involved in).

 

Can't name and shame unfortunately

 

Limelight.

[Andybars]

I would go back to FOS and advise that the adjudicator is wrong to have closed her file. You accepted the adjudication on the basis that payment would be made and it has not, therefore you wish the case to be escalated to an Ombudsman. If she says she cant do this, ask to speak to a manager and keep escalating until somebody takes it seriously.

 

 

(essentially if the case is re-opened it's one less from her completed cases target and means she has to do some extra work - hence she isn't keen to do it)

[limelight]

Good point - I will give it a go.

[goodatresearch]

Basically they are rejecting the adjudicators decision so you have every right to escalate the matter to an ombudsman. Ask for the contact details of his/her manager and complain, the adjudicator can't refuse this information. The adjudicator is only bothered about her targets and is telling porkies.

[limelight]

Hi All, just a quick update on this.

 

I have managed to get the case reopened and it has now been passed up to an ombudsman for final determination. Hopefully he will come to the same conclusion as the adjudicator and thus the decision becomes enforceable.