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)
luke halbert says
Hey Debt Camel ,
I won a mis selling case against TFS loans for a loan i took out in 2011 !! After 2 years of hell working with the FCO , TFS was ordered to pay compensation.
They owe me £8k and i was told this would be paid on 23/03/21, however no payment was made and they are now saying they made a faster payment which i haven’t received !!
What can i do ?? I feel its a stall technique and i am livid that this is happening !
Sara (Debt Camel) says
can you check they have the right bank account details?
bev says
Has anyone actually received compensation from 1+1 loans the 28 says is up on Tuesday and they still haven’t paid me. Can they actually ignore an ombudsmans final decision?
Sara (Debt Camel) says
Not and stay in business long…
bev says
Ok just wasn’t sure if they can ignore the ombudsmans decision. The 28 days is up tomorrow and I haven’t heard from them. I’m going to contact the ombudsman tomorrow again but not sure what he will do after that. How long do they expect you to wait it’s been over a year in total to get to this point
Nikki says
Hi Bev I am in the same position with 1+1 loans have you had any communication from them at all?
bev says
Hi no I’ve not heard anything the ombudsman said to give them 28 days to respond an that will be tomorrow for me but I’m not holding out much hope.
bev says
Hi Nikki can I ask what response you got from the ombudsman. When you notified them you haven’t had any payment yet
Nikki says
Hi Bev
So it took a while to even get a response back from my adjudicator but she basically said give it more time and they will chase up 1+1 I have had my direct debit for payments stopped by them which I’m hoping is a good sign when do you pay yours has that been stopped?
bev says
Hi Nikki any update on your case yet?
Nikki says
Good luck and please post if they pay up thanks
bev says
How long have you been waiting?
Nikki says
Hi Bev
Any update on your case? My payments are taken on the 1st of every month I phoned 1+1 and they said this has been cancelled from the 1st April I then contacted my bank and they said it is still a live direct debit so no idea what is going on
Sara (Debt Camel) says
tell your bank to cancel it!!!!
bev says
They said to me to give it another week and to contact them if I haven’t heard anything. My loans finished now so don’t owe them anything
Nikki says
I’ve been waiting 48 days now!!I had no correspondence at all from them until a few days ago stating I will get paid by the 5th April I’m not holding my breath though.I will let you know if I get paid
bev says
Oh Wow have they given you a calculation of how much you will receive or just told you that you will be paid by that date? Have you gone through the ombudsman?
Nikki says
Yes it went through to a final decision by the ombudsman no they haven’t told me what I will receive either it’s so frustrating
bev says
I know it really is frustrating keep me posted I you get paid
Nikki says
Yes will do I’ll cancel it now thanks
Nikki says
Hi Bev no update I’m waiting for the 5th which is when they said they would pay by then go from there I take it you still haven’t received anything?
bev says
Hi I was told by the adjudicator to give it another week but I’m not holding my breath either
not a Tfs fan says
Hi Luke did this get paid in the end?
Nands says
Hi Luke, to what extent did thr FCA get involved? I won my case against Motorkitty in Feb 2021, and they refuse to pay. I’ve been to the FCA, and not much help. FOS just shrug their shoulders, binding decision or not. I’ve done thr Court enforcement and now waiting for bailiffs to get involved.
Manju Dhall says
Our case been with the bailiffs now for 5 mths and still not received a penny.
They go back each week to Halifax (who is us the money) take stuff, sell it, but don’t get any money money!
It just keeps going on and on
Amanda says
Hi Luke,
Did you recieve payment from TFS, as I have had my complaint up held and was wondering how long do I wait for payment?
Thanks
Amanda
Amanda says
Hi,
I am in the same situation. The Ombudsman upheld my complaint, but I haven’t recieved any thing yet. What do I do? Has anyone recieved anything from TFS loans please?
Thanks
Amanda
Sara (Debt Camel) says
Luke has told me he was paid in early April.
Amanda says
Hi Sara,
That’s brilliant news. I still haven’t heard anything from the conpany since my complaint was upheld. Have you any suggestions what I should do next?
Many thanks
Amanda
Sara (Debt Camel) says
Well it’s not that brilliant, they do sem to be very slow about paying now. When was your final decision?
Amanda says
Ah ok, mine was upheld 18th September. I have had nothing yet from them. What do I need to do to get them to pay the monies owed?
Thanks
Amamda
Sara (Debt Camel) says
That’s only just over a month. Go back to FOS and say you haven’t been paid.
Amanda says
Ok, thank you.
Amanda
Katy says
Hi, I was wondering how long q decision from the final stage took with you, I have also complained about tfs the didn’t agree with the adjudicator so now it’s gone to the final stage.
Thank you
Hussain says
Hi Sara,
I hope you are well.
I have a case that’s currently with the Financial Ombudsman Service which is about my bank. The bank didn’t agree with the investigator’s initial view, we went back and forth a few times but they still didn’t agree when the investigator stood by her initial decision. The investigator just stated it is being passed to an Ombudsman. Do you know approximately how long cases take to be passed to an Ombudsman and solved?
Thank you,
Hussain
Sara (Debt Camel) says
I am sorry but this seems to vary widely depending on the nature of the complaint and the firm
Jj says
Mine has took two years don’t hold your breath
Hussain says
Thank you for your comment, was your case ranked as a priority?
DaddyCare says
Mine was 18 months won the case but company haven’t paid out….
Sara (Debt Camel) says
Which company?
DaddyCare says
Toyota Financial Services over the last 2 years had a non functional car sat on my drive, have sent over 200 emails and I’ve no idea of how many phone calls. However have won the case with the Financial Ombudsman and are awaiting for a response from TFS. I’ll give them a few more weeks prior to going back to the ombudsman.
Thanks for the supper quick response
Sara (Debt Camel) says
Was your case won at the adjudicator level? If so has TFS accepted the decision?
or was it an Ombudsman level decision?
DaddyCare says
Toyota financial services rejected the adjudicators assessment.
My case was very easy to assess it could have been processed much much quicker however once it went to the actual ombudsman it only took about a month for the final decision, I did log a formal complaint about the timescales but the assess themselves so the complaint was pointless.
Sara (Debt Camel) says
and how long ago was the Ombudsman’s Final Decision?
DaddyCare says
17th January as said I’ll give them a few more weeks prior to me contacting the ombudsman again.
Sara (Debt Camel) says
ok, well they are allowed 28 days. On the plus side there seems little chance of them going bust!
princess says
depends how complex it is, it took around 8 months as it was going back and forward. Can take a long time if its complex. Mine was really complex and a lot of money involved. But it was solved and I can say that they paid as soon as they needed too.
Hussain says
Thank you for your comment. Yes mine is classed as a complex case but the Financial Ombudsman Service have also given it priority due to my circumstances and it involves a lot of money. It’s been at the investigator stage for around 4 months going back a forth but the bank refuse to accept the investigators view so they’ve had to assign it to an Ombudsman. It doesn’t look good then, sounds as if I’ll be waiting for many months. Was yours categorised as a priority? Thank you for taking the time to read and respond to my message!
Nands says
We still have our case with Motorkitty, and nothing has changed. The FOS found in our favour beginningof February, and MK is refusing to pay, saying they don’t agree? Our Adjudicator seem to not do much, and everyone is just shrugging their shoulders. What happend to FOS decision being legally binding?? I’m furious that MK can do this, and just get away with it?
Lea says
Hi Sara
Just a question, after nearly 2 years finally got my a letter today form the ombudsman upholding my complaint regarding nationwide and its the final legal binding decision . they included a form to sign i agree , or i could email or phone. once ive confirmed i agree (which i do !), do i then just have to wait for nationwide to get in touch and tell me the calculations and sort the payment of reimbursement of fees, interest charges plus 8% interest? do you know if they get a timeframe? or will the ombudsman be in touch again to put myself and nationwide in touch with one another? Never had a case have to go to final decision before and just wondering what happens next!
Thanks Lea
Sara (Debt Camel) says
Nationwide should be in touch. if you haven’t heard anything in two weeks, ask Nationwide what they are doing. If you haven’t been paid in 4 weeks, talk to your FOS adjuidicator!
But I don’t expect you will have problems.
lea says
Great thanks Sara!
Kimberly Sims says
Hi, yes I also had my complaint upheld by the Ombudsman about two months ago. HSBC still haven’t paid out, despite several reminders. It is supposed to be legally binding but it makes a bit of a mockery if you have to go to Court as well, to enforce it.
My ombudsman said apparently the bank were now prevaricating due to the case handler at HSBC/First Direct being on leave!! They were now putting it to high priority, but continue to delay. Quite frankly, I’d love to call the bailiffs in, as they would, with people in financial dire straits who they’ve stitched up themselves over the years.
K Marshall says
Received final decision (against TSB) on 25th Feb this year with them given a month to settle. Despite assurances that the decision was legally binding and the bank were likely to settle quickly Nearly 2 months on I am still waiting for my money. What can I do? This is despite supposed prompt to them by the Investigator of my case. What do you suggest next? Should I contact the CEO of the company and threaten to enforce the FOS’ decision through the courts or shame them on Twitter etc??
Sara (Debt Camel) says
You have told your FOS investigator that you haven’t been paid?
If you use Twitter that can sometimes work well. Tag @thefca and @financialombuds in your tweet to @TSB.
K P says
I have received the findings from an adjudicator finding in my favour. This is regarding 2 loans I had taken out a couple of years back.
The company is H&T Loans, stupidly high interest rates, but I was in a bit of a predicament at the time. My issue is I don’t fully understand the lingo on the email from the adjudicator, although I understand that they have ruled in my favour.
—————————
I’m getting in touch to let you know that we have everything we need to look into Mr P’s
complaint – and I now have an answer for you.
This assessment is based on the information provided so far. If you or Mr Pye are able to
provide me with further information by 6 May 2021, I’ll be happy to look at it.
From what I’ve seen you provided Mr P with 2 loans between November 2018 and
May 2019.
On 23 November 2018, you lent Mr P £750 which was to be repaid in 12 monthly
instalments of £105.59 resulting in a total amount payable of £1,267.08. This loan was paid
off with a lump sum payment being made on 31 May 2019.
On 31 May 2019, you also lent Mr Pye £2,000 which was to be repaid in 36 monthly
payments of £134.41 resulting in a total amount payable of £4,838.76. This loan was settled
early by Mr P on 22 December 2020.
Having thought about everything, I’ve not seen enough to say it was unfair for you to provide
loan one to Mr P, but loan two shouldn’t have been lent to him. I’ll now explain why I think
this is the case and what I think you should do to put things right.
[general stuff on high cost lending]
It appears that at least some of loan 2 was used to repay the previous loan Mr P had with
you, which also had a high rate of interest. This meant that this loan included not only the
further funds advanced to the consumer, with interest, but also the remaining balance of the
previous loan – including any unpaid interest on that loan (subject to any early settlement
terms). So, Mr P was essentially left in a position where he had to service a loan with a
high rate of interest, while effectively paying further interest on the interest from a previous
loan Refinancing is typically used as a tool to alleviate the pressures of debt by reducing a
consumer’s monthly commitments. But in this instance, the effect of refinancing on Mr P
was that he was further indebted to you – with a very costly loan – over an extended period
of time. And I don’t think this was fair – so it follows that I don’t think you should have
granted this loan to Mr P.
K P says
How to put things right
Where we find a business did something wrong, we look to put the consumer back in the
position they would have been in had that event not happened. In this case, I don’t think you
should have given Mr P further funds, which had the effect of refinancing his previous
loan.
I appreciate Mr P had the benefit of the funds which weren’t used to repay the first loan –
and I’d expect any capital advanced to have been repaid. So the additional interest applied
to the second loan is the issue here. So, I recommend:
The structure of loan one should be reinstated, and the capital Mr P received for
loan two – that is, the funds that weren’t used to repay the first loan – should be
added to loan one
Any repayments Mr P made to both loans should be considered as payments
towards the first loan
Any overpayments should be refunded to Mr P, with 8% simple interest per annum
Any reporting about the second loan should be removed from Mr ’s credit file
Sara (Debt Camel) says
That is really odd language. I have no idea why.
I suggest you ask the adjudicator if this means loan one has still been settled so you are getting the interest back that you paid on loan two.
K P says
Hi Sara,
I have emailed the adjudicator for clarification. I will let you know the response when I get it.
Thankyou for taking the time to assist me.
KP says
Update:
I have had no response from the obsbundsman regarding my case and clarification on some points I raised.
The date has now passed also for the company to reply to the obsbundsman, and not sure if they have replied or not. Hoping that I will hear something in the next week.
JB says
Hello
Your website is very informative.
I red your advice re enforcing a Financial Ombudsman Service Decision…..I have won my FOS case but it is a requirment for the busniess to take an action not pay money. It is a direction.
In the Ombudsman Final Decision she would not specify actions and refused to specify actions, and said they must take ALL actions, well the Company has just taken advantage of that, saying it only uses some Reporting Agencies, it put a part entry on one with a default date they were told by the FOS to put on, but then the second purchaser default is different etc. ..when they shoud be the same defualt date ie the orginal defualt date set by the first compaqny who orginally owned the debt..not a second company being dis honest and putting a new defualt date..the date they bought the debt..so as to extend their entry to the full 6 years..which is dishonest.They then tried to put further evidence to the Ombudsman after I had accepted her Final Decision, which I did know about, and then blocked. The FOS were not going to tell me that.
So Iam stuck, as far I gather, the County Court is not supossed to go into or re assess the case but to follow the Decision of the FOS, but I do not see how that even works, if the company say it has complied and I say they have not, and the Ombudsman Directons were take ALL steps .
I did not find the FOS very good at all.
Sara (Debt Camel) says
Who was the original lender? What is the default date they are now showing?
Has the original lender said they cannot get the debt purchaser to change the date?
Who is the “second purchaser” and what default date do they have?
JB says
The second purchaser has dishonestly just made up their own default date, different to the original debt owner, a date when they ,the second purchaser bought the debt.
Ive reported the second debt owner to the Information Comissioner Office for breach DPA 18 GDPR re accuracy of processing of data.
I won my FOS case and the first creditor was told to take ALL steps to rectify the incorrect defaults , that is the double entry system of assigned sold debts which should have bound the second entry on the rpeoirts, by the credit agencies themselves, and they didnt bother … despite that, the FOS were a complete waste of time. Most of their Ombudsman are not legally trained and just promoted case handlers.
Sara (Debt Camel) says
First I suggest that it doesn’t help your complaint when you use words like “dishonestly”. You may think that, but unless you have evidence that proves it, it is almost always better to say “incorrectly”.
Who was the original creditor? Have they removed the default from the credit record that they report? If yes, when was this done?
Who is the current creditor?
Jason says
Submitted a complaint to a payday loan company in Nov 2020, they upheld it in part but then were going to take a large chunk out of the payment due to an outstanding loan which i believed was also wrongfully given so i refused their offer. Got a favourable decision from the FO 2 weeks ago and heard nothing. They don’t reply to my e-mails but funnily enough are still happy enough to send me arrears e-mails about the oustanding loan, despite them saying that this loan was frozen until the outcome of the FO investigation was known,
My concern is, given how alot of these payday loan companies are going bust, where would i stand if this company were to go into administration in the near futurer. Would the company still have to adhere to the FO decision? I am physically and mentally exhausted from this and just want my money so i can move on with my life.
I hate these companies so much
Sara (Debt Camel) says
Which lender is it?
And how large is the balance?
Shelly says
Hi, Would I still be able to use form N322A to enforce a FOS decision if I didn’t accept the Ombudsman’s decision as I wanted my legal rights to remain? I took my complaint to the FOS back in 2019 against a finance company in relation to a faulty vehicle and my complaint was upheld in my favour. I look forward to your reply. Kind Regards Shelly
Sara (Debt Camel) says
you cant enforce a decision and still go to court if that is what you are asking?
Shelly says
No what I mean is can I enforce a decision if I didn’t accept the Ombudsman’s decision? I don’t want to take it to court just want to enforce the decision.
Sara (Debt Camel) says
ah, I suggest you go back to FOS and say you would like to accept the decision
Shelly says
Thank you, I’ll do that now.
Gary Robinson says
Hi.
After 40 months of non stop correspondence I have eventually won my case of the mis-selling of a car loan against PSA Finance Ltd. The Ombudsman’s final decision letter is however rather vague and I suspect PSA will attempt to reduce what I am owed by calculating my award based on what is best for them. How can I enforce payment, if I need to, if I don’t know exactly how much I am owed? I may be jumping the gun here, but my dealing with PSA have left a very sour taste in my mouth and I have absolutely no confidence in them doing the right thing. So my question is “Who decides what I am due back”?
Sara (Debt Camel) says
what do you think is vague about the final decision?
Shelley says
The financial ombudsman awarded me a refund from Barclaycard 5 weeks ago …. I still have not recieved anything what should I do now. Barclaycard are saying they cant talk to me about it because it’s to be dealt with by the ombudsman. The ombudsman said to hang on another week and see it they pay !!!!
Sara (Debt Camel) says
Is this a decision from an adjudicator? Or a second level decision from an Ombudsman?
Shelley says
It’s from the ombudsman. Barclaycard initially rejected the adjudicator decision. I have the ombudsman final decision.
Sara (Debt Camel) says
In that case waiting another week is the sensible option I am afraid.
Cone back if Barclaycard haven’t said what the refund will be at that point.
Shelley says
Hi Sara
I got my refund this morning I probaly was a little impatient!!!! Tho my initial complaint was made nearly a year ago.. I made the complaint as I thought barclaycard has increased my credit limit irresponsibly. They said they did nt but the ombudsman agreed they did
Sara (Debt Camel) says
Great! I hope it was a good refund. How much did they increase your credit limit? I am always interested in these cases.
Shelley says
In 2015 the increased it from £4600 to £9400 !!!! At the time I was not working and ended up in a mess !!!
Jim says
Hi Sara,
I made a complaint to the FOS in 2019 with regards to Natwest and irresponsible lending (overdraft facilities). I had an initial £250 overdraft which was increased 8 times in a 9 month span, from £250 to £400 to eventually £5000.
An adjudicator has said my complaint should be upheld and Natwest should refund me all interest and charges on anything over £400 as it was irresponsible lending. Natwest accepted this outcome from the adjudicator as did I.
The adjudicator said Natwest will be in touch within 28 days to arrange payment, and if they haven’t been in touch in 28 days to contact the adjudicator. It’s currently at 23 days since both Natwest and I agreed this.
After reading a few posts I thought I would get in contact with Natwest to see what was happening, when I was being paid, confirming bank details of where to pay me etc.
I have been told by the Natwest complaints department that nobody in Natwest can help – and they only deal with complaints PRE ombudsman, then when they’re with the FOS they stop…
but clearly a department in Natwest can as they accepted the adjudicators decision.
As this was an accepted adjudicator agreement by Natwest and I, so not an enforceable FOS ruling.
Should I tweet them, or communicate to their CEO? Do you know if there is a specific dept in Natwest that can help?
I’m concerned they won’t pay me or get I touch, prolonging the process
Jim
Sara (Debt Camel) says
Good result!
How far into the 28 days are you?
Jim says
23 days into the 28 days now.
I appreciate the agreement isn’t a final ombudsman’s decision, it was made at adjudicator level so I’m concerned they’re just stalling.
Sara (Debt Camel) says
But they have agreed with the decision. I suggest you wait for the 28 days and go back to the adjudicator.
At least there is no danger of them going under!
Kel says
Hi… what happened, did the company pay within the 28 days?
Simon says
Hi,
We won our case against Specialist Motor Finance a couple of years ago and were awarded a substantial sum by the FO. Having heard nothing subsequently, we got on to LinkedIn and identified the CEO of SMF, as well as their holding company. We posted polite comments on their profiles, outlining the case and adjudication and requesting action.
Hey presto, things moved very quickly after that. We received an initial payment within days and the full payment within a couple of weeks.
Public shaming works – especially amongst their business peers.
Kim says
Hi Sara, I was victim of a push payment scam in February 2020. The bank repaid me half the sum. I went to the Financial Ombudsman, who have recently heard in my favour, for the rest to be repaid . However, I have heard nothing from HSBC after four weeks, I informed the FO, who said they would chase it up, but over a week later, have still heard nothing. Should I now speak with my bank about it? I rather wanted the FO to deal with it all on my behalf! Or should I go your recommended route and just enforce with a Court Order?
Thanks for your advice.
Sara (Debt Camel) says
I am assuming this was a Final Decision from an Ombudsman, or an adjudicator decision which HSBC accepted. Is that correct?
I do not recommend going the court route until you have tried everything else!
In this case, I suggest you email kerri.anne.mills@hsbc.com attaching the Final Decision from FOS (or the adjudicator decision and the message fro FOS saying HSBC has accepted it) and ask when you will be paid.
Kim says
Hi Sara, thank you so much much for such a quick response! Although, I am actually with First Direct which is obvs part of HSBC. Yes it was the FO’s Final Decision. I will do that and see what she says.
Thanks very much.
Mary says
Hi Sara
I had a logbook loan with CarCashPoint which is now with the ombudsman. They ombudsman wrote to CarCashPoint and advised that they believe the loan was unaffordable and suggested that a refund should be made. Carcashpoint had until 8th September to reply but the ombudsman have received no response. Can you advise of the next steps please. In the meantime I have emailed CarCashPoint and asked them to respond but nothing back from them.
Sara (Debt Camel) says
You could tell your adjudicator you would like the case to go to an Ombudsman for a Final Decision. Unfortunately that means another delay… which is why FOS normally allows the firm extra time to accept the adjudicator decision.
A FD is legally enforceable in court.
Vanessa Simmonds says
Need CEO email address for Wellington court financial services ltd please
Sara (Debt Camel) says
try https://www.ceoemail.com/
Vanessa Simmonds says
Tried there but they are not on it
Kel says
Hi, I made a complaint to vwfs regarding mis-sold car finance on affordability for my partner. After a long battle audi rejected our complaint explaining they take no responsibility. We took our complaint to financial ombudsman and the adjudicator upheld our complaint and asked for part payments be refunded from all payments. 3 weeks ago we had a great result that audi accepted the adjudicators findings. We were advised to wait 28 for them to contact us. My question is, is the 28 days just to make contact or would that include the refund? We are 3 weeks into the 4 weeks and haven’t heard anything. Thank you
Sara (Debt Camel) says
In theory the refund should be paid in that time. If you haven’t heard from them in another week, tell your adjudicator.
Kel says
Ok thats great thank you
Kelly says
Hi Sara… we’re in the 4th week now and still nothing from VWFS.. I’ve email the adjudicator. Can I message the ceo now?
Thanks
Sara (Debt Camel) says
Have you phoned them up and asked about this?
Kelly says
No I haven’t had any contact with them since they rejected our complaint last year. Do you think it would be worth giving them a call?
Sara (Debt Camel) says
Definitely!
kubilay says
my case is now being considered by the independent omdustman
at the first evaluation, the inspector found me unfair.
the independent omdustman asked the company 6 questions to answer, but the company did not respond to the questions asked in the required time.
and that october why the opposite company is constantly given additional time to answer questions
is it right that this should be done?
what should I do in this situation ?
it’s been like 3 months since the independent omdustman was appointed to my case.
I want my case to be concluded as soon as possible because I am financially strapped.
I informed the inspector that my financial situation was not good.
but I am afraid that the opposing company will constantly influence the case by submitting fake documents
the company has done this once before and was instrumental in the inspector finding me unfair.
that’s why I don’t want the company to be given any more time.
Sara (Debt Camel) says
A Final Decision from an Ombudsman is legally binding on the company. An adjudicator’s decision isn’t.
The Ombudsman has to try to listen to both sides which is why it sometimes feels as though lenders are given too much time. It is a fair system but not a speedy one.
kubilay says
What will happen if the counter company never answers the qit works against me day by day, my debts to banks are multiplying all the time.uestions asked? Will I always wait?
Sara (Debt Camel) says
FOS will give up trying in the end and make a decision on the basis of what appears to them to be most likely.
Is this debt a large one? Are you still making payments to it?
kubilay says
yes, the amount I’m complaining about is 50 k dollars
a forex company registered with the FCA in london
This company did not transfer the money they took from my credit card to my investment account, causing me to go bankrupt.
if they had transferred the money they withdrew from my card as soon as they withdrew it, I would not have gone bankrupt
they deliberately transferred it after 1 day
i have emails saying that they admit the mistake they made
I also have a screenshot of the poster on their official website that they will process instantly.
They claimed that this nonsense they did was written in the contract, but I proved that the contract they executed had nothing to do with me.
and so the independent omdustman felt the need to ask them 6 questions.
I’ve provided a lot of extra evidence that might be in my favour, but
we are not making progress because the opposing company did not answer the questions.
I need the case to be concluded as soon as possible
Can you help me settle this case in my favor quickly?
I would be very happy if you could help me
and I can pay you for your help
Sara (Debt Camel) says
I do not understand how a delay of one day can have caused you to go bankrupt.
And now you are bankrupt, your debts are not multiplying as they will have been included in your bankruptcy.
And once you went bankrupt the right to make a claim belonged to the official Receiver not to you… so there would seem to be a real risk that any refund you get will be paid OR and not to you. Unless you can get a refund that is large enough to get your bankruptcy annulled – that means paying all your debts and the official receiver’s costs which can be very large – then this FOS claim may not help you much.
I think you should talk to a debt adviser about this. I suggest you phone National Debtline on 0808 808 4000.
I do not help with individual cases.
Robert Turner says
Hi. I have won a complaint with moneybarn. 28 days has passed since final ruling. (02/12)
Do you happen to have the CEO’s email address?
Thanks!
Rob
Sara (Debt Camel) says
28 days from a final ombudsman’s decision?
Rob says
Hi sara. Yes, from final decision. It was sent to an ombudsman as moneybarn did not respond. They continued to rule in my favour. It has now been over 28 days since I was told by FOS that moneybarn will be in touch for settlement.
I’ve had one email, asking for bank details, and absolutely nothing since.
Thanks
Sara (Debt Camel) says
ok, well if they have asked for your bank details that is a good sign. this may just be holiday delays. I suggest you email compliance@moneybarn.com. Point out you have a legally binding decision from FOS and
Are you on Twitter? If so, ask them at @MoneybarnUK. Or Facebook? Ask them at https://www.facebook.com/moneybarn
Dale says
Hi rob, how long did you wait from adjudicator – ombudsman? I’ve been told 8-10 weeks?
Brian says
Can I ask if you ever got paid I am in a similar situation right now ?
Thanks
Katy says
Hi, I have won a FOS case against TM Advances this was back on the 28th Feb. I have emailed them twice to get an update but haven’t heard anything still. They have until Monday to transfer funds and confirm the amount they owe me do you have the CEO email address at all
Sara (Debt Camel) says
no, sorry.
Teffy says
Hi Kaz
Did they pay you in time? Mine was agreed by ombudsman on 3rd March and TM advances act as though they have no idea it has to be paid in 28 days! I’m chasing every couple of days and Matthew keeps giving me the “I’m looking into this”
Katy says
Hi,
Funnily enough I have just tried to call TM Advances for an update but as per usually I get nowhere!
Nope still waiting it’s now been 30 days, I’ve called FOS and they keep telling me to call TM Advances. Everytime I call TM Advances they tell me they are dealing with it. I literally have no idea when or even if they will pay out and I don’t seem to be getting any help from FOS.
Let me know how you get on
Kubilay says
Even though I’ve been marked as priority, my case still hasn’t been decided.
I only get copy paste messages from ombudsman
an email message constantly saying that they are doing everything they can to get the case resolved quickly
If I had gotten in a time machine and went back 5 centuries, I guess I wouldn’t have encountered such a ridiculous process even in tribal states.
do you think this is normal?
What should I do to get my case settled quickly?
Sara (Debt Camel) says
when did you send the complaint to the Ombudsman? Which firm are you complaining about?
Kubilay says
I applied on 14 September 2020
The name of the company I am complaining about is tickmill
on friday i requested that my case be reviewed by a manager due to unnecessary delays
my inspector approved my request said she referred the case to a manager
It says on the website that it will be investigated in 2 weeks, but no one has contacted me even though it’s been a week.
Sara (Debt Camel) says
Not an area I know anything about, sorry.
Kubilay says
Do you know anyone who has an opinion on these issues?
Sara (Debt Camel) says
No, it isn’t a firm or an area I know anything about.
Gary says
My case went in to FOS in July 2021 and I still haven’t a final decision. So buckle up is my advice! They are swamped, and even if the adjudicator rules in your favour it’s then a further 12 week wait for an ombudsman if the decision is appealed.
Teffy says
Hi Sara
It’s been 26 days since TM advances were told my ombudsman to rectify my complain and when I emailed to say they have 28 days they act as though they don’t know this? And will “get back to me” can you please provide CEOs email address? 2 days to go and I want me £900+!!!
Sara (Debt Camel) says
try mark@tmadvances.co.uk
Maureen smith says
Do you have the email address for CEO of Creation Financial please, they’re completely ignoring the ombudsman final decision and I want to email CEO before I pay to take it to court
Sara (Debt Camel) says
I suggest you email claire.moore@bnpparibas-pf.co.uk and tony.hodges@bnpparibas-pf.co.uk.
How long ago was the Final Decision? Have you told your adjudicator?
Maureen says
It’s been 5 weeks now, there were 2 accounts as part of the complaint and they’ve only taken the action on 1. Dozens of emails to them have gone unanswered and my adjudicator has also emailed with no response. I’ll let you know how I get on.
Maureen smith says
It worked – 2 days after emailing the addresses you gave me I received a response.
Thank you for your email.
I have made some enquiries into this matter and have found that we set up 2 separate complaints in respect of this matter, one for each account.
When the Ombudsman decision was received, the actions required were taken just on the one account in error, for which I offer our sincere apologies.
I am now arranging for the remaining actions to be taken as a matter of priority, and will update up when the actions are completed.
This company have ignored all my communication for over a year so the CEO emails do work, thank you so much.
Sara (Debt Camel) says
very pleased to hear that.
Oscar says
Hi Sara, do you know how I can escalate a concern within the FOS. I’ve been waiting 11 weeks for an ombudsman now and I was initially told 8 weeks. I’m exhausted waiting now, my case has been with them since 23rd July 2021, the wait times are just lethal.
Sara (Debt Camel) says
Unless there is a reason why FOS should give you priority, there isn’t much you can do.
What sort of complaint is this? About which firm?
Oscar says
Affordability complaint against a car finance provider. The adjudicator upheld in my favour and I can see 90% of cases tend to stay the same as that. What qualifies as “priority” ?? I think it’s unfair to be put at the bottom of the pile when I’ve already been waiting over 9 months since submitting it to them.
Sara (Debt Camel) says
who is the lender?
are you still paying this?
Oscar says
Moneybarn. No the finance has finished now, is this why it’s not being treated as a priority?
Sara (Debt Camel) says
it makes it harder to argue that you should be treated as a priority,
Oscar says
I understand that but what’s the likelihood I’m sitting waiting for many more weeks and months before it’s looked at? In a way I could’ve been paying interest on finance that shouldn’t have been lent to me, a lot longer than an active finance that’s treated as a “priority” how mad is that? Have I literally got to wait this out?
Sara (Debt Camel) says
You haven’t gone “to the bottom of the pile”, you are just in a queue for an Ombudsman. Many people have waited more than 6 months to get an adjudicator decision.
I wish it was quicker but there isn’t much you can do unless there is some health reason why this neds to be treated as a priority.
Kubilay örnek says
at best you can wait 3 years
I do not think that the ombudsmen examine the cases in detail, using the density of the cases and the covid diseases as an excuse.
if you can afford to sue go to court
I’ve been waiting for almost 2 years despite being marked as priority
It’s been 9 months since my case was assigned to the ombudsman, but I’m not sure if I can get a response for at least 9 more months if it goes like this.
Sara (Debt Camel) says
This is very poor advice.
i don’t know anyone that has been waiting 3 years for an Ombudsman decison.
And if you sue in the county court, then it takes on avaerage at least 9 months for the case to come to trial.
Sara (Debt Camel) says
so you got your decision 5 months later and your complaint was upheld!
Kubilay örnek says
I’m still waiting for a decision since 2020 also even though I’m marked as a priority
I’m sorry but you’ll have to wait a long time
Sara (Debt Camel) says
is that for a decision against Moneybarn?
Oscar says
My adjudicator decision was issued in January, 5 months after submission. Moneybarn rejected this a few weeks later. It’s been 11 weeks since it was sent to ombudsman now and the adjudicator originally quoted 8 weeks lead time.
Kubilay ÖRNEK says
I recommend you to read the comments on the financial ombudsman facebook page, you will see how optimistic I am when you read the comments there.
In addition, the financial ombudsman officially censors by closing the comments while posting something on pages like youtube.
Since facebook does not turn off comments, I recommend you to read the comments there.
Sara (Debt Camel) says
I have been writing this website for 8 years and for the last 5 there have been a LOT of FOS complaints that I have seen. Which firm are you complaining about?
Maureen smith says
Have you emailed the adjudicator? I followed up on mine after 8 weeks and she chased up the ombudsman. My process to that point was fairly
slow but got there in the end.
Oscar says
Yea I have emailed the adjudicator and he said he cannot provide me an update. And that I just have to wait. How long was your wait and how recent was this?
Maureen smith says
Sent to fos July last year then adjudicator decision in January, I didn’t accept so ombudsman final decision in March
Oscar says
Mine surely must be imminent then. I sent in July 23rd, passed to ombudsman 11th feb. Still waiting.
Oscar says
How many weeks from when it was passed to an ombudsman to getting their decision did it take?
Dale says
As suspected Sara you are correct, my adjudicator has confirmed they have different ombudsman dealing with different types of cases and different lenders. When my case was referred for an ombudsman decision I was told “about 8 weeks”. It will be 12 weeks on Friday and I still haven’t had my case picked up by an ombudsman.
Sara are the FOS reducing business responses from 8 weeks to 6 or 4? This will shade off time overall for complainants but the flaws run deeper than that. Their processes are outdated, they are too lenient on businesses and the wait times are currently appalling. Do you think it’s fair for an affordability complaint to have been with an adjudicator for 5 weeks (decision was after 2 but business ignored for the following 3 weeks as they know their processes and what they can get away with), then at least a 3 month wait for an ombudsman, then allow the business a month on top to pay if they lose?
Sara (Debt Camel) says
are the FOS reducing business responses from 8 weeks to 6 or 4?
what 8 week period is this?
It would be great if FOS times could be quicker.
Dale says
The 8 weeks businesses are allowed to respond to complaints. I’m sure I read they are reducing that to 4, to allow complainants to bring to the FOS Sooner. It’s no help to me, as I took my case to the FOS July 23rd 2021, and still I’m waiting a final decision. And even at that point I will have an additional 28 day for any payout if I win.
Sara (Debt Camel) says
that idea has been kicking around for several years. I hadn’t heard it was actually going to happen?
Dale says
I have just had an update off my adjudicator. He said the department who allocate ombudsman decision have said “their is not many left in front of mine” and that it should be allocated “within a couple of weeks”. It will be 13 weeks this coming Friday, so I think based on that, the current wait time for an ombudsman decision for car finance affordability cases is 16 weeks. Coupled with the 5 and a half month wait for an adjudicator, the 3 week time frame their decision remains live for before an ombudsman, then the 4 weeks the business then get to pay. All in all cases can quite easily stretch to 1 year from start to finish.
I’ll update with a full timeline once I get my decision.
Sara (Debt Camel) says
and this is why I tell people they can’t rely on getting a swift resolution so they need to look at how to get through this period eg in a debt management plan.
S L says
Does anyone actually have experience with enforcing the FOS decision with the N322A form? FOS has made their Final decision in my favor but after 5 months the broker Tickmill Uk, refuses to comply. I have been asking them almost daily last two weeks to finally comply as they confirmed to FOS they would.
Contacted FOS and FCA, but basically they do nothing.
As I live in the Netherlands, citizens advice and the Law centres will not give me advice. as they only give advice to UK residence
Thanks for anyone responding
Kubilay says
How long did it take for the fos to decide
about 20 months ago, I filed a complaint about tickmill, but there is still no decision
is it possible to talk to you via watsap?
i have some questions I want to ask you
i would appreciate it if you could help me
Kubilay says
I got depressed after reading your message :(
why refuses to abide by the decision
tickmill has consistently provided false evidence to mislead the ombudsman during my litigation process.
Did they commit the same frauds during your lawsuit?
I have read the following decision about you on the fos page
Our complaint is the same.
S L says
Basically it gets worse!
As Tickmill has no valid arguments not to comply to the FOS decision, they are now saying they are terminating my accounts, forcing me to close all my trade positions . I will not do so and I have made a third formal complaint. Of course they, acutally it is Miss Rani Pone, Head of Risk & Compliance who does not respond, ignore all my emails now.
I have put the enitre company in CC hoping that someone will see how outrageoud their behaviour is.
Anyway I am not expecting to see anthing from Tickmill.
Also my only option now is to have the second and third complaint go via FOS as well and wait another 2 years.
before I can take thos FD’s to court then.
Kubilay says
i have read the sample decisions made earlier and I think they can close their accounts
why do you still insist on trading with this company
if you want to continue trading, you should work with market makers
such as xxxxxxxxxxxxxxxx or xxxxxxxxxxxx
tickmill has prevented margin completion before, maybe it can do another trick a few months later
Sara (Debt Camel) says
I have deleted the names of other market makers.
S L says
CAN ANYONE ADVICE ON N322A FORM? – PLEASE?
For instance where should i email or send the Form to?
Its very difficult for me to find the right info from The Netherlands. I emaild the county court, but they don’t seem to respond? Calling them and on hold for 45 min till limit of my international bundle disconnected.
Sara (Debt Camel) says
I’m sorry I can’t. I always suggest someone takes it into their local County Court as this procedure is so little know.
Are you sure Tickhill has assets in the UK? because just getting this form through the county court isn’t necessarily magically going to make them pay you. You may need to instruct bailiffs which means there has to be somewhere the bailiffs can go to seize goods.
S L says
Hi Sara,
their headoffice is located in London. so I suppose a bailiff can go there to claim the money.
But I can find the Form, but nowhere on the form or on the website or in the Forms guidance is mentioned where to send the form to?
If you use the form, were do I send It to. Does it have to be with regular mailpost to the courthouse? Or is there any email adres?
Many thanks if you would have any directions!
Sara (Debt Camel) says
You could talk to National Debtline who you can call from abroad +44 121 227 4780
Daniel says
Hi. Do you have the email address for the CEO of tesco. I won a financial ombudsman case against their finance department on February 11th 2022. They disputed it but the ombudsman wrote back on 23rd to say it was binding. I have spoken to a guy from Tesco ‘Steven’ who is using terrible delay tactics saying he is waiting for the Ombudsman.
Thinking a court letter might be might next option.
Daniel says
Sorry found the email for Ken @ Tesco. I’m not holding out much hope but will probably proceed with the N322A form.
How long is the processing once submitting the form do you know?
Sara (Debt Camel) says
Have you told FOS about this?
Daniel says
Yes FOS are saying they are in communications with Tesco but I’m struggling to see what they are actually doing as it has been over a month of chasing this. I am ringing them again today.
Helen says
Hello,
I have been in dispute with Creation Finance since 2019 over an amount of money which is in credit on my account. They eventually stopped replying to my calls/emails/letters so I went to the FOS.
The adjudicator contacted Creation and got no response, so found in my favour and passed the case onto the Ombudsman who, because of the lack of response from Creation, agreed that I should receive the refund. I accepted the decision on 9/5/22 and was told to give it 4 weeks to receive payment. I never received it, so contacted the FOS to ask what I should do. I’ve now been told ” Creation disputed some of the statements and/or findings from the final decision. Their submissions are currently being dealt with by the ombudsman. ” can they still do this after I had accepted the FOS final decision?
Sara (Debt Camel) says
No they can’t. What does your adjudicator at FOS say?
Helen says
The comment at the end is what the adjudicator told me today “Creation disputed some of the statements/findings in the final decision……” I’ve just emailed them back asking why this is happening now, so just waiting for a reply from them
Daniel says
Re your post and mine above. (May 20th) Tesco did the same thing, said they were disputing the decision. 4 months later after the official binding decision Tesco have backed down and said they would pay.
I would suggest keep in contact with your casework at FOS, ring them if you have the number (should be on the bottom of the email). I would also used twitter and kept ringing Creation, make them want to get rid of you which I did, although I should have started earlier.
Helen says
Thanks for the tip! My adjudicator has replied this morning saying Creation are just disputing the statement that they didn’t supply any documents. The decision is still binding and he doesn’t think I have anything to worry about … fingers crossed
Alki Michael says
Hiya, I have won my case and accepted the decision of the ombudsman and the 28 days passed last week on the 31 June. I have emailed, sent by post and courier all relevant documents to the company and have tried to phone many times only getting as far as the customer services and never to the person dealing with my complaint. I have also reported back to Ombudsman and still have heard nothing at all.
The company is BISL Ltd
PEGASUS HOUSE
BAKEWELL ROAD ORTON SOUTHGATE
PETERBOROUGH
CAMBRIDGESHIRE
PE2 6YS
Company No. 03231094
I would appreciate the diretors details as you mention above if possible to try that route.
Sara (Debt Camel) says
I can’t find CEO email.
Have you tried emailing philip.byrne@bglgroup.co.uk and crexecutiveteam@bglgroup.co.uk, both from the FCA register.
Also email richard.wells-furby@markerstudy.com – Markerstudy own 75% of the shares in BISL.
Also BISL are on Trustpilot, so leave them a very bad review: https://uk.trustpilot.com/review/budgetinsurance.com
and Facebook, so be a nuisance there: https://www.facebook.com/BudgetInsuranceUK/
And as a long shot email richard.wells-furby@markerstudy.com – Markerstudy own 75% of the shares in BISL. And if you use Twitter as MArkerstudy why you aren’t being paid by BISL: https://twitter.com/Markerstudyins
And keep telling FOS.
Sohail says
Hi,
I have a decision in my favour against Close Brother Motor finance I been trying to get hold of them but every time they promise a call back from case handler which never happens . If possible would you please get my email of chief executive please thanks
Sara (Debt Camel) says
was this a final decision from an Ombudsman? How long ago?
Sohail says
Hi,
Yes a final decision from ombudsman it’s been 3 weeks .
Sara (Debt Camel) says
ok, well I suggest you wait another week – FOS allows people 28 days to pay.
Fiona says
Had a decision by Ombudsman 21/01/2021, the amount was for £58512.00. the firm agreed to pay this on or before 24/12/2021. They did not! The FOS have been useless and instead of the FCA putting these guys in default they have stated we need to take court action via N322A. In the Co concerned defence to the FOS they claimed that the PI Insurer paid the money, it was put directly into their business account and was swallowed up by the overdraft! The FOS is willing to believe this rubbish but the guy who helped me get the decision says that the FOS do not ask for proof just accept what these people say. He also said that this is not the way PI insurers work, the Company would have had to pay about £13500.00 out of own pocket for fees and other misc, so they would not have sent the full amount anyway. My problem is that I live in England and the company concerned is in Scotland. The main director has resigned in January and they are no longer responding to emails. Can I use an English court, or will I have to use a Scottish one? Bearing in mind that I am more than likely going to have to make Ltd Co insolvent to place them in default and get my money through the FSCS?
Sara (Debt Camel) says
the guy who helped me get the decision
Is this a claims company?
Fiona says
Sorry, no just an advisor who had helped me before!
Sara (Debt Camel) says
what sort of complaint was this?
Fiona says
It was a secured loan that was sold in 2017. They had consolidated (amongst other debts) a DMP that was ‘interest free’ . my advisor said that they should not have taken a debt with no interest, to an interest bearing secured loan without negotiating reduced payments to offset future interest payments. The ombudsman agreed.
Sara (Debt Camel) says
I think you should talk to this adviser about your current options. If they can’t help, talk to your local Citizens Advice.
Stephen Harrison says
I am expecting an FOS FD any day now. I have had 2 PD’s in my favour. Both PD’s specified “Money Awards”
I do not expect my IFA will pay because:
He has had 2 upheld FOS decisions this month.
He had 8 in the last two years.
Behind my case at FOS I personally know 4 more complainants.
The FCA put an “Asset Retention” on the firm.
My question is:
Do I use N322A which I understood to be for a non/money award, or N322B which is for a money award?
As mine is a money award I believe I should use N322B, however the notes above mention only the N322A.
Thanks
Sara (Debt Camel) says
To the best of my knowledge it is the N322A form – see https://www.lawgazette.co.uk/practice-management/enforcing-financial-ombudsman-decisions/5041981.article. As that article suggests, you may not find this straightforward.
Dom says
I had complained about Moneyboat with the Ombudsman. The Ombudsman made a final decision back in April. Moneyboat are ignoring the Ombudsman. I’ve tried to call them myself and got nowhere. The Ombudsman has said they have a few cases with Moneyboat and they’re ignoring them on those cases too. Anyone else had these issues with Moneyboat? Is there anything I can do?
Sara (Debt Camel) says
Oh I hadn’t heard this.
Dg says
Do you possibly have the ceo email for Moneyboat (Evergreen).
Sara (Debt Camel) says
I am afraid I don’t.
Sunny Odunsi says
The adjudicator awarded in my favour in a case with Alpha solution 7 or Secure Trust Bank (who sold the loan). The first part was to reduce the balance on my account and also to remove every negative item on my credit file which included a default. They removed the default but added i was in arrears by 6 months. I have since been battling with the company as the Adjudicator for 3 months has not replied to me. I wrote to the Credit reference agencies and they went to the company involved and the company said what they have done was to back date the arrears and because they could only report the Arrears for six months they decided to just write i was in arrears for six month so the credit reference company said they cant do anything. I have kept making my payments but they have not complied with the decision by the Adjudicator. What else can i do.
Sara (Debt Camel) says
talk to your adjudicator. They may tell you to put in another complaint – these sort of “they haven’t done what you told them to do” complaints get handled pretty fast at FOS. Also say you will be asking for compensation if it has to go to FOS again.
Kay says
Hi Debt Camel,
so I’ve received an ombudsman decision and the credit card company has been instructed to repay all interest that I’ve paid. The redress was applied and it looks as though the credit card company is only refunding me proportionate interest. Which of course is far less than what I’ve paid to them in interest over the years. Are they allowed to do this? I’m so confused by the technical terms used in these cases but if it gets to a point that i should apply for an enforcement order I will take that step.
Sara (Debt Camel) says
company has been instructed to repay all interest that I’ve paid.
Can you copy & paste here the exact Ombudsman words about the refund?
Kay says
” In regard to the “Aqua Account, NewDay Ltd Should; refund all the interest Miss H has paid as a result of the credit limit increase in February 2017
refund all charges applied from February 2017 onwards”
Sara (Debt Camel) says
Well that could have been better worded. But go back to NewDay and point out the decision say “refund all charges applied from February 2017 onwards” and that it does not say refund all charges for balances over a limit.
Kubilay says
Dear Sara Omdustman concluded my case in my favour, but I don’t know how to calculate in accordance with her recommendations.
I need an expert on this subject to calculate my loss, can you please help me find an expert?
If you send me an e-mail, I’ll e-mail you the decision.
Sara (Debt Camel) says
I’m sorry I can’t suggest who you should talk to.
Steve says
Please could you copy/paste the “putting things right” bit, without any personal info.
If there are benchmark calculation to be worked out, I might be able to help/put you in touch with someone.
If it’s to do with SIPPS etc, then it’s beyond my pay grade.
If I can help, I will.
Sara (Debt Camel) says
it’s a complaint about a forex trading broker
Kubilay says
As I don’t think Mr O should have been allowed to trade as a professional client, I have
thought about how we could put him back into the position he would have been in had his
professional client application been declined.
From everything I’ve seen, I still think Mr O would have continued to trade with Tickmill as a
retail client. And I’ve seen nothing to suggest he wouldn’t have traded with similar frequency
and interest in the same instruments.
Putting things right in this set of circumstances has been discussed at length above – the
points I have considered shape the spirit of this redress direction and should be kept in mind
by both parties when calculating redress. Fair compensation shall be the difference between
the losses Mr O did make, and the losses he would instead have made as a retail client.
Where there is a difference, this ought to be paid to him. But there should be no interest on
any compensation sum given the nature of the trading. Lastly, if Mr O’s account is still active
Tickmill ought to reclassify him as a retail client.
My final decision
For the reasons explained, uphold Mr O’s complaint and direct Tickmill UK Ltd to
compensate him as set out above.
Under the rules of the Financial Ombudsman Service, I’m required to ask Mr O to accept or
reject my decision before 7 October 2022.
Sara (Debt Camel) says
And I’ve seen nothing to suggest he wouldn’t have traded with similar frequency
and interest in the same instruments.
I suggest you go back anD ask if that is a typo and should have read “he would have traded”
I don’t see how anyone could work out what your refund would be with either version though.
Steve says
They are saying you should not have been classified as a professional client, but you would have qualified as a retail client.
This means that you are and have been allowed to claim.
Professional clients would not have won at FOS.
The FOS believes you would have still traded regardless of your categorisation.
Is there anything in your FD that is above what you have copied/pasted?
Perhaps a list of trades, etc?
If not go back to the adjudicator, or get legal advice.
Congratulations on your victory (so far).
Sara (Debt Camel) says
I’m sorry but I won’t pass people’s emails on, nor will I let someone publish their email and phone address here.
Kubilay says
dear Steve I would be very happy if you share a website where I can make calculations.
Steve says
This link is really for businesses to use to calculate compensation. However, there is no reason why you cannot have a read and perhaps get your own calculations.
https://www.financial-ombudsman.org.uk/businesses/resolving-complaint/understanding-compensation/compensation-investment-complaints
More specifically see:
For businesses that receive few complaints, it may be easier to pay a company to do the calculations. Professional membership bodies like PIMFA or the Institute and Faculty of Actuaries might be able to help you with suggestions on who to use.
https://www.pimfa.co.uk/
https://www.actuaries.org.uk/
Best of luck.
Kubilay örnek says
Dear steve is there any other website you can recommend I contacted these sites you suggested but they could not help me
Steve says
Merhaba! Gunaydin.
My only other suggestion is find a good honest firm of IFA’s that you can tell your story to, who might just be willing to assist you for free, or a very nominal charge, or even a small donation to a charity that they support.
Good luck.
Steve
Steve says
I have just read your full decision on the FOS website.
Your Ombudsman has even suggested that if you are unhappy with Tickmills calculations, you may go back to her with the reason(s) why you are dissatisfied.
That is pretty useful.
It also appears Tickmill have suggested circa $54,000 as redress.
I would use some of that redress (that you will get) to fund a professional to assist you if and when Tickmill have given you their calculations.
Your decision is pretty good and you have argued your case very well.
You must try and move forward and not think about anything other that what the Ombudsman has decided.
Your complaint has been upheld, now only concentrate on the highest amount of redress that the Ombudsman believes Tickmill should pay.
Congratulations
Kubilay ÖRNEK says
Dear steve omdustman gave tickmill about 4 weeks to do the calculations but tickmill still hasn’t done the calculations I keep trying to contact them but they keep ignoring me
Sara (Debt Camel) says
Get back to the Ombudsman
Kubilay Örnek says
Dear sara
I contacted my omdustman as you said but he advised me to apply to the court to enforce the decision, what should I do next?
Shouldn’t the omdustman use its compulsory jurisdiction to enforce the decision?
Sara (Debt Camel) says
No, FOS cannot do that. If FOS has told you to apply to the court, the article above explains what is involved. If you want help with this, ask your local Citizens Advice or a Law Centre
Steve says
You now need to get professional legal help.
Lawyers may help for a fixed fee, or even a no win no fee percentage. Negotiate.
Also, put pressure on the FCA to encourage the IFA to pay.
Email Kevin Smith at the FCA.
Email Therese Chambers at the FCA.
These two are the right people.
Good luck
Andrew says
Hi , I am considering escalating a case to the ombudsman regarding what I believe was irresponsible lending; however the first FOS assessor rejected this. I have asked to escalate to the ombudsman however I understand this is legally binding agreement – Should the case be rejected by the ombudsman themselfs can the loan company then use that to enforce the amount they say I owe Example enforce bailiffs. thanks
Sara (Debt Camel) says
an Ombudsman decision is legally binding on the firm, not on the customer. You can if you want go to court if you lose a case at the Ombudsman level (NB I am not recommending this – come back and talk if it ever gets to that point.)
Bailiffs cannot be instructed unless the creditor has first obtained a CCJ through the court – you losing an Ombudsman case is not a substitute for this.
If you think the credit was irresponsibly lent, there are no disadvantages to you choosing to ask for an Ompbudsmna to look at it.
Andrew says
Thank you – Always heldful and helped me win many cases.
Ashley says
Hi, DAS insurance owe my wife £370,000 from a quantum assessment ordered by the FOS. They have now had over 50 days to pay and are wanting the court paperwork to checkout information. The court paperwork is vast. It took a year to finish the quantum assessment. They are just dragging the system to a halt. They have not requested more time to FOS. I have now started court proceedings against them. Can I involve the press or some other means of causing them a great deal of embarrassment. The whole case since they gave my wife bad advice has now lasted over four years.
My wife has PTSD because of the actions of the case. She is suffering immensely due to the fact they now won’t pay and the prospect of thus dragging on indefinitely. Any advice on embarrassment tactics please or CEO email Tony Conram who is very much involved thanks
Sara (Debt Camel) says
can you say something about the case? because that will affect which press may be interested in covering it.
Steve says
Try contacting any financial journalists.
http://www.ftadvisor.com has some great people who may be interested.
Don’t forget your MP.
Don’t waste your time with the Select Committee.
Try Therese Chambers and Kevin Smith at the FCA.
Good luck
Kubilay örnek says
Dear steve how can I reach the people you mentioned from fca can you write their e-mail addresses ?
Steve says
Kubilay
I don’t mean to appear unhelpful, but what have you done to try and obtain these email addresses?
Have you phoned the FCA and asked for them to assist?
Kubilay ÖRNEK says
I sent them an e-mail message explaining the situation and I still haven’t received an answer, but I can imagine the answer I will probably get, so I think that the people you mentioned might be able to help more
In addition, it is really difficult to find a lawyer for my case, the lawyers I have spoken to so far usually come to me with the offer that they can get it through mediation, the company I complained about did not even go for omdustman mediation.
Ashley James says
Hi the situation today is just the same DAS insurance won’t make the payment of 370k.
They are trying to take over the final decision and review all the thousands of documents their top solicitor has done already. The case is finished they agreed to absolutely everything. They don’t want to pay the amount and think they are above the law. They would argue black was white.
The FCA are not able to help. MP is on with it. Enforcement action too is extremely slow moving.
This is DAS insurance who brag they are first for justice. Any more suggestions?
Ashley says
Thanks for the link I have a template letter already made out ✅
Kubilay örnek says
Dear steve Tobias and I have met once before and I thank you for your help.
Steve says
How is it going with Tobias?
I would expect that if he completed the N322A you would already have a CCJ against the firm.
If that’s the case, get a bailiff to get their bank account closed.
Best of luck.
Kubilay ÖRNEK says
The problem isn’t filling out the n322a form. If the problem was just filling out the n322a form, I’d do it.
The main problem is that omdustman does not write a net amount in my Fos profit, so first of all, my loss rate needs to be calculated in such a way that the company I am complaining about cannot object.
Steve says
This is usually the problem. The court cannot accept that the FOS do not do the calculations, but they decide on a formula and tell both parties to sort it according to the formula.
Can’t Tobias find an independent actuary to write up the award?
He told me it could be done for me and would cost about £200!
Good luck.
Kubilay ÖRNEK says
The person Tobias will find is irrelevant because the company you are complaining about will object to the calculation on the grounds of conflict of interest. Therefore, the best way is to have an expert appointed by the court.
Hannah says
Hi… I have a claim upheld by the FOS which has been agreed by a loan company. Payment was due within 4 weeks (final date for payment is in like 3 days!!). I’ve just found out that said company have entered administration. What are my options for getting the redress I am due now? Am I at least considered a secured creditor? Thank you!
Sara (Debt Camel) says
Is this Safetynet credit?
Hannah says
Yes, unfortunately it is them.
Steve says
Contact the FSCS and discuss the situation with them.
Best of luck.
Sara (Debt Camel) says
the FSCS doesn’t cover consumer credit lending
Nikki says
Hi Sarah do you know the CEO email address for 1plus1 please?
Many thanks
Sara (Debt Camel) says
why do you need it?
Nikki says
I have had my irresponsible lending case upheld by an ombudsman final decision for £10,000 I have read that 1plus1 are notorious for not responding
Sara (Debt Camel) says
how long ago was it upheld?
nikki says
hi
it was upheld 36 days ago now and they have been a nightmare not answering emails or complaints they have not been responding the whole way through
Sara (Debt Camel) says
I assume you have told your adjudicator about this?
do you still owe a balance on this loan?
I suggest you tell the FCA – they won’t investigate your complaint and get back to you but this will be passed on to their Supervision department which hopefully 1plus1 will hate.
So email consumer.queries@fca.org.uk and copy this to compliance@1plus1loans.co.uk
Subject: 1plus1 has not paid me redress after a final FOS decision
Give your name, address, 1plus1 customer number and FOS reference number.
Give a very brief summary of your complaint – no more than a couple of sentences.
Say this has been upheld by an Ombudsman in a Final decision. Attach a copy of it to your email.
Say if an FCA authorised firm cannot payout on FOS FDs within 4 weeks, they should have to stop trading as either they do not have sufficient working capital or they are failing to staff their complaints function adequately. Ask for this to be passed to the FCA’s supervision department.
nikki says
Thank you so much sara
Nikki says
Hi Sara
So I have received one email back literally just stating I will be paid the redress by the 5th April that’s literally all they said.I haven’t even received the settlement figure, does this usually happen?
Sara (Debt Camel) says
There isn’t any “usual” in these cases as there as so few of them. Fingers crossed the money arrives by April 5
Mike says
Hi
I made an irresponsible lending claim to NewDay across multiple cards and they’ve upheld some of the complaint for some of the cards but only on certain credit increases. If I go to FOS, is there a potential I could end up with a worse outcome?
Thanks.
Sara (Debt Camel) says
In theory the Ombudsman can make any decision.
In practice, the Ombudsman starts by saying – well the lender has agreed this was unaffordable, so let’s look at the rest which they say is affordable.
The only time someone “loses” an offer is where the lender has said it was all affordable but we are sorry you made a complaint and were unhappy so here is a £40 goodwill offer.
With a situation where some increases have been upheld it is important to argue to the Ombudsman that from that point NewDay should be refunding ALL interest, not just that charges on the amount over the old limit.
And also of course that the previous increase was also unaffordable.
Joanna Clark says
I have had a final decision from the ombudsman against Vivid Homes, I can see the CEO and board of commissioners but there are no email addresses.
They have not responded to the points set by the ombudsman, they are now out of time, however I want to make the bigwigs aware of this.
Thanks
lin says
Hi Sara,
Can you please help. Do you have the email for the CEO of HSBC? We have a final FOS Decision in 2012 with HSBC producing calculations in 2014 which is not in accordance to the agreed Final decision on a missold pension mortgage arranged by Midland Bank. HSBC effectively has recalculated 3 times and not use our actual mortgage pension payments in comparision to a repayment mortgage. FOS Mr Milne is not helping with a second direction which effectively is saying just use the pension payments only in his example. Thus the actual pension interest and life insurance payments attached to the pension mortgage payments are not accounted when a would be repayment mortgage would have been paid off.
In 2016 HSBC replied that our documents will be reviewed but we are still waiting. In 2017 another letter from another manager states it will cease to communicate on that but the PPI redress is still available. 20/4/2023 lately a reminder that the redress offer remains unchanged while we are still awaiting for a proper redress calculation. It is impossible when they refuse to communicate or justify their figures despite evidence of actual payments.
Am thinking of informing FCA. I note an email above. Is there a contact person best for their attention? Thanks
Sara (Debt Camel) says
This is the mail for complaints on the FCA register jackie.uhi@hsbc.com
lin says
Thanks a lot Sara.
Will send her an email.
I note with interest the form N322A. Is there a time limit to apply the form – like the 6 year rule from the FOS’ final decision?
Thank you
Sara (Debt Camel) says
Not that I am aware of.
lin says
Great thanks a lot Sara
Han says
I won the FOS final decision, but the firm refused to pay. Now I am applying for enforcement by the court.
However, I am now not in the UK and my address is abroad.
Can I use this foreign address when I send the court form to the UK?
I understand the court will issue the enforcement notice and send it back to my address, and then I will have to send it to the firm, so I am just curious if it is ok to use my current foreign address or if I have to ask someone in the UK to receive the court mail.
Please share me your wisdom!
Steve says
I used a relatives U.K. address. Can you use someone you know who is based in the U.K.?
Alternatively, try phoning the Court and ask their advice.
I used Cardiff Court, no where near my relative, but it was the Court closest to the firm that did not pay.
The Court staff were extremely helpful.
I did get paid quite soon after the Court issued the date for Hearing.
I wish you the very best of luck.
Phil says
So I’ve won the complaint and the ombudsman has given them 4 weeks to do everything they are told do do.. Their 4 weeks are nearly up, I’ve heard nothing off them at all during this time.. I’ve contacted my adjudicator and he said the 4 weeks rule is just for a reasonable time frame for them to settle the complaint.. I thought the 4 weeks was set in stone?? and they had to stick within the 4 weeks
Sara (Debt Camel) says
who is the firm?
Phil says
Everyday loans it went the ombudsman before the scheme of arrangement was put into place.. I’m just worried I’m not going to get paid out
Sara (Debt Camel) says
What is the date of the Final Decision from the Ombudsman?