Financial Ombudsman decisions are legally binding on the firm. But if it’s been a couple of weeks and you haven’t been paid, you may be feeling worried…
This article gives some information on how you can enforce a decision from the Financial Ombudsman Service (FOS) through the courts. I’m doing this to re-assure you that it can be done, not to encourage you to rush out and do it!
It is incredibly rare that a firm which is still in business will ignore a FOS decision, it is much more likely that they are being either slow or incompetent. So I’ve also given some easier ways of prodding them into action if they still haven’t paid you by the end of the 28 days the FOS says they are allowed.
Make sure you have a FOS Final Decision
The FOS has a two-stage procedure, with complaints first being looked at by an Adjudicator (sometimes called an Investigator) then by an Ombudsman.
Adjudicator decisions aren’t binding. If either you or the firm disagrees you can ask for the case to be sent to an Ombudsman.
The Ombudsman may first issue a Provisional Decision. It isn’t until you have the Final Decision from an Ombudsman that the firm has to comply.
You cannot go to court with an Adjudicator decision, you have to ask for an Ombudsman decision. If the firm has accepted the Adjudicator’s decision but still hasn’t refunded you after 28 days, tell your adjudicator who will try to get the firm to sort this out. If the adjudicator feels this isn’t getting anywhere, then the case will be sent to an Ombudsman for a Final Decision.
You have a FOS Final Decision – what next?
Then you need to wait 28 days. You may be convinced the firm isn’t going to pay you, especially if they have delayed every stage of the complaint so far, but honestly almost all cases are paid within 28 days.
Overview of how to enforce an order
The first step in enforcing a FOS decision is to apply to your local County Court using form N322A, see below for what to put on this form. This asks the court to allow the FOS decision to have the effect of a Court order. There is a £44 fee.
This isn’t “retrying your case”:
- you don’t have to explain your complaint at all
- the firm can’t object
- it is effectively a rubber stamp by the county court.
You will get a judgment order back from the court, headed Order for recovery of award.
Send the firm a copy of it and ask them to pay you the amount it says, which now includes the court fee you have paid. If they don’t do that within 14 days, you can then instruct bailiffs.
Completing the N322A form
If you actually want to do this, I suggest you should go to your local Citizens Advice or Law Centre for advice and help. I am not a lawyer. I know nothing about your case and this general guidance may not be correct for you! Also, I have never had a client who has had to do this, so I haven’t seen it done in practice.
In particular you need to get advice if you think the firm is no longer trading or may not have enough money to pay you.
On the N322A form:
- you are the Applicant and the firm is the Respondent. Make sure you use the exact name for the firm that is used in the FOS decision.
- you are applying to enforce a Decision. Use the date of the FOS decision and the FOS complaint reference number.
- the Tribunal /court that granted your award is the Financial Ombudsman Service.
- in the box asking for the details of legislation allowing enforcement in this way write “Section 228(5) FSMA makes FOS awards final and binding. Schedule 17 para 16 FSMA allows a court to order that a FOS decision may be recovered by execution as if it were Court Order”.
- attach a copy of the Financial Ombudsman decision.
- you need to be claiming a specific amount of money. If the FOS award is in more general terms (for example “refund the interest and fees for the four loans taken out between February and May 2012”) this needs to be converted into a financial amount. I suggest you ask the Ombudsman for help with this rather than just calculate it yourself. If your award is not for a financial amount, for example you want a CIFAS fraud marker removed, you cannot use this form.
Other ways of trying to get paid
If you think the firm is still trading, there are much simpler options than going to court. Try:
- talking to your Adjudicator about the problem.
- phone the firm to make sure they haven’t simply lost / not noticed the FOS decision.
- emailing the CEO (leave a comment below and I can sometimes find the email address for you) and also the person listed as the Contact on the FCA Register. Point out that you could enforce the Financial Ombudsman decision through the courts and bailiffs which will add to their costs and attach a copy of the decision.
- be a nuisance on Twitter and Facebook if the firm has active accounts. For example, you could tweet “hey @firmsname it’s been 29 days since @financialombuds told you to refund me – when are you going to do it?”.
These alternatives are likely to work more quickly than going to court and won’t cost you any money :)
Templates to ask for refunds
Could a Debt Relief order help you?
A Guide to Debt Management (DMPs)
Nigel Hogben says
I had a similar problem with BT PLC. I won a small claims court with two claims myself and my wife for a couple of thousand pounds. BT PLC were represented by a Barrister, I represent both my wife and myself. It took two days a the Judge requested attendance by an employee of BT PLC and an actual recording of conversations and transcripts of all my conversations. The transcript had already been supplied by BT PLC. The actual recordings when compared to transcript should several errors. I won the case and both of us granted compensation and reimbursements.
After 28 days no cheque from BT PLC so I rang them and they stated terms of payment were 90 days from invoice. After passing through several off shore telesales persons I got to UK call centre who informed me of their 90 day payment. I replied I would forward to the Court for action. Hour later a phone call stating that there was a mistake by BT PLC and payment would be in 30 days. I declined the offer and phoned the court who had given the judgement and within another hour BT PLC phoned to say cheque was on its way!
Next morning (Saturday) a motor cyclist courier arrived with two Barlclaycard cheques for full amounts.
I suggest that readers contact the relevant court as in my case they were extremely helpful.
Tina Portillo says
I’m in the exact position you describe above regarding my pension. I have the FOS decision dated 22/02/17 with the decision to pay immediately – the firm initially responded (indirectly) by liquidating. The accountants then informed us that this was no longer the case as one of the two directors rescinded the liquidation. The other director resigned that week, leaving, as far as I know, one person running the show. The company has been exposed on the BBC with others like myself providing evidence of investments, amongst others, into a Ukrainian hotel that looks as though it will not open for many years, without the permission, knowledge or advised investment of its clients’ money.
I must assume at this stage that the company is not in a position to pay, the accountants confirmed that the company was insolvent, and yet, from the time my investment was wrongfully invested to today, I have not had a word’s personal correspondence from them.
I would take them to court if I thought there was a hope of the company actually being able to pay me, but it seems that liquidation will be the ultimate end. However, this seems to be dragging on and on without any response from the company. I’ve tried emailing the only address the FOS provided me with, but this relates to the director who resigned, and he won’t come to the phone or respond either.
I have had a house vendor hold the sale for me for over a year and a half whilst I try to get this resolved, and I still see no light.
Craig says
Anyone enforced a direction by the Ombudsman?
My final decision tells the lender to remove all information from credit reports but they refuse to do so as there is an outstanding balance. The FOS wont help they just sent me a fact-sheet on enforcing a decision.
Sara (Debt Camel) says
What did the FOS decision say about the outstanding balance?
Craig says
That I have to pay it back.
They decided that interest and charges should be refunded which they were, and all information is removed from credit reports.
This decision was 2015. The lender continued reporting an active account since then and reported a default in late 2017. I’ve made no payments since the decision, I’ve been asking them to remove info from my credit reports to comply with the decision before I pay it back.
I’ve been too stubborn probably and I should have paid it back first but it’s too late now, it has been damaging my credit report for over 3 years which probably has a greater cost to me than the outstanding balance. IDK maybe they were correct to continue reporting but that’s not what the final decision said.
Sara (Debt Camel) says
Well that is frankly silly. Pay it off and then ask for them to delete the negative information. Put yourself in the right and then argue about what they have done wrong.
Paul creasey says
Hi
I have two motor ombudsman decisions against VW to reject a new vehicle sold to myself as not fit for point of sale under the consumer sales act 2015.
One of these decisions is the final decision upheld in my favour given on March 1st 2019, yet I am still awaiting action from VW who refuse saying a motor ombudsman decision is not legal and therefore they do not have to obey.
Can I use a form N322A to apply to a county court to enforce action to resolve this issue.
Thank you Paul
Sara (Debt Camel) says
No, that doesn’t apply to the Motor Ombudsman.
I suggest you post on Legal Beagles https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim/bringing-a-court-claim about starting a court Claim against VW and whether the Motor Ombudsman decision will be useful evidence for a case – I would hope so but it’s not something I am familiar with.
Neil says
Hi Sara,
An ombudsman decision is legally binding. If a lender and a borrower agree at adjudicator level is this then legally binding?
I vaguely remember the concept of offer and acceptance
Sorry if I come across a bit thick!
Thanks
Sara (Debt Camel) says
I guess you are thinking that a legal contract requires offer, acceptance and consideration.
But there is no need to view this as being a new contract you have to try to enforce. If a lender doesn’t do what they agreed, tell the adjudicator and it can then go to a final Ombudsman decision which is legally binding.
Ian says
Hi, Argos (home retail group card services) have been reporting me as 6 months in arrears for the last 6+ months, I complained to the FOS and had a final decision in my favour at the beginning of May 2019 that a backdated default should be added in December 2013.
I phoned Argos once I got the letter from the FOS and was told I would be sent a default notice, I was told to ignore this as it is part of their internal process, the lady at Argos told me that once the 14 days had expired from receiving the default notice then it would be registered on my credit file, she then said it would take 24 hours to backdate it.
But now Argos have just done the monthly update at Experian, still reporting it as 6 months in arrears, I raised a query with Experian and Argos replied by saying that they are reporting correctly, but this is clearly not the case.
I Also contacted the adjudicator at the FOS who said he will contact Argos to remind them that their decision is legally binding.
Could you possibly suggest any way of hurrying them along or the CEO’s email address as you suggest in your article so that I can email them!
Many thanks for any help!
Sara (Debt Camel) says
Argos CEO is John Rogers: john.rogers@sainsburys.co.uk
Ian says
I emailed the CEO and I received an email back the same day, problem resolved within 3 days, thanks for your advice.
Sara (Debt Camel) says
Glad it worked!
Tara says
Hi,
I have recently had a case upheld by an adjudicator and both I and the business agreed with their decision. I was told I would receive a refund within 4 weeks, which was not forthcoming. Last week the adjudicator chased the business who apologised, cited an admin error and that a CHAPS payment would be raised the following morning. The adjudicator advised me to get back in touch middle of this week if I hadn’t received it, which I haven’t. The adjudicator has contacted the business again, who are giving same excuse as last time, no mention of why CHAPs payment wasn’t raised and are now saying I will receive in 7 working days. I’ve asked adjudicator twice now what happens if the business doesn’t comply, but they have just said they are surprised business hasn’t complied as they want to get it resolved ASAP. I can’t seem to find any information anywhere about what happens if the business don’t comply with the adjudicators decision and what my rights are?
Sara (Debt Camel) says
who is the firm?
My guess is that if the business doesn’t comply soon, your decision will be fast-tracked through to be an Ombudsman decision, at which point it is legally binding. But I haven’t seen a case where this has to happen.
James says
Hi,
I have a similar case to the above with 247Moneybox. They agreed with the adjudicators decision and they were informed by the adjudicator they had 4 weeks to pay me the balance.
It is now 4 weeks, and I have tried communicating with them to arrange payment and ensure they have the correct banking details. I have called 10 times (for which they have hung up on 8 of the occasions when I mention the word redress). On the 2 occasions they haven’t hung up they have said they will look to fast track it, but still I’ve had no communication from them. I have also emailed 5 times with no response.
I’m concerned that with a lot of these companies going bust that they are refusing to pay out, or no longer wish to do so.
What can I do to ensure they pay me back, if I do call the adjudicator back what happens? If it gets fast tracked what is a fast tracked eta? Wat happens if they still refuse to pay out?
Any help would be great.
Sara (Debt Camel) says
Call your adjudicator! It is much easier for a firm to ignore contacts from you then from FOS.
Yvo says
Dear Sarah,
I have had a ruling against Quick quid trading under CashEuroNet in my favour more then 2 months ago. Within a day they asked for our bank details, but we haven’t received any payment. The excuse they are using is that they are awaiting a confirmation from a 3rd party to calculate the amount (the initial debt was sold off first and we had been paying it off) but I find it hard to believe that it would take this long. I believe they are stalling on purpose. I asked the ombudsman for help but they told them the same story. I’m now considering enforcing the debt but would like to try the CEO first. Do you have his or her email for me?
Sara (Debt Camel) says
Was your FOS decision from an adjudicator or an Ombudsman?
CEO try ndrew@enova.com from the FCA register.
Yvo says
Hi Sarah, thank you for getting back to me so quickly and all the great work you do on this website! It was a final ruling from the actual ombudsman on the 31st of May. I just send them another strongly worded email and will try the CEO mid week.
Sara (Debt Camel) says
Have you done the calculation yourself and shown them evidence of what you paid the debt collector?
Yvo says
Hi Sarah,
I do have a final statement from the outstanding debt what we have been paying off which they should have as well. But to make it more complex, the 3rd party had instructed a 4th party to collect the debt. So we had paid the 4th party. After the ruling we told the 4th party of the outcome and they have returned the outstanding to the 3rd party. I have a statement from the 4th party. Around 20 percent of that original debt is still outstanding which should be deducted from the final payment to us.
I have done my own calculations but haven’t shared it with them, because I am not 100% sure of the exact amount. Reason being is that I don’t know if the 8 percent interest is calculated yearly or is calculated to the day it’s paid out. I also don’t know the tax tules on that 8 percent interest (apparently tax has to be paid on the interest).
Sara (Debt Camel) says
You need to send the list of all the payments you have made to the 3rd party and the 4th party and the statement from the 4th party to QQ and also attach them to the email to Nick Drew.
If you go to court – which I am not recommending! – you have to work out an exact amount of money. The 8% should be calculated daily. You don’t have to work out the tax deducted.
Charlie Smith says
How long does it usually take to get to the ombudsman I have an ongoing complaint with ML they disagreed with the adjudicators decision so now waiting on ombudsman to make a final decision.. any idea how long this process takes
Sara (Debt Camel) says
it’s hard to say. it was running at an average of 3-6 months (some less some more) a while ago. But now FOS isn’t dealing with any Money Shop, Payday UK or Payday Express complaints, and now several thousand QuickQuid complaints that were in the queue for an ombudsman have been taken out as QQ is settling them, I hope this is going to speed up!
Have you left Mr Lender a bad review on Trust Pilot saying they are dragging out the complaints process by not accepting the adjudicator decision? https://uk.trustpilot.com/review/mrlender.com
Mr Lender will sometimes increase an offer while it is waiting for an Ombudsman, see this comment left a couple of days ago. https://debtcamel.co.uk/payday-loan-refunds/comment-page-152/#comment-312493
Simon Gutteridge says
Any idea who the CEO contact is for quickquid?
Has been 12 weeks since the financial ombudsman final decision and they haven’t contacted me at all. They have also ignored all contact from myself and the ombudsman who have tried several times
Sara (Debt Camel) says
ndrew@enova.com
Yvo says
Hi Simon, we had a similar problem with them. Quickquid stopped responding to all of our correspondence and from the ombudsman. We also emailed the CEO which didn’t work. I emailed them to say I was going to court to enforce the debt, but even to that I had no response. I think they are doing it on purpose. Since I didn’t know how the court works, I asked the ombudsman for help after which I learned they have their own enforcement department. I asked if this could be started after which the ombudsman would try one more time with threatening from their senior workers. This worked and I was paid within a week after this.
I suggest you save all your emails you sent them and send this to the ombudsman explaining the situation and that you want it enforced. This should help.
Simon Gutteridge says
Thanks I will do that. The problem I have is I dont even know how much I am owed. I still had an outstanding balance which the ombudsman said to offset against my settlement but quickquid deleted all the info from my account before I could work out the interest etc. Maybe the ombudsman can help with that though. Thank you
Serin Price says
Hello,
Do you have a contact for Alphera Financial Services? I complained a year ago as they had sold me a faulty car, the Ombudsman ruled in my favour on 04.07.2019 but I am hearing nothing. When I email, I never hear anything back and when I call up they lie to me and say the decision isn’t legally binding. I have gone back to my adjudicator and she has confirmed that it is legally binding and has sent them correspondence confirming this. They need to collect the car and they also owe me money in compensation, I just want this to be over and done with.
Really appreciate the information on this site! Many thanks in advance.
Sara (Debt Camel) says
Alphera Financial Services is a brand name of BMW Financial Services(GB) Limited.
I suggest you email bryan.garwood@bmwfin.com and cc the email to graeme.grieve@bmw.co.uk and consumer.queries@fca.org.uk.
Email Subject: Why is BMW Finance (trading as Alphera, FCA 312578) ignoring legally binding FOS decision in July?
In the email you don’t need to say anything about the case except your FOS number, your name & address, the date of the FOS Final Decision and what the decision was. Attach a copy of the decision (that can be a photgraph or a scan of the FOS letter.)
Serin Price says
That’s amazing! Thank you so much, I really appreciate it. Hopefully this will speed things up a bit :)
Simon Gutteridge says
Hi, just an update.
I have finally recieved my refund from quickquid!
After quickquid ignoring the ombudsman deadline, ignoring all contact from myself and the ombudsman I finally took matters into my own hands last week.
I got the ceo email from this page (ndrew@enova.com) and contacted them demanding answers, as expected I was ignored. I then emailed again and copied in quickquid support and various people at enova and stated that I would be sending them 50 emails every day until I received some answers. This I did for 2 days then on the 3rd day I received an email saying my funds would be in my account within the hour. It went in 15 minutes later. It was also a lot more than I expected!
Sara (Debt Camel) says
brilliant news for you
Kelly says
What is the email for the ceo of sunny loans (elevate credit) they disagreed with the adjudicator and it went to ombudsman who agreed with the adjudicator and told sunny to contact me with settlement this was 10 weeks ago, 2 further emails sent no reply so fos now sent to their operational team to have up
Ayyesha says
Kelly do you have any update as i am in the same position. Sunny have refused the adjudicators decision but how long does it take for an ombudsman to make a decision?
Sara (Debt Camel) says
your question will be seen by more people with sunny complaints on the main payday loan refund page: https://debtcamel.co.uk/payday-loan-refunds/
Ayyesha says
Hi thankyou,i will go look on that link
Kelly hickson says
It was only a couple of weeks for the ombudsman to look at it and agree, I finally received my payout after messaging the ceo and him pushing it forward so was 12 week after decision from ombudsman final decision
Ayyesha says
Thankyou for replying. I am hopeful then.
gloria richards says
hi
i sent to my complaint about Oakam early June adjudicator contacted July 2019 he agreed with most of my claim and sent his decision to Oakam with a deadline two week after deadline i place a review on Trustpilot. the next morning on trustpilot Oakam said they could not contact me because they didn’t know who I was, so i put ombudsman reference and the reference on Trustpilot I received a phone call the next morning saying the haven’t answered adjudicator yet because they have not finish their evidence and they would be sending asap. Two days later received email from adjudicator saying the had now replied and have sent a lot of paper work. The adjudicator then contacted I thing two weeks later saying he had look at the paper work but still upheld my claim, this was done over a month ago. no reply from Oakam to me or ombudsman. t
The adjudicator is now pass it to ombudsman for final decision. i first complaint to Oakam in March 2019 when the refused sent to Ombudsman and i am still waiting for the end i bet myself that it would take a year to get a conclusion but i think I am going to loss it going to take long
Holboothe says
Hi.
I sent a case to the FOS, who contacted the business.
The business agreed to uphold my complaint and pay standard ppi redress, without the need for FOS adjudication.
A few weeks later, the business contacted the FOS to say they don’t have enough information to make a redress calculation. I have no further paperwork.
What happens now ? Can the business rescind their decision to pay compensation or will they need to make an estimation of the payment due
Thanks
Charlie says
Does anyone have an idea how fast mr lender usually pay out after accepting the ombudsman decision? Accepted last week and confirmed bank details with ML I know they have 28 days but are they usually quicker or do they wait it out?
Sara (Debt Camel) says
probably best asked on https://debtcamel.co.uk/payday-loan-refunds/ as that is read a lot more.
Nicole monk says
Hi
How long does it take for the ombudsman to make a decision? My complaint is with provident… the adjudicator was my in my favour… they had until the 19th March but no reply now gone to the ombudsman
Thank you
Nicole
Sara (Debt Camel) says
best place to ask about provident is this page: https://debtcamel.co.uk/refund-doorstep-loans/
Bob says
Hi Sara, do you have email for CEO at AvantCredit?
Sara (Debt Camel) says
do you now have a FOS decision in your favour?
Bob says
Yes, it got to ombudsman level. He gave them 4 weeks to get in touch. I’ve heard nothing apart from same generic email saying they’re still working out the redress. It’s been 5 weeks now. Ombudsman have sent another email saying to basically speed things up. Surly it doesn’t take this long. The account was frozen and is still with AvantCredit.
Sara (Debt Camel) says
Try compliance@pollencap.com.
Adam says
Hello,
This is a great website, just thought I’d let you know. I’m currently going through a process at the moment with Gain Credit (Lending Stream), the adjudicator ruled in my favour and the company failed to respond, he’s now sending to an Ombudsman for a decision.
Just wondering (if and when i need it) if you have the CEO contact details for Gain Credit so I’m ready to use, they haven’t been forthcoming during this process which has taken around 6 months already so I’m just being as proactive as possible.
Keep up the good work debt camel!
Sara (Debt Camel) says
best ask this question on the main payday loan page: https://debtcamel.co.uk/payday-loan-refunds/
dan says
Hi I have problem with Mercedes they sold me a car which not fit for purpose and I complian with FOS
There is 2 fifteenth Adjudicator made a decision in my favour but Mercedes not accept it so now my case gone for final ombudsman my question is the Adjudicator previous decision will taken to account
Many thanks 😊
Sara (Debt Camel) says
The Ombudsman looks at the case from scratch, it isn’t just a quick review of the adjudicator decision. 90% of the time the adjudicator decision is upheld because normally the adjudicator made a fair decision the facts of the case.
Andrew says
Hi
Had problems with Halifax bank with payments not clearing for a substantial amount of money. Went to the ombudsman who after 14 months have gave a final decision in my favour. The deadline is passed but still money has not cleared( been the same for 17 months). Phones Halifax bank to be told head office is sorting this, do you have ceo email please as we are supposed to be purchasing a house with this money.
Thanks
Mark Deamer says
Good Afternoon,
Does anyone have Lending Stream’s CEO’s email address? I’ve just started the Small claims court process on an unpaid FOC Ruling and they are using the Covid 19 outbreak to ignore all forms of communications. The 28 days they are allowed to pay has come and gone by two weeks.
Thank you in advance.
Sara (Debt Camel) says
Is this an adjudicator decision or an Ombudsman decision?
Adam says
Mark,
In a relatively similar position to yourself through Lending Stream (Gain Credit)
Just awaiting the Ombudsmans decision now after approval by the adjudicator who advised Lending Stream are around 8 weeks behind at the moment on things due to COVID-19. They haven’t responded to any emails from March to myself – they initially had a deadline of 9th April to respond to the adjudicators proposal which they havent responded to either.
Would be good to hear how your case progresses if you wouldn’t mind sharing.
Thanks
Adam
Mark Deamer says
Hi Sara,
it is a Final Decision from an Ombudsman, I’m just going on advice I found on this site about none payment, it’s two weeks past the agreed 28 days for my refund and they haven’t responded to emails from me or the ombudsman, so I’ve applied for a court order, I submitted the paper work on Monday.
Hi Adam, I will of course let you know how it goes, I’ve been trying their live chat regularly but just get the automated responses.
M.
Sara (Debt Camel) says
ok so you are going through the process described on this page? This is NOT a small claim.
Mark Deamer says
That’s the one, excuse the wrong terminology.
Sara (Debt Camel) says
phew! I was hoping you hadn’t wasted the money on a small claim.
the CEO is Chris deBoer, email chris.deboer@global-analytics.com
Mark Deamer says
Just the £44 court fee, thank you for the information. I will update you on my progress. Regards Mark.
Mark Deamer says
Update.
I managed to finally talk to someone on live chat this morning and I’ve been promised a transfer by the end of the working day.
I have my letter drafted to the CEO ready for when it doesn’t arrive.
Adam says
Thats great news, shows that it possible they will pay you, however clearly the ball is in your court when it comes to chasing them up! Hope you get your well earned money by the end of the day!
Adam
Mark Deamer says
Morning,
As expected, no transfer, Email with Court details sent to the CEO, I’ll try live chat again later and post the results.
Adam says
Thats a shame, but not unexpected. I’d be naming and shaming on social media also.
Hope you get sorted soon.
Adam
Adam says
Hi Mark
Have you had any joy as yet?
Thanks
Adam
Sam says
Hi
I recieved a final decision on a complaint from the FOS – the decision was by an ombudsman, so should be legally binding on the business.
However i recieved an email from the business today saying they had gone back to the ombudsman to ask them to consider a few important points. I am really confused by the process now – are the business able to appeal an ombudsmans decision?
Any help would be appreciated :) i am really confused by what will happen now.
Sam
Sara (Debt Camel) says
To be totally clear, the decision your received said Final Decision? It is possible to get a provisional decision from an ombudsman.
Sam says
Hi Sara,
Any advice you could give would be great :) but i do expect i may just have to wait:
After receiving a final decision from an ombudsman, i accepted and it was communicated to myself and the business that the decision was now binding and my complaint was upheld and must be resolved by the business within the 28 day period.
This was now 42 days ago.
The business have told me they will not resolve my complaint at this stage as they want the FOS to clarify a few points before they are in a position to do so. I have asked the FOS for confirmation of what is going on (following the 28 day period) but they have not contacted me to explain anything, or advise me on what the next steps are. I have tried contacting (by both e-mail and telephone) the ombudsman who made the decision and the original adjudicator who looked at my case.
Should i continue to wait, or is it possible to press the business to resolve the complaint now? I am really unsure as to what to do here.
Thanks, Sam :)
Sara (Debt Camel) says
who is the lender? any idea what the points are?
Sam says
The lender is TFS loans.
They have asked for further information from the FOS on how the ombudsman arrived at their decision, as they still do not agree with the final decision.
I believe their options are to settle as the decision is binding, or for the FOS to look to enforce it through the FCA if they refuse to? I’m not too sure. I believe my adjudicator is now on leave for a couple of weeks, that is why i am yet to receive any kind of response from the FOS, so i wondered if there is anything i can do in the meantime, or if i should just wait for the FOS to continue pushing them.
Thanks,
Sam
Rita Johnson says
Hi – I received a Final Decision from the FOS on 4 July 2019. I still haven’t been paid from the company regarding a Pension Investment. My case has now been forwarded to the Ombudsman Enforcement Team. Does anyone know how the Enforcement team works and their powers?
The real problem with my case is how much the company the owe me, the Ombudsman has had endless letters to and from the company with the offers ranging in 10s of thousands of pounds. The Ombudsman seem unable to work out an exact figure as all kinds of calculations and tax implications are being used. Are the Ombudsman not allowed to say you owe £X – if I’d have taken the company’s first offer I would have lost over £20k.
Sara (Debt Camel) says
I’m sorry, I don’t know. However complex the calculation I would have expected it to have been sorted out ages ago.
SImon Chapman says
Hi Sara,
We have a final decision in our favour from the FOS in regard to a car we bought via a company called Specialist Motor Finance. The ruling was that it wasn’t fit for sale and SMF are required to make good.
SMF have until next Wednesday to act. However, assuming they don’t pay up by then, do you have contact details for their CEO? I’d like to be prepared!
Many thanks!
Simon
Sara (Debt Camel) says
come back if they don’t pay up. Almost everyone does!
Simon Chapman says
Thank you Sara.
Simon Chapman says
Hi Sara,
Well today was the last day for Specialist Motor Finance to respond to the FInancial Ombudsman’s final decision. Guess what, *silence*.
We’d like to go straight in to the CEO, perhaps passing them a copy of the final decision. What do you think? It’s already taken 18 months to get this far :(
Thanks,
Simon
Sara (Debt Camel) says
Have you got in touch with them and given them your bank details?
Simon Chapman says
Actually no! I was assuming they would write first. But that’s a good idea. Will do that – if I can find a ‘human’ email address.
Mike says
Did you sort this with them? They are currently ignoring my Adjudicators decision. So will probably go to the ombusdman for a final decision. Did it take long between adjudicator to Ombudsman?
Ajay Saluja says
Hi Sara I have a final decision from the FOS re my insurance claim with AXA, the decision was that AXA have to settle the claim
Their 28 days is now up with no response
What would your advice be?
what is the correct form for claims above £30,000? Don’t want to use an incorrect form!
Thank you
Ajay
Sara (Debt Camel) says
have you been in touch with them?
Ajay Saluja says
Yes I have Sara and they have just admitted liability and will settle my claim
They have now instructed Loss Adjusters who I am sure will cooperate with my Loss Assessor….
Many thanks
Ajay
Danny says
Hiya Sara,
I’ve recently got the final decision in my favor from the FOS, it was regarding a car I bought and financed from Mr. Lender and wasn’t fit for purpose having an ongoing problem. They’ve given the 28 days wait time which is fine, however when asking for the next steps taken from the adjudicator, they told me they have to wait for Mr. Lender to accept it also. I’m confused as I was under the impression that the final decision from an ombudsman was legally binding on both parties if I accepted and Mr. Lender is obligated to comply? That’s what I’m reading from here AND from their website. I don’t want to get into an argumentative state with the FOS as they’ve been great but I feel like I’m getting misinformed. Have you heard of any cases this has happened where both parties have to accept a final decision?
Sara (Debt Camel) says
Mr Lender? Is this the payday loan company? I didn’t think they did car finance?
If the Ombudsman decision differed in any way at all from the adjudicator, even something that looks very minor, then both sides are again given time to respond about it.
Danny says
My apologies I was just hiding the companies real name :L It hasn’t been long since I had this decision so I’m just covering my back with the luck I’ve had.
The only difference in the final decision was that they applied 8% interest to my compensation rather than 5%. I never asked for this but have noticed since reading your comment. Do you believe this will have a detrimental effect on the companies decision to decline? I’ve never even heard of this before and not sure why this would make a significant difference.
Sara (Debt Camel) says
Any change from the adjudicator decision means the Ombudsman will again ask both parties to comment.
8% is normal. I have no idea why your adjudicator used 5%,
Danny says
My neither. So hypothetically, if there were NO changes in the final decision from the adjudicator, the business would be obligated to comply after only I accept the final decision from the ombudsman (being in my favour)?
Sara (Debt Camel) says
All I can say is that if there are no changes it normally goes straight to a Final Decision.
But there isn’t much point in worrying about this, it should all be sorted pretty soon.
Sam says
Hi Sara,
Just an update, i didn’t recieve any help/communication from the FOS in relation to this, however TFS decided to settle as set out by the ombudsman.
However, their proposed settlement is a little complex and i am wondering if you have any advice on whether i should or need to accept this and what is good industry practice.
I had 2 loans with TFS and my complaint was just against Loan 2. However, Loan 2 was used as a top up loan to settle Loan 1 (with a little extra). TFS have said that to “put me back in the same position” as if i had not been granted Loan 2, they need to conclude that i wouldn’t have settled Loan 1 and i would still be making interest payments on that initial loan. Therefore the interest and charges that i expected were to be refunded to me from Loan 2 are now being applied as if Loan 1 was still running and will be used to pay off that loan.
I am unsure if this should be the way they are looking at things, but to me this seems like a tactic used to ensure they aren’t having to refund my interest and charges from Loan 2.
Is this standard industry practice? If so, i guess i just have to accept it, but it seems a little sneaky to me.
(I’m unsure if there is a more appropriate thread to ask this in)
Thanks,
Sam
Sara (Debt Camel) says
it sounds wrong but can you give the figures?
loan 1, borrowed X,
loan 2, borrowed X, received X in cash from this, made X in monthly payments (eg 18 lots of £169), any settlement amount.
And how have TFS worked out the numbers?
Sam says
Loan 1 was for £3,500.
Loan 2 was for £6,500.
£3,436.26 was used from Loan 2 to settle Loan 1 early as it was a top up loan. I complained against Loan 2 and the ombudsman decided it was irresponsible lending and asked TFS to:
Remove all interest and charges from Loan 2 and not pay any more than the initial £6,500 lent. Any overpayments should be refunded.
Add interest at 8% on any overpayments made.
Remove any adverse information from my credit file.
TFS responded by saying:
Please note, as the first loan you took with TFS was repaid early in order to give you the top up loan, we have to consider the total amount that has been transferred to you, being Loan 1 for £3,500 and Loan 2 for £3,063.74, a total of £6,563.74. Obviously we need to “put you back in the same position”, working on the scenario that Loan 2 should not have been approved and therefore no interest is due on this loan, so you will only need to repay the capital for Loan 2 of £3,063.74 that was sent to you on the 9th January 2017. In this scenario, where Loan 2 was not approved, your first Loan from the 22nd April 2016 would still be “active”, which was a loan of £3,500 over 48 months with payments of £148.28 per month.
On Loan 2, i have paid £8,740.
Sam says
So i expected that they would owe me £2,240 in interest and charges from Loan 2, but actually TFS are saying that if they hadn’t of granted the Loan, Loan 1 would still be active and they must offset any payments on Loan 2 against that loan.
Therefore to settle, i need to pay them £112.
Sara (Debt Camel) says
“So i expected that they would owe me £2,240 in interest and charges from Loan 2”
yes, that is what I think should happen.
“if they hadn’t of granted the Loan, Loan 1 would still be active and they must offset any payments on Loan 2 against that loan.”
this is nonsense.
FOS has told them to refund you the interest you paid on the £6000 second loan. Which was £2240.
FOS has not said to unpick loan 1. You chose to use £2937 of this second loan to pay off the first loan. Nothing wrong with doing that, there is not reason to say you couldn’t do that and it is in your interest that you should settle the first loan and stop interest being charged.T TFS have no right to say you could not settle the first loan and choose to hit you with a pile of extra interest.
I suggest you go back to TFS and say this and also go back to your adjudicator and say how wrong TFS are getting the calculation.
Sam says
Hi Sara,
The FOS agreed with me and have asked TFS to settle in the way set out above.
By any chance do you have a contact for their CEO – I have looked online, but can’t get a definitive answer. I thought it may be Bob Smoker, but it looks like he may have left in 2018…
Thanks :) Sam.
Kerry says
Hello Sara
I’ve been encouraged by the different comments I’ve read and wondered whether you could possibly advise. I won compensation through the Financial Ombudsman against Virgin Media Finance in March and then we all went into lockdown. Virgin have advised the Ombudsman that their legal offices that deal with payments are based abroad and are all closed. There has been no indication of when I will be paid and I have no confidence whatsoever that I will in fact receive my compensation.!! The FOS have said that they are unable to chase any further or enforce the payment of the compensation (just under £900). How do you recommend I proceed?
Sara (Debt Camel) says
It’s matter of being a pest and hoping something will work…
If you are on twitter, keep nagging them here https://twitter.com/virginmedia. On Facebook try here https://www.facebook.com/virginmedia/.
Email them at executiveteam@virginmedia.co.uk and email the CEO at lutz.schueler@virginmedia.co.uk. you could say you will be reporting them to the FCA and contacting newspapers if the money is not paid within 2 weeks.
Kerry says
Brilliant. Thank you so much for that. I’ll let you know how I get on.
Mariah says
Hi Sara could please have the CEO email for Harvey & Thompson,,, have received final decision form Ombudsman and they have upheld my compliant but still have yet to receive refund from H&T
Sara (Debt Camel) says
how long ago was the Final Decision?
Mariah says
6 weeks ago
Sara (Debt Camel) says
John Nichols, CEO
jgn@harveythompson.co.uk
Mariah says
thank you Sara…will keep you posted with regards to my refund!!
Mo says
Hi Sara, I have a fos case that has been going on since January last year. Its a landlords policy and the insurance claim that was rejected was in relation to malicious damage. The adjudicator has decided in my favour march this year and gave the business Direct line 7 or 14 days to accept or reject. The adjudicator has told me that direct line have not responded to his chasers or telephone attempts. I spoke to the adjudicator again last week and he told me he carry on chasing them. Is this normal for the business not to reply. And is this normal for FOS just to sit and wait?
The lady dealing with the query from FOS the adjudicator is really nice, I don’t want to fall out with her, but it looks as though everyone I call she just says don’t worry I’ll chase them and nothing happens and when I chase it up again she says the same thing.
Do you have any advice?
Sara (Debt Camel) says
That is a long time. You could say to your adjudicator that if it isnt sorted in the next two weeks you want your case to go into a queue for an Ombudsman decision. The danger is that would take longer than waiting for DL to reply.
Chris says
Hi! I received a final decision (pay day loans from LS) from the actual ombudsman 4 weeks ago today, and the ombudsman told me to get in touch if I’d heard nothing from them in 4 weeks.
I sent a reply today saying that I’m worried because I’ve heard nothing, and the reply I got was that the business has 8 weeks to respond and this may take longer due to COVID-19.
I’m confused as, as far as I was concerned it was 4 weeks. Does that mean that I can’t enforce the order even if I wanted to try until 8 weeks have passed?
I was hoping this whole thing would be resolved by now :(
Simon says
Our complaint against Specialist Motor Finance (SMF) was upheld by an extensive judgement from the FOS. After much badgering, SMF then repaid us all our finance payments since the car has been off the road. However, they are now balking at the second part of the judgement – the repair costs – despite the judgement being clear that the car should be made roadworthy by them. We’re tempted to threaten to have the FOS final decision enforced with a court order. SMF’s ‘Customer Care’ team appear to be incompetent, rather than malicious, but something has to slap them into action.
Sara (Debt Camel) says
when was the FOS decision?
Simon says
It was in early May, so around 8 weeks ago now.
Eric says
Hi…Could you give me an E Mail address for the CEO…of PROVIDENT PERSONAL CREDIT..
I had a decision from the Financial Ombudsman in my favour,…upholding my claim..and after 8 weeks haven’t even been contacted..now after numerous phone calls, they have suggested I take my case to the Financial Ombudsman.. So frustrating because that’s all been done…
They say they have no knowledge of the Ombudsmans decision. .but when I spoke to the Ombudsman he said all the information was sent 8 weeks ago..
Can you please help.
Regards Eric
Sara (Debt Camel) says
is this a Final Decision from an Ombudsman? or from an adjudicator?
Eric says
It’s a final decision from the FCO..
Sara (Debt Camel) says
I suggest you email Joe.Sweeney@provident.co.uk and Neil.Iveson@provident.co.uk and attach a copy of the Final Decision. Title “MY FOS FINAL DECISION STILL NOT PAID AFTER 8 WEEKS”
Also go back to your adjudicator and say it has not been paid and Provi are denying they have received it.
PS I hope the decision was a good one!
Sue says
Hi, can you please provide me with the email address of Frederic Nze, CEO of Oakam loans? I had a final decision from the Ombudsman on 21 May 2020. I was told to contact FOS if I hadn’t received payment after 8 weeks which was 16 July 2020. Every step of the way Oakam have stalled or delayed.
I don’t feel confident that this will be resolved anytime soon.
Sara (Debt Camel) says
Try george.psonis@oakam.com
Have you told FOS?
Sue says
Yes I have and they are also working on it. Thank you for the address
Sue says
Update: I contacted the COO and got a reply and partial refund. I was not refunded any interest (which dates back to 10 Seo 2010) nor did I receive a breakdown of the refunded amount. The FOS have contacted Oakam requesting the breakdown but over 2 weeks later have still not received it. Is there anything more that could be done before I have to think of enforcing the decision of the FOS through the courts?
Sara (Debt Camel) says
I suggest you send an email to the FCA at consumer.queries@fca.org.uk and to george.psonis@oakam.com
Use “OAKAM (678734) won’t pay out on my FOS complaint” as the title of the email.
I have drafted something here but you need to make sure it is absolutely right for you, so change and add bits so it is accurate.
———————————————————————
On 21 May 2020 I received a Final decision from an Ombudsman at FOS that some of my Oakam laons were unaffordable. I attach a copy of this.
They ignored it completely until the end of July, when they sent my a partial refund. They are now ignoring my and FOS’s request for breakdown of how they have calculated this. And they have not added 8% statutory interest on.
This has been nearly 3 months. They are impossible to deal with and just ignore any communications. I know that you will not investigate this situation but I thought at Oakam’s regulator I thought you should be aware of the contempt they are showing for their customers and for FOS.
Sue says
Thank you so much. I will try this and update
Kirsty says
I’ve had massive problems with VERY.co.uk also known as SHOP DIRECT FINANCE.
In 2017 there was a problem with a refund on a broken baby monitor, to cut a long 18month story short, last January 2019 The Ombudsman found in my favour and Very were told to refund me, clear my account to zero and most importantly make sure it didn’t affect my credit file. Now i find out this month that i cant change my mortgage to a new fixed deal because of black marks on my credit file. Oddly a simple Experian report shows i have a perfect score but Equifax shows black marks from Very when I was advised by VERY on the phone to not pay and wait for the Ombudsman to sort which they did. I even received the goodwill money through last January.
Numerous calls in these last two weeks – VERY appear to say this will take up to 3 months to look into even longer maybe due to COVID 19.
It’s now 3 years!
Sara (Debt Camel) says
It is a pity you did not check up that Very had corrected your credit record a year ago.
Who is your current mortgage lender? You can usually remortgage with your current lender even if you have credit record problems.
Kirsty says
Thanks for the reply – current lender rate wasn’t as good. I did look at Experian where it says my rate is 100% all green like. I did think that was adequate, I’ve been directed to Equifax by the broker showing these black marks. I don’t know why they don’t show up on Experian. Plus after getting the Very account to zero and the goodwill money through I assumed it was sorted out. I now really need to push this forward rather than it stagnating for the next few months, would you happen to please have an email of someone high up at all? Thanks
Sara (Debt Camel) says
try henry.birch@shopdirect.com and nick.mcbrien@shopdirect.com
KIRSTY says
This was a brilliant help. All sorted after emailing Mr Birch. He relied and it’s sorted .
THANK YOU
Sara (Debt Camel) says
excellent.
Kerry says
Hi Sara
I just wanted to say a huge big thank you for pointing me in the right direction re the CEO of Virgin Media Mobile, following their agreement via the Ombudsman to settle my claim. I was sent a cheque immediately!
So appreciated your help. Thank you very much.
Sara (Debt Camel) says
very pleased that worked for you!
PS if they are supposed to correct your credit record, check in a couple of months that this has happened.
Alison says
The ombudsman has recommended
Barclays refund my credit card and rework my account so that all charges are refunded and pay 8% interest on payments,interest,,charges +£300 compensation.
I would like to know can Barclay refuse this request from the ombudsman?
Please delete my surname from previous email
Thankyou
Sara (Debt Camel) says
is this a decision from an Adjuicator? or a final decision from an Ombudsman
Antony says
An Ombudsman investigator made a decision in-favor of me , in a complaint I raised to the Ombudsman services against one of the insurance companies rejected my claim and cancelling my policy , imposed a fraud mark on me in their data base. After the pronouncement of the decision and after being it accepted, the business was not responding or complying to the decisions. I approached the investigation about it and the investigator replied me that, they have no control over the business to act on its decisions. Who can help me in this regard
Sara (Debt Camel) says
This was the Financial Ombudsman? (Just checking as there is a different organisation called Ombudsman Services.)
What were the decisions? How long ago did you accept?
Liz says
Hi Sara
We complained to the Financial Ombudsman service about a major high street bank. The Adjudicator ruled in our favour and gave both parties until 1st September 2020 to agree or disagree with the ruling (we agreed). However, we have heard nothing since from either the Ombudsman or the bank. What happens if the bank just ignores the Adjudicator? Thanks
Sara (Debt Camel) says
It will go to the second “Ombudsman level” for a final decision that will be legally binding on the bank.
Julie says
Hi,
Do you have the email for ceo of Advancis t/a Buddy Loans.
I had my final decision from the ombudsman 5 weeks ago and buddy have failed to get in touch with me at all.
I have emailed their complaints email but have been ignored,
Also rang them but when I speak on the phone they say someone will get bk to me. But they don’t.
Any help appreciated.
Thank you
Sara (Debt Camel) says
Try nick.zapolski@buddyloans.com
Julie says
Hi Sara,
Thanks for that.
I found the email earlier this morning and emailed him,
Low and behold after weeks of being ignored by buddy I’ve just had an email back this afternoon with my redress amount and. Asking for details to send payment :)
Thank you :)
Steffy says
Hi,
I have had an ombudsman rule in my favour against Drafty TA Gain Credit (after they didn’t reply to the adjucitadtor)
Do you please have an email address whereby I can chase for confirmation of the refund?
Thanks for all your help as always :)
Sara (Debt Camel) says
how long ago was this?
Steffy says
Hi Sara
It was today they agreed! However I know Drafty missed 3 deadlines with the adjucitor and never reply so want to get ahead of this now!
Thank you :)
Sara (Debt Camel) says
I think you just need to wait a bit.
C Clarke says
.Firstly what I have been told by FOS seems to be at odds with some of the earlier comments on here. Firstly, the FOS has repeatedly told myself that the decision is final and cannot be changed, that includes words or phrases used within it. Yet an earlier contributor indicated that in their case the company he made the complaint against hadn’t paid out because they were waiting for clarification from the FOS. The communication I have from the FOS is that such clarification isn’t provided becuase the decision speaks for itself. Now my second point, again an earlier comment posted by a contributor suggested that the FOS had sent their case to an enforcement team, again my own experience regarding this is that the FOS has no enforcement powers, ipsofacto there is no enforcement team, all the ombudsman will do is write to the company concerned and remind them of their obligations. Which they can ignore.
So having found your website Sara I contacted a solicitor asking them for their help and associated costs for completing the N332a form. I was informed that it wasn’t as simple as just completing the form, i would be first required to issue a Letter of Claim to the Insurance company. your comments would be aplreciated
Sara (Debt Camel) says
Yet an earlier contributor indicated that in their case the company he made the complaint against hadn’t paid out because they were waiting for clarification from the FOS.
I believe FOS explained the situation to the firm and they paid up.
I am not sure the solicitor you taked to understood anything about enforcing a FOS decision. this is very unusual and they have probably never come across it.
I suggest you go and ask your local Citizens Advice for help.
CClarke says
Hi Sara, thank you so much for your reply. You see I have a FOS final decision issued in June 2020 against a leading insurance company, that insurance company isn’t complying with the FOS decision. It took the FOS 2.5 years to deal with my case from contacting them to them making the final decision. I will contact CAB today. But Sara, could you please clarify, and I accept you cannot give legal advice, that as far as you are aware, to enforce the FOS Final Decision, it is simply a matter of completing the n322a form, paying the fee and submitting the form to the court. As far as you are aware there are no steps in between or other formalities to complete such as issuing a letter of claim. Thank you
Sara (Debt Camel) says
Which insurer?
CClarke says
Hi Sara, I do not wish to disclose the name of the Insurance Company. It took me 2.5 years to get a FOS final decision in my favour. I would urge your readers to use the FOS service as a last resort, if they have legal expenses cover attached to a bank account or insurance policy use that first. Which Legal helped me through the Ombudsman process. Though FOS ombudsman decisions are legally binding, FOS have no enforcement powers. In addition they do not have to follow the law, they act as quasi Judges which I wasn’t aware of when I used the service. Since my last post, I spoke to CAB no help, Which Legal not aware of the process detailed above. I have spoken to 5 solicitors who all outline the same process, one however, is aware of the process above but as never used it. Going to give that solicitor the OK to act on my behalf, I will keep you and your readers updated.
Sara (Debt Camel) says
I asked for the name of the insurance company so I could suggest who you should email about this. An email to the FCA copied to someone senior at the firm can sometimes work well.
The legal procedure above is little known as it as almost never needed – that is a very good thing and a reason to use FOS.
Princess says
Need help, had anyone had a situation where you won the case with the adjudicators decision and that payment will be made directly to the contractor upon each invoice? Its frustrating as it means i will have to wait for each invoice to be paid at a time. What if the bank doesn’t pay on time? It just gets so messy. I had asked the adjudicator that should it not be me that gets paid but the bank say no we will pay only upon invoice as this would prove the loss. Witness reports sent. Loss is clear and surprised adjudicator would go for the less messy route. I scarrd if the contractor doesnt receive payment on time its us who will be liable for delays in payment when it should be the bank liable for the delays. Is it normal that losses/damages to be paid directly to us rather than contractors?. We had a full 3rd party surveyors report done and many pictures that showed the loss. I dont want any delays and i dont want this to get messy after reading all these above comments.
Sara (Debt Camel) says
I’m sorry I don’t know what is normal in these sorts of cases.
Jayne says
Hi. Ive had 18 provident loans from 2006up to august 2020. I put in a claim via a claims company. Provident upheld two loans paid out redress which was just enogh to cover what was owed on my last loan. My claims company took the case to odbusman. The adjudicator has said redress should have been given on loans 4-13 and loan 18 . How affective is the ajudicators descion and what time frame would provident be given.
John says
Hi – i am currently experiencing a similar issue to a lot of the readers. On the 1st October, the FOS made a final decision in our favour on a home insurance claim. This means that Davies Group (part of AXA) were obligated to settle the outstanding balance plus interest of 8% for each day the balance remains outstanding (which is running at over 630 days already) within 28 days. I have chased Davies directly without success and have tried to escalate via the ombudsman who in turn have told me they had done the same with AXA who subsequently chased Davies but still to no avail. Just like the claim itself, they seem to be dragging this out purposely. Any hints / tips you can recommend to try and get this resolved as soon as possible? Do we need to go down the N322A route?
Sara (Debt Camel) says
8% for each day the balance remains
I think this is 8% per year, calulated pro rate on the number of days, not 8% per day.
Which Axa entity is it?
John says
The 8% is simple interest calculated per annum from the date of loss to the date of settlement. In terms of entity i believe it is AXA Insurance UK plc. Thanks
Sara (Debt Camel) says
Try emailing claudio.gienal@axa.com, the CEO. Attach a copy of the final decision from the ombudsman and point out how late AXA are in paying out.
John says
Thank you. Have just emailed to see if this helps move things along.
John says
Thank you Sara. Emailing the CEO definitely look like it has provided the right escalation internally with settlement expected early next week. Many thanks for your help.
Mac says
I won a FOS decision on 4 July 2019! A year of delays and reporting the company to the FCA and the FOS enforcement team I finally received 50% of my compensation in August 2020. Trying to get the balance has proved impossible so I am proceeding for Court action via an N322a.
I’m part way through filling this out but have several questions if anyone could help me please.
1. Where do I send this? Is there a central address, or my local Court (Leeds) or theirs (London)
2. How much is the fee I need to send with the form.
3. Confused by page three, Condition 1 & 2 seem to be the same question.
4. As I have 8% added up to the date of settlement I’m not sure how I can give a final figure.
5. Last but not least, would you suggest I copy in the Company who owes me the compensation or just inform them I have applied to Court.
I guess it’s how long is a piece of string but does anyone have an idea how long it will take the company to be contacted by the Courts?
Thank you in anticipation.
Sara (Debt Camel) says
I’m sorry but I do not give advice on how to complete court forms. I suggest you phone National Debtline on 0808 808 4000 or contact your local Citizens Advice.
This is a very rare situation so not many people know about the form.
Mac says
Hi Sara
Thank you for your reply, I’m struggling to find anyone who can help and I’ve trawled through so many Gov and other websites for answers. Isn’t National Debtline for people struggling with debt? Please forgive my lack of knowledge on what they do. Citizens advice weren’t helpful. N322a seems such a simple form but doesn’t even give any direction on even where to send it.
Sara (Debt Camel) says
I think National Debtline are worth a try. I
Al says
Hello – looking for some info. After getting quite a few refunds on PDLs a few years ago for irresponsible lending (almost all upheld after looking deeper into my finances) I raised the same issue with a particular credit card company who for all intents and purposes acted in the same way. Aside from the fact it cost me a lot more and I had the reliance on it a lot longer, the issue was the same: they didn’t do good enough checks before lending to me. I complained to them, after many months they partially upheld – resulting in removing a second credit card from them and closing my account apart from payments. I still had to pay the balance. I wasn’t happy with the outcome, I don’t feel like they actually looked into the case well enough so took it to FOS who also took a while (due to covid) and the investigator has recently been getting back to me. They agree with me – they should have done better checks. They’ve set out what they recommend the business do (refund all interest + charges) and sent that to the business. The business has about a week to reply.
What happens now? That’s my question really – they are a big name company, are they likely to just go with the advice from the investigator? Are they allowed to disagree or ignore it? If so, what happens then – does it go to an ombudsman? Are they likely to agree with the investigator? I understand it’s a bit of guess – what would I expect as a time frame from here? And advice or experience would be great, thanks.
Sara (Debt Camel) says
Questions about credit card complaints are best asked on https://debtcamel.co.uk/refunds-catalogue-credit-card/ and you may get more helpful replies if you name the lender.
Andrew says
Hi, I had a complaint upheld by the ombudsman and I have the final response saying they are due me money only around £700 but this decision was made back in November and it’s now approaching the end of Feb with no payment made and the company (lending stream) won’t answer my emails and you can’t phone the complaints department to speak with them leaving me with no where to go. The last update I had was lending stream are still trying to contest it which ombudsman service have told me they can’t do as it’s a binding decision but lending stream don’t seem to care leaving me a bit stuck so any advice or the email for there CEO would be really appreciated.
Mike says
Hi,
Do you have the email address of the person to contact at Specialist Motor Finance. I have a final ombudsman decision in my favour and have finalised everything with the ombudsman,……but now I am at day 35 when payout was supposed to be within 28 days.
Sara (Debt Camel) says
Try claire.vine@thefundingcorporation.com
Mike says
Thank you so much!
Mike says
Finally was paid out on the 5th March, although they have done it in a weird manner……. paid out first before telling me what the amount would be. It doesn’t match what I had calculated it to be, even taking into account the Tax element. They’re about £150 short. Better to be arguing about £150 rather than the other £3100! They’ve told me I will get the calculation emailed over at some point this week.
Luke Sweeney says
Hi Sara,
I was wondering if you could help me find an email for the CEO of auto advance/DTW associates limited… I am waiting to be paid after an ombudsmans final decision and thier time is up!
Thanks for your help,
Luke
Sara (Debt Camel) says
Try kris.baldwin@cceuk.co.uk
OLAWALE says
Hi Sara,
I have got a final decision from ombudsman against BT for a fibre broadband which was not installed and I paid for it for few months , they are not willing to pay the award from FOS, please do you have the CEO CEO email address. Thanks and best regards.
Sara (Debt Camel) says
have you talked to FOS about this?
Nands says
Hi Sara, do you have contact details for the CEO of Motorkitty? They are refusing the Ombudsman final decision and said they will take it to court?? Have you ever heard of this happening?
Sara (Debt Camel) says
No I don’t. I have replied on the other page.
Hussain says
Hi Sara, I currently have dispute with my bank which has been going on for a year and is currently being dealt with by the Financial Ombudsman Service. The investigator provided her views on 7th December 2020 which went in my favour. She gave my bank until Friday 18th December 2020 to respond but advised they would likely respond in the new year. I hadn’t heard anything, so I emailed the investigator two weeks ago asking if there is an update, which she replied stating last communication with them was 8th December 2020 where my bank advised it had been passed to their senior management for review. The investigator stated they are aware my bank are dealing a large number of complaints, but she emailed my bank asking for an update, or how long it would take. She stated she’d let me know when they replied. To date they haven’t replied. Do you know how long the Ombudsman gives to companies at this stage or if there is anything I can do to speed the process up? Thank you for your help!
Sara (Debt Camel) says
You can complain to FOS and say you want your complaint to be looked at by an Ombudsman as the bank hasn’t responded. But that may take sone time.