shall i ise financial ombudsmen or court action myself??

[willowrose]

please can you help, i was using a company to claim back charges this was

back in Jan but despite them saying the money would be in my account soon

etc etc i have heard nothing, i rang nationwide ( who i am trying to get the

charges back from ) and they say they have had no correspondence from

claim company at all, i have rang the financial ombudsmen and they said

they would deal with it free if i want to do a compalaint through them,

should i do this rather than go through the court process myself to try and

get my charges back from nationwide, do you know if the financial ombudsmen

have much success with these claims

many thanks

[dave]

Personally, I would favour the court route, although there is nothing stopping you using the FSO in the unlikely event that this should fail.

 

Incidentally, you have posted in the wrong forum - I shall move it to the correct place.

[rockinrodders]

Ive heard that some people have been successful in getting their charges back through the FOS. which is good because it is free to the claimant and and the bank has to pay them £400 a case - so an added bonus!

 

They claim that all bank charges cases referred to them have been settled before they have had to intervene and make a decision, so worth it as a back up.

 

The problem with FOS is that you are not allowed to refer the complaint to them until you have had a final decision from the bank (which is after 8 weeks), and then there is a further delay becuase of the amount of cases being put to the FOS. So the timescale is quite lont until you get your mony back.

 

There's always that little spark of excitement taking your bank to court and getting back the money they have ripped off you in the past!

 

In your case, if the claims company you have been using does not appear to have done anything, then it is best to start again from step 1 and send the Prelim letter (download from bank templates folder on these forums) and start the action yourself officially. After 2 weeks send the LBA and after another 2 weeks file with the court or through MCOL.

 

I know this is a bit annoying having to start again, but if you skip straight to the court action and it turns out that the company didn't send the bank anything then the bank may claim that they were not given the opportunity to deal with the claim and this will go in their favour at the court.

[podgydad]

Personally, I would favour the court route, although there is nothing stopping you using the FSO in the unlikely event that this should fail.

 

Incidentally, you have posted in the wrong forum - I shall move it to the correct place.

 

Out of interest, why do you favour the court route? It is more expensive, complicated and is frightening to a lot of people. If the FOS is awarding full charges and 8%, what is the advantage of going to court. As far as I'm aware, you're not allowed to use FOS if you have previously taken the case to court, however you can go to court if you're not happy with the outcome from the FOS. I sincerely believe that if more people were advocating using the FOS, a lot more people would claim.

[nicsussex]

I sincerely believe that if more people were advocating using the FOS, a lot more people would claim.

 

And it might get DJ Cooke off your back as well

[kennythecelt]

Personally, I would favour the court route, although there is nothing stopping you using the FSO in the unlikely event that this should fail.

 

Incidentally, you have posted in the wrong forum - I shall move it to the correct place.

 

Hi, I am relatively new here and don't want to speak out of turn. So apologies if I am.

 

My understanding is also that you cannot go to FOS, not "FSO", after it has been to court. The courts have far higher jurisdiction.

 

As discussed on a post in this thread, the FOS route is gaining momentum. I understand that there is a terrific success rate there and the banks are paying up.

 

In Scotland, it is even more popular given claim limits in the two court options available there or the 3rd if you count MCOL. That however requires an English address.

 

If FOS was unsuccessful- no evidence of that yet, the court process would follow after.

 

Sorry but am I on the wrong track. Important that I know the position so I can give the correct advice.

 

Thanks, Kennythecelt:-)

[podgydad]

And it might get DJ Cooke off your back as well

 

Thank goodness. No prison for me

[tifo]

i took the FOS route and found them brilliant and timely.

 

Cases are allocated in about 2 weeks to an adjudicator and you get an offer a few weeks after that. They get back charges + stat 8% but will look at contractual if you want to start providing more info, as i am at the moment.

 

The bank only pays the £370 fee if there is a formal investigation after they refuse to pay within the 14 days the FOS stipulate. Most do not want this and will pay up.

 

Adjudicators are easy to catch and talk to on the phone and reply to emails within a day.

[podgydad]

i took the FOS route and found them brilliant and timely.

 

Cases are allocated in about 2 weeks to an adjudicator and you get an offer a few weeks after that. They get back charges + stat 8% but will look at contractual if you want to start providing more info, as i am at the moment.

 

The bank only pays the £370 fee if there is a formal investigation after they refuse to pay within the 14 days the FOS stipulate. Most do not want this and will pay up.

 

Adjudicators are easy to catch and talk to on the phone and reply to emails within a day.

 

Seems a no brainer to me. Why are we only finding out about this now?

[tifo]

Seems a no brainer to me. Why are we only finding out about this now?

 

I have no idea why.

 

I only took the FOS route because of the cost of court claims as i did not have the money at that time.

 

I think most people are scared by the fact that the FOS state 6-9 months when you talk to them at first, but that may be if there is an investigation and they go into more detail.

 

They also only work to charges + stat interest normally so people who want contractual will have to give a good argument, just like at court.

 

Some people have good experiences with them and some bad. I think, like anything, it depends on how you come across in your letters, chats and emails.

[rockinrodders]

Thats it I always thought the FOS was slow, but obviously not.

 

Do you have to wait the full 8 weeks before contacting them though?

 

Its good if you can get the stat interest back as well. Shame my case involves a default removal request and I doubt they will get involved with that?

[dave]

Out of interest, why do you favour the court route? It is more expensive, complicated and is frightening to a lot of people. If the FOS is awarding full charges and 8%, what is the advantage of going to court. As far as I'm aware, you're not allowed to use FOS if you have previously taken the case to court, however you can go to court if you're not happy with the outcome from the FOS. I sincerely believe that if more people were advocating using the FOS, a lot more people would claim.

 

The FOS do not get 8% - just the charges - sometimes - most of the time they refuse to get involved in contractural disputes - they only get involved in the ones they think they can get back - hence the *high* success rate.

 

If you have previously taken toe case to court YOU CAN take it to the ombudsman - in the extremely unlikely event that you actually lose.

 

This is a common misconception, and one that the FOS have quoted on record as not being true.

 

If favour the court route simply because YOU are in control of the whole thing - and it clogs up the courts. In my eyes, this is a guerrilla war and you can see the tactics are starting to work.

 

In the beginning the FOS would not get involved AT ALL - the court route HAD to be the way.

 

Now the courts are getting fed up with dealling with very little but bank charge claims that never materialise. It is this action that will result in the judiciary forcing the issue - as can be seen in the papers, pretty much every day.

 

If the FOS had the same volume (and their workload has increased 10 fold in the last year) nothing much would have happened. They would have perhaps employed more people, or you would just have to wait longer for an answer. It would not have bought the subject to a head as it has by forcing the court route.

 

The FOS will only accept claims for the last 6 years - which a judge would have no say on - if the bank believes this issue to be one of the limitations act, it is up to them to prove it.

 

If the court route is pressed, there is the chance that a precident will be set eventually, as a bank will trip up eventually and will trip up on a case with disclosure.

 

The court route is not expensive - you get your money back.

 

It also encourages people to fight back against consumer injustice - it's not just the banks that rip people off.

[tifo]

Thats it I always thought the FOS was slow, but obviously not.

 

Do you have to wait the full 8 weeks before contacting them though?

 

Its good if you can get the stat interest back as well. Shame my case involves a default removal request and I doubt they will get involved with that?

 

they will get involved in any complaint about the bank. You can even put two complaint matters on the same complaint form, but can't mix current accounts and credit cards, even with the same bank.

 

you, and they, have to give the bank 8 weeks to rectify the complaint, from the date of your first letter.

 

so if you contact the FOS after 4 weeks of your first letter, they will give the bank 4 more weeks before threatening them with a formal investigation. If the 8 weeks is over when you contact them, they will send the 'formal investigation' letter straight away, after a few weeks of your complaint when it gets to an adjudicator.

 

I contacted the FOS after 8 weeks with the bank, so maybe thats why its moved fast for me.

 

From other people, even from a prelim approach, the bank will pay before the 8 weeks as they know they will get a 'formal investigation' letter after that. I know people who've just asked the FOS 'i want my money back' and they get an offer.

 

You do not even need to do a schedule of charges, as the FOS will request this from the bank and it needs to detail all charges, otherwise the bank would be misleading the Ombudsman. Then ask them to get the bank to work out stat interest and make an offer.

 

So, if you're at the first stage of your claim, even without contacting the bank you can get charges + stat through the Ombudsman, normally within the 8 weeks.

 

-------------------------------------------------------------

 

All my advice is from personal experience so matters might progress differently for others.

[tifo]

The FOS do not get 8% - just the charges - sometimes.

 

The court route is not expensive - you get your money back.

 

I'm talking from personal experience and what i have been told by the FOS adjudicators. They do ask each others opinions and in my case (actually 4 cases now) they all stated stat is considered 'fair' but anything more as enrichment for me. This is after i refused the banks charges + stat offer as i had asked for contractual from the start.

 

Now a few adjudicators have referred my complaints to another senior adjudicator as the charges issue has been resolved, but 'they will look at what interest rate i can apply'. I have submitted my arguments and cases just like i would do in court. In a way, maybe its good practise for later in court.

 

This is a quote from an adjudicator email i have. He could have stated 'they've offered you charges + stat so go away now, but instead they are prepared to look into the interest rate applicable ...

 

"You have submitted further documentation which I feel merits a detailed reply. Therefore I have passed your file to the relevant team who are dealing with bank charges complaints in which 'other' issues remain outstanding. In your particular complaint these 'other' issues is the dispute about what interest rate should be applied in addition to the refund of the charges."

 

The court route is expensive if you have no money and cannot claim exemption. Imagine paying for multiple cases at the same time?

[podgydad]

The FOS do not get 8% - just the charges - sometimes - most of the time they refuse to get involved in contractural disputes - they only get involved in the ones they think they can get back - hence the *high* success rate.

 

If you have previously taken toe case to court YOU CAN take it to the ombudsman - in the extremely unlikely event that you actually lose.

 

This is a common misconception, and one that the FOS have quoted on record as not being true.

 

 

I've heard from various sources that you do get 8%

 

As for taking a complaint to them after court, their website says "The ombudsman is a less formal alternative to the courts and it is free to consumers to bring a complaint to us. If you decide to go to court instead, you should be aware that if you lose you will not then be able to bring your complaint to us. You will also have to pay a court fee, and you risk having to pay the bank's legal costs if it decides to defend the case."

[alonso]

I'm in the process of trying to getting back my charges from HSBC and sent the LBA letter , I'm assuming I won't get a response. Should I refer the matter to FOS next week or wait the full 8 weeks before logging a complaint

[angry cat]

I do not understand why any of you guy's would want to go through the FOS, to reclaim your charges.

Everything/ALL the information that you need is here on the BAG/CAG.

 

My own personal experiences with The Financial Ombudsman Service (FOS) has been abysmal. They take too long and in my humble opinion, the FOS are biased towards their paymasters, the 'Financial Institutions'.

 

Love AC

[doompixie]

How do you go about the FOS route? It seems worth a try for my next claim as it's relatively small and the interest is next to nothing

[rockinrodders]

doompixie,

 

To claim via the FOS service they first require that you write to the bank and request the refund so follow the normal route (i.e. Prelim then wait 2 weeks then LBA) in the meantime the bank usually sends you either a partial offer or a point blank refusal.

 

If it is a point blank refusal then you can go to the Financial Ombudsman Service website and begin your claim with FOS.

 

If they send you a partial offer, send the rejection offer and if they reply again they will say it is their final decision. At that point you can take it FOS

 

If they dont reply at all you have to wait 8 weeks until you use the FOS

 

 

Once the case is with FOS they usually begin looking at it a few weeks after you send them the complaint. They are very busy and I have been waiting 2 weeks for them to look into my complaint.

[doompixie]

Ah, thanks

 

Good luck with your complaint

[Ginges1973]

I do not understand why any of you guy's would want to go through the FOS, to reclaim your charges.

Everything/ALL the information that you need is here on the BAG/CAG.

 

My own personal experiences with The Financial Ombudsman Service (FOS) has been abysmal. They take too long and in my humble opinion, the FOS are biased towards their paymasters, the 'Financial Institutions'.

 

Love AC

 

I can say today that the FOS are worth approaching as they wrote to me saying that Lloyds TSB have offered me £5145 without a Formal Investigation as they don't want to be caught out on what they are hiding from the customers.

This is £400 short of what I've been claiming for.

However Lloyds TSB won't accept liability or will say that their charges were unjust which I expected.

I am considering whether I should be asking for the 8% sat interest or contractual to be added to what they've already offered.

I first approach the FOS about 4 weeks ago and started my claim on the 2nd March 2007.

So I think the FOS have done what they've promise and also I've spent roughly £15 in total to get this far without court involvement.

So if people are unsure of these guys...give them a chance.....

[frugalpam]

I've used the Court route to reclaim charges from Natwest and Capital One.

Capital One paid up in full - charges, interest and court fee - 21 days after being served with my claim.

Natwest put in a defence, and I've had to deal with their solicitors. I'm still waiting for a court date, and in total its 3.5 months since I first wrote to Natwest to reclaim my charges. Heaven knows how much longer it will drag on for now :-?

I decided to go via the Court route due to amount of charges I'm claiming - I'd like the interest on the money they took frorm my account in charges.

It boils down to whether you personally want the possible long wait for your case to be heard in court, or let someone else like the FO deal with it all for you.

 

Pam

[traceybird]

I'm using the FOS - My story so far....

8 wks up Fri 8th June, rang HSBC fri, mon, tues 4 times, on each occasion was told an offer letter in the post, only to open a Decline letter on thur!! Immediately phoned FO, sent all my info back to them last week.

Asked for £9922, and would have settled for £8k, but know have asked for interest so now totals £12k+!! I'm really hoping for some good news

Just scared the FO will agree with the bank as i, admittedly ran my account very poorly.

Any comments or advise are appreciated

[tifo]

I am considering whether I should be asking for the 8% sat interest or contractual to be added to what they've already offered.

 

They'll get you 8% stat as standard.

 

Originally Posted by angry cat

I do not understand why any of you guy's would want to go through the FOS, to reclaim your charges.

 

Everything/ALL the information that you need is here on the BAG/CAG.

 

My own personal experiences with The Financial Ombudsman Service (FOS) has been abysmal. They take too long and in my humble opinion, the FOS are biased towards their paymasters, the 'Financial Institutions'.

 

As i have stated previously, my experience with them is very good.

 

In answer to your question as to why people would use them, the simple fact is that it is a more easier option at the moment, what with the court lottery at the moment on what your judge might think of these claims. There seems to be a greater risk of losing due to simple things like a terms and conditions sheet missing from your bundle.

 

The court process takes longer. It's OK for you to send LBA after a few weeks etc but then the hearing might be 3 months away when you do claim.

 

You are wrong that all information for court claims is available on this site. This may be true of a few banks, but people have claims with banks on whom very little information may be available. It is a very daunting task trying to make a perfect court bundle in case the judge throws it out cos you missed a full stop!

 

So the FOS gives people a quicker, cheaper (FREE) method of claiming charges + stat interest within a shorter time than court, and you have absolutely no headache. Just wait for them to do everything and the offer to come to you.

[killat]

i used the FOS for a recent claim and it didnt go to well

 

i only used them because i thought i could take it to court afterwards

 

they offered me 70% of the charges and no interest so i turned it down

 

had my case hearing today and the judge said i was not entitled to any interest and as the fos obtained an offer that they advised i should take that.

 

am not a happy bunny, i wish i had gone the court route from the start as the other claim i had against halifax i got contractural interest, now i have not even got all my charges back, it may just be the judge at my court

 

is it possible to appeal against the jusges decision?