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)
Phil says
2nd of May was the ombudsman decision, I emailed el and was told by them that because the complaint went to the ombudsman before the 17th March, it wouldn’t fall under the scheme of arrangement and any redress would be paid by them in full..
Sara (Debt Camel) says
That is correct.
The 28 days is not set in stone, and EL have said they will pay you. I suggest you go back and tell your adjudicator what is happening. Come back here if nothing seems to happening in a couple of weeks.
Phil says
Thankyou Sara I told my adjudicator and he’s emailed them to see what’s happening.
Steve says
Hi – I have a case against Barclays which has a final decision however they have failed to comply.
They have basically ignored me from the start and now doing the same to the Ombudsman service, the 4 weeks is up so have emailed the Ombudsman service to advise and next steps and also raised a complaint to the CEO Barclays directly.
I will be looking to complete a N322A form if i dont get anything else back and it settled in 14 days as feel thats more than fair and will look to bring to the attention of local and national media.
I would like to know how much i can also claim for or sue due to the emotional stress and impacting my mental health as i’ve lost weigh due to all of this and cant sleep.
Sara (Debt Camel) says
The complaint to Barclays CEO – was that by email?
Do you know how much money they should be paying you? because you need to calculate the amount to go to court to try to get this enforced.
Steve says
Yes it was sent today to cs.venkatakrishnan@barclays.com so currently waiting for a response. A copy of the Ombudsman’s Final Decision was attached
I have all my statements so have calculated it to be around 1.5k without the 8% which i would need to add however would also like to add additional for my time dealing with this and the stress this has caused.
Barclays have pretty much ignored myself and the Ombudsman service.
Sara (Debt Camel) says
if you go through the N322A procedure you cannot add any more.
An alternative is to go back to the CEO and that you consider Barclays have handled this complaint very poorly, with a consistent lack of communication with yourself and with the ombudsman. Say that you consider that by delaying paying you your compensation, Barclays are in breach of the new Consumer Duty because they are failing to provide a good journey for a retail customer.
If you have priority debts, credit card or other expensive debt that you could clear with this refund, add this.
Say you would like them to compensate you for this delay.
Steve says
Thanks – Will do as currently still waiting on a reply from the CEO.
The ombudsman service have come back to advise they have been in contact with them on several occasions over last few weeks so they are going to see if they can get an update too but didn’t state what the communication was about so would have thought if they were going to fail to meet the 4 weeks the minimum they would do is state they x time to fulfill the request and not just ignore me.
Will keep you posted and thanks for the advice.
Sara (Debt Camel) says
Fingers crossed.
If there is no progress in a couple of weeks, let me know and I’ll suggest how to inform the FCA about the delay.
Steve says
The CEO office have refused to respond or even acknowledge my complaint , the ombudsman service have also advised they have failed to respond to them and they have now raised to the service’s operational contact for Barclaycard.
If you can advise on the FCA complaint route and further advice on the legal route to recover this money that would be appreciated as happy to apply for a judgement and instruct bailiffs if needed, in addition I will also look to share my story with the local and national media as disgusted how Barclays have conducted themselves for over the last year showing a complete disregard.
Look forward to your response.
Sara (Debt Camel) says
ok, well I would suggest pushing harder before going to court which is a hassle and you have to calculate the exact number and you cannot ask for compensation…
So I suggest you do 2 things.
1) email the FCA
Email consumer.queries@fca.org.uk and copy this to wandim.execcomplaints@barclays.com and cs.venkatakrishnan@barclays.com
Subject: Barclays has not paid me after a final Ombudsman decision
Give your name, address, a Barclays 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 this was more then 6 weeks ago and despite you contacting Barclays several times they have not even acknowledged that they will be paying you.
Say that failing to pay a customer after a FOS Final Decision and ignoring your contacts about this is very poor complaint handling and a breach of DISP 1.4.4 and of the new Consumer Duty.
If you are in financial difficulty, describe this (don’t exagerate. Barclays are in the wrong here even if you are a millionaire!)
Say you will be starting a new complaint about their poor complaint handling and asking for compensation, but you thought the FCA should be aware
Ask for this email to to be passed to the FCA’s supervision department.
——————————————————-
2) send a new complaint to Barclays
Email wandim.execcomplaints@barclays.com
Title – very poor complaint handing and a breach of consumer duty
(You are not complining here about the original problem – that has been decided. You are complaining about Barclays complaint handling.)
Give your previous complaint reference number and attach a copy of the FOS FD.
Detail the attempts you have made since the FD to get Barclays to respond to you.
If Barclays was also very slow in responding to the ombudmsn (eg did they never respond to the adjudicator decision?) mention that too.
Point out that Barclays has been in breach of DISP 1.4.4 and, after July 30 they have also been in breach of PRIN 12 “A firm must act to deliver good outcomes for retail customers” .
If you are in financial difficulty, describe this (don’t exagerate. Barclays are in the wrong here even if you are a millionaire!)
Ask for the FD redress to be paid as soon as possible and for £500 in compensation for the poor complaint handling.
———————————————————-
I made up the £500. There is no standard at the moment for what you can reasonably ask for.
Let me know how this goes!
Steve says
Thanks for the response and i have actioned both emails as advised – I will keep you updated.
What is a reasonable time to wait please?
Sara (Debt Camel) says
Barclays isn’t going to go into insolvency. What is the urgency here?
Steve says
Hi Sara
Just to advise i haven’t received any response or acknowledgement as yet and this is now coming into the 3 week since i sent the above emails as advised – Just wanted to check if i need to do anything else or how long you recommend i wait please?
I thought they had to at least acknowledge a complaint however they just have ignored it?
Thanks
Steve
Sara (Debt Camel) says
Send your new Barclays complaint to the Ombudsman at 8 weeks.
Steve says
I have been dealing with them and their tactics for over a 2 years from the start of this journey and it has all become tiresome , emotionally and mentally draining that a company can treat customers past or present in this way.
It’s good to understand what is reasonable as I don’t want to still be talking about Barclays or emailing and chasing them in 12 months time however I’m happy to wait what is a reasonable timeframe but at the same time if I hadn’t applied the pressure as I did previously I would still be waiting for my DSAR information and all other correspondence as they have purposely dragged their feet and shown complete disregard to in the process to myself and ombudsman service which I feel is inexcusable for a company this size to think they can get away with this behaviour.
Ray says
Hi Steve, did Barclays pay you in the end?
Steve says
Hi Ray
They have continued to ignore me and ignored the emails i was advised to send along with disregarding the Ombudsman service so i think legal action is what i’m left with and then instructing bailiffs to turn up at their head office if they dont pay.
I have interest from Sky News and some local media outlets too but asked them to wait before being interviewed regarding my story as i hope this will bring others forward as i wont be the only one.
Steve
Ray says
Was it for a large amount, Steve?
Steve says
I worked it out as 1.5k but then the 8% to be added so probs more around 2k plus i would say
Steve says
Good news – Received the funds for 2.5k today after a long fight with them, i still have my 2nd complaint which they advised was the same as the first so corrected them and advised they needed to deal with it so if not will refer this to ombudsman as how they have conducted themselves has been disgusting, also they missed a card off the first calculation so had to get them to re do it.
Thanks to the team at debt camel for the advice as a combination of the above advice with exec team, FCA etc and advising them sky news were interested along with the Martin Lewis show seems to have got their attention finally.
If you need a number for their exec team its 0247 684 2058 as they keep this information off websites which again is another tactic to stall and delay.
Craig says
Hi Steve,
I am very glad to hear you managed to get your case resolved, I am in a very similar situation to yours.
Do you mind if I ask, was your case resolved in the first instance by a case handler at the FOS or did the bank or yourself have to take it further with a ombudsman directly, I ask because it sounds like they were constantly ignoring and trying to delay your payment.
Thanks,
Craig
Steve says
Hi Craig
I had a long battle with this one over 2 years as they made it difficult for me with my DSAR request in the first instance and then originally they rejected my complaint advising it was time barred due to being over 6 years however I referred this to the ombudsman service who overruled and advised it was in scope.
Barclays then ignored the adjudicator, so it had to go the ombudsman which they ignored the ombudsman, so it then went to legally binding decision.
Barclays then had 4 weeks to resolve however they ignore that so had to go back to ombudsman service and used debt camel who have been great, so it took 10 weeks once the heat was turned up.
Barclays have just come back today and offered a further £200 due to the poor level of service and acknowledged this was not to their high standards and claim to of had a major fire in their document Centre in June which prevented correspondence from the ombudsman service. (I’m unsure if I believe the explanation as sure they didn’t ignore anyone that owed them money, I personally feel this was a stall tactic due to everything they did from start to finish over the 2 years and probably rely on people giving up however just keep going is my advice).
Hope this helps you and others by sharing my story and thanks again to the team at debt camel.
David says
Hi, I have been award redress from the FOS regarding irresponsible lending from MotoNovo Finance.
It has been over 4 weeks now and they have informed the FOS that they don’t agree and will not be paying.
OK, I know I can force this in the County Court, anyone had to do this?
Thanks.
Steve says
Once I commenced legal proceedings and the Court issued a date, my IFA decided he might as well pay as he had no chance of getting a result.
Just make sure you have official redress calculations. This is the hard bit, but most FCA regulated companies can help with this.
It’s just a very simple percentage that no one can argue with.
The FOS will now be polite to you but they will not do anything, so don’t waste a minute even corresponding with them.
Go to the top of the FCA and your MP.
Best of luck
Toby says
On 10th August 2023 the finacial ombudsman went in my favour and contacted Moneybarn to tell them what he thought they should do to rectify the complaint, this was to pay any over payments I’ve paid on my car finance, end the agreement and transfer ownership of the car over to me (as I’d paid back more than the original finance amount) and remove any negative information on my credit file. He gave them until the 24th August 2023 to respond.
On the 23rd August 2023 the ombudsman contacted me to say that Moneybarn had agreed to his terms of settling my account as he had requested them to which I also agreed to as it was the solution I was looking for. He then gave them 28 days to get back to me and settle the account with me directly which would have been 20th August 2023.
Moneybarn have made absolutely no effort to contact me at all, my account is still active and they’re still trying to take payments from me, they’re still negatively updating my credit file with missed payments and have said they’re going to default the account! I’ve phoned them directly, but no one seems to know what’s going on as all they’re seeing in there screen is an account with missed payments, I’ve emailed the complaints team to get no response at all from them. I’m pretty much just left in limbo at the minute. My online portal is still open as an active account so looks like no attempt at all has been made to settle the account as they have agreed to do.
Is there anything I can do now?
Sara (Debt Camel) says
On the 23rd August 2023 the ombudsman contacted me to say that Moneybarn had agreed to his terms of settling my account as he had requested them to which I also agreed to as it was the solution I was looking for. He then gave them 28 days to get back to me and settle the account with me directly which would have been 20th August 2023.
Do you mean the 20th September?
Have you told FOS that Moneybarn have not been in contact?
Toby says
Apologies yes, I did mean the 20th September. I have informed the FOS they’ve not been in contact. He’s basically told me there’s no reason why they shouldn’t have and that he’s emailed them again asking them to get in contact with me, that was the day after the 28 days they were asked to respond to me. It’s now been a week since he’s sent that email and still nothing. I’m just a little baffled that they’re ignoring a FOS decision even through they’ve agreed to the terms set out to them to settle the case?
Sara (Debt Camel) says
I think they may be busy dealing with a lot of complaints…
I know this is infuriating, but this is early days. Come back here if there is no progress in another few weeks.
Toby says
Hi Sara
I understand they may be busy, but they’ve made no attempt to even acknowledge the complaint that they agreed to the terms of that the FOS set out to them. They had 28 days to contact me to settle the account after the deduction, and I’m now on day 37 with no contact at all, not even to acknowledge they may be busy and will deal with it in due course!
Is there any other contact details you may know of so I can get in touch with them? The complaints emails never get responded to and the call handlers have no idea at all of what’s going on, all they see is an open account that’s in arrears.
I feel I need to stay on them my end, I know you’ve mentioned it’s early days but this has been going on for 11 months now, I’m literally at my wits end with the lack of communication/information I’m receiving.
Sara (Debt Camel) says
There are other things you can do but they will all be more effective in a few weeks time.
james says
HI debt camel
i recently won my case with the Ombudsman against Money barn they mis-sold me a car that wasn’t fit for purpose. The Ombudsman gave them and me a final decision. Money Barn agreed to it i have waited 4 weeks as agreed by the ombudsman and Money barn have refused all contact. No word on their car being picked up or the compensation they owe. nothing no phone calls letters emails i have contacted them to arrange dates fr the car to be picked up and they refuse to tell me anything saying they can’t discuss this nor can they put me through to complaints as complaints dont talk to the public. i live in scotland so i think the courts are a little bit different in scotland. there 28 days i believe are up today yet nothing still and the ombudsman says they can’t do anything. whats the point in organisations that won’t work ever when i win my case at the FOS. I was advised by the adjudicator its a waiting game. i have read people say it can take 8 weeks a year or more this is so frustrating i won my case how can companies ignore a ruling like this and force people down a hole with more money (court fees) and time lost.
After my experience i believe the FOS need more teeth to punish these companies plainly sticking two fingers at the ombudsman they either have to obey the ruling or whats the point in ruling. if any one can help a disabled man sort through the scottish court to enforce this ruling i would be most grateful. hit me up at my email address.
Sara (Debt Camel) says
Let me know if this hasn’t been sorted in a couple of weeks. This is still early days, tho infuriating
Ramona says
Same situation here with Moneybarn,I just can’t believe what’s happening.
Steve says
Issue a claim in their local court asap.
You will automatically win and they will have an immediate CCJ. If they then don’t pay within 28 days, the CCJ is there permanently.
Very easy, but you need to thoroughly establish the actual amount they owe.
Don’t waste time with FOS or the debtor.
Also get your MP involved and the FCA and anyone from the financial press.
Good luck
Sara (Debt Camel) says
If you are replying to James, I suggest you don’t try to give advice unless you are familiar with the Scottish court system, where there is no such thing as a CCJ…
james says
Hi Sara
Yes that is correct we don’t have CCj we have Decrees what ever that is. The scottish system is so weird english system much simply better and easier to use. ill hire a lawyer monday if i find one.
Sara (Debt Camel) says
No really don’t do that. What a waste of money. This will get sorted. If it doesn’t I will get you some advice from a Scottish expert.
james says
Hi Steve
thank you for the reply i can’t do that i have no idea how i have to find a lawyer that does civil cases rare thing in glasgow. the fos made a final decision and the 28 days are up now so i will take it to the courts when i find a lawyer thank you steve,also being disabled its hard to get about without a car now. but i will write to the FCA and my mp and msp
james says
Hi Sara
Respectfully i don’t understand what you mean early days this is finished. Money barns days or 4 weeks or 28 days given by the FOS have ended there for it seems it’s down to me to force my situation in to the courts in scotland something not easily done one they scare me and to i’m Disabled and finding my way around forms like these worries me. i will get in contact with citizens advice Monday morning. i have read your site in filling in form N322A i don’t know yet if thats the same for scotland as some laws up here are different. i thank you for your reply and so quick to. i shall soldier on and see what comes of this.
Sara (Debt Camel) says
By “early days” I mean that Moneybarn may well still pay in the next few weeks.
My suggestion is to wait a few weeks and then email the FCA, copying Moneybarn in. I can suggest wording at that point.
Your local Citizens Advice may know what the Scottish equivalent of the N322A form is. In a few weeks I will try to find out.
james says
Hi everyone
i thought i would leave an update The car i have been Mis-sold which Moneybarn refuse to pick up was now supposed to be picked up in MAY when i rejected it ever since then they have refused as most will know the FOS disagreed i waited my 28 days and they did nothing (by they i mean FOS) when money barn let the days go by all 28 and did nothing. this seems silly to me that Money barnn can just go past the 4 week or 28 days threshold and do nothing .
Well we are 40 days plus in to this and i was supposed to get this mis-sold car taken today. However that never happened and still i see no punishment for Money barn. it’s like there playing stupid games. these games are chilish and unhelpful i fail to understand why if you win your case the fos don’t see it through to you getting anything resolved my FOS person told me they looked at the case and i won that money bran agreed to the settlement and she moved on. well i thought i would see the back of this car today and yet no the transport failed to appear and moneybarn are no were to be seen or answer a phone. i will go back to the FOS and report this wasting yet more time and effort trying to get another date. i am disabled and i have to say this is really affecting my mental health and how money brn can get away with this behvior in the UK stuns me.
Ray says
Hi Toby, this happened to me with a different lender – they agreed to the assessor’s decision and then their underwriters said it had to go to a final decision before they would pay out. If you explain to the assessor the impact this is having on your mental health, and ask them whether there is an ombudsman available who can look at it sooner rather than it getting pushed to the back of the queue, you might have some success. Moneybarn won’t budge from their position no matter how hard you try to persuade them, because the area of the business that pays out will be insisting on that final decision. You can ask for compensation for them setting your expectations and then letting you down. But the energy you’re putting in to trying to get them to honour what they’ve initially said will just be wasted and add to your upset. It’s not legally binding at the assessor stage so they can do this to you, even though it’s horrible and wrong. At this stage it’s just informal mediation.
Toby says
Thanks for the response Ray, this kind of makes the whole situation make a little sense now to be honest. Just a pain I’ve been left to chase for answers and find them elsewhere rather than them actually talking to me and telling me what’s going on.
james says
Hi Toby
i am sorry to say i have been going through the same thing with money barn, Sara on here has been brill. i was being ignored but UPDATE they ignored me all the way through the FOS process and even agreed to the agreement and compo. they have now paid the small amount of money awarded for Distress and inconvience. however they seem to be refusing to pay the money i spent getting the car which they have been ordered to pay back its not looking good right now but i cant take court action as they paid the compensation part so its wait and see game for now .as the FOS have not teeth or legal way to go after them to force payments seems like a silly scheme to me if it cant get you a final payout. the FOS say there hands are tied so i have contacted the ceo of the FCA go a reply from him or his people to be fair. i am also in contact with my MP as the FOS and th FCA are both responaible to commitees in parliament and he wants answers as to how they can treat customers like this after an FOS decision
Janet Dixon says
I had a dispute with Halifax (trading as IWeb). I was successful in winning my case with the FOS (Financial Ombudsman Service).
But Halifax / LLoyds refused to comply and tried to impose a much inferior offer.
Encouraged by this website I used the form N322A to apply for a court order.
The application has to be filed in the defendants local County Court. (Easy enough to find)
The Huddersfield County Court we’re very efficient with my application (1-2 days). They issued and sent the Court Order directly to Halifax. I was very surprised with the speed and efficiency. It appeared from the paperwork that Halifax might of had 10 days to respond, so I stayed silent.
After just over 2 weeks, having heard nothing, I wrote (by registered post) and blitz emailed Halifax advising them that I was imminently going to appoint Court Officials (Bailiffs) to visit them and if necessary seize goods.
That finally elicited a response and they begrudgingly agreed to pay the full amount of the Court Order immediately.
So a very satisfying result……..Thank you debtcamel.
But such a shame I had to go through such an elongated and stressful experience to get a fair outcome.
A part of me wanted to send in the bailiffs with body cams to seize laptops, photocopier and the coffee machine is that naughty
Sara (Debt Camel) says
Totally understandable I would say. It is Halifax that should be made to sit on the naughty step.
Kubilay ÖRNEK says
Dear Sara If possible, I would like you to follow the process by filling out the n322a form for me.
If you contact me by e-mail, I can send you my fos judgement
Sara (Debt Camel) says
Sorry I cannot help with this. Talk to your local Citizens Advice.
Sean Lewis says
Hi I had a decision upheld by the FOS on 4th October and accepted that decision on the 5th October to make it legally binding against the pension advice company.
As of the 12th December I have had no redress calculation sent to me to show what the loss to me was by their advice of opting out of a defined benefit scheme into a SIPP.
The company just keep telling me it is a complicated sum to work out and they will come back to me when it has been completed. I have chased about a dozen of times and get the same response.
Have gone back to my FOS contact and they have advised them that they have 14 days to settle with me or they will be forwarding a non compliance notification to the financial conduct authority as of 28th December.
Problem I have is I can activate any legal proceedings as until the calculations have been completed by the pension firm I am not aware if I am owed £1 or £100,000.
Just hoping the threat of the FCA getting involved will give them the kick up the backside they need.
What can I do if they still do not comply as going to court is not an option as I am not aware of what amount of money the owe me !?
Sara (Debt Camel) says
So I have some sympathy with the firm here as these calculations are indeed massively complicated. But they are now well beyond the 28 day target.
FOS is doing all it can.
Annoying though this is, I suggest you come back here at the end of January if there hasn’t been any progress… then we can talk about starting up a new complaint.
Sean Lewis says
Hi Sara so you are of the opinion that although they are at 70 days post award that this isn’t unreasonable on their part ?
I am led to believe that they use an actuary or approved software to calculate these type of settlements so I am not sure why, based on the above, it should take anywhere near 10 weeks ?
Appreciate your comment on the above.
Sean.
Sara (Debt Camel) says
no I meant that 28 days is a bit tight. But 70 days is really pathetic.
FOS is planning to do the sensible thing. I suggest you let that try first. Then if it hasnt worked by end January, come back here.
Steve says
I have absolutely zero sympathy for these companies that claim the calculations are complicated, (unless there are tax issues, in which case HMRC will help).
I had exactly the same scenario and my IFA claimed the same excuse.
I asked an investment company to assist and I sent them the redress calculation.
It took them about ten minutes to get me the official calculations which I then checked with another investment company, who came back with the identical figure.
In my case the Ombudsman required my failed investment to be compared to a standard general calculation. Then multiply the loss by the percentage.
So, if your failed investment was £50,000 and your “benchmark” was 20%, your loss is £60,000.
Good luck
Kay says
Won my Ombudsman case and had an email this morning with the following:
Startline Motor Finance Limited should:
Refund Miss C the cost of the engine repair that has been paid for (receipts for £6,000 dated 21 September 2023 and a further £6,000 dated 19 December 2023 have been provided)
Pay the remaining balance due for the repairs to the repairing garage.
Refund any payments made by Miss C from 19 December 2022 to the date the car was repaired.
Pay Miss C £200 to acknowledge the distress and inconvenience caused by the car being of unsatisfactory quality.
Remove any adverse information that may have been applied to Miss C’s credit file in relation to this agreement.
Item 3 is subject to 8% simple interest applied yearly from the date Miss C made the payments to the date of settlement.
I am going to email Startline Direct regarding this and not letting them ignore me or the ombudsman any further.
How do I work out the 8% interest, it’s a little confusing to me. I paid £326.90 for 10 months whilst the car wasn’t drivable so they owe £3261.90
Thanks!
Sara (Debt Camel) says
I paid £326.90 for 10 months whilst the car wasn’t drivable
how long ago were these payment?
Kay says
Dec 2022 – September 2023
Sara (Debt Camel) says
a quick squint suggests that over that time frame the 8% would have amounted to between £150 and £200
K Nickson says
Hi. I have a received a final decision from the FOS after a 2 year delay due to the lack of communication from the company involved (ITI Capital) and I have issued a N322A which has been acknowledged by the court, but ITI still refuses to abide by the FOS final decision. ITI’s solicitors have counter claimed the amount and I have a court hearing in February. ITI are pulling out of the UK market imminently and I am sure this delay tactics are to ensure they have finished trading in the UK before the finalisation of the claim (now run into approx. £54,000) I have contacted ITI solicitors and sent them the evidence of the claim amount and asked for evidence of their counter claim without any response other than ‘we are awaiting instructions from our client’ and are they allowed to withhold this information. Is there any way I can speed up the process to ensure that ITI Capital are still in operation at the time of the court ruling and what happens if ITI Capital are no longer trading in the UK at the time of the court decision.
Sara (Debt Camel) says
are they allowed to withhold this information.
I am afraid this is not something I can help with.
James says
Hi Sara,
The ombudsman has agreed with adjudicator and I have until 7th February to agree. There is no next step after I agree.
Do the company have until 7th to now pay out and come to a figure?
Sara (Debt Camel) says
After you agree they should pay within 28 days.
James says
Thank you, I have agreed now so touch wood.
It would be good to know a figure but I guess I can try and work that out myself.
Nick says
Hi,
I got a final decision from the ombudsman 5 months ago. I got a discount on a companies fees. To date I still haven’t heard from the company, with an updated invoice or a way to settle their bill. I have emailed them following the ombudsman decision but not had a reply. How long does the company have to send me an invoice?
Sara (Debt Camel) says
28 days… have you told your FOS adjudicator about the delay?
Nick says
I have not followed this up in any other way as I thought the company would be eager for their money and would need to contact me for it.
Sara (Debt Camel) says
Well I suggest you put The money aside in a savings account and let it sit there getting some interest.
jennifer elizabeth miller says
Hi Im hoping you can help i have received a final decision from the ombudsman for poor workmanship done by a company financed by Mitsubishi Finance. They have been instructed to pay on of two companies to do the work – see below
• Identify the cheaper of the two quotes which were provided to Miss M in January 2024, and pay for all of the remedial work set out in that quote to be carried out by the firm which produced it (this includes paying any deposit in advance);
However they have been shopping around trying to get a cheaper company to do the work. I have told them the final decision is to chose the cheaper option of the two quotations provided.
They have now gone quiet and aren’t responding it has reached 28 days,
Please advise on what you would do next.
Roberts Jones is the CEO of Mitsubishi his email would be much appreciated if you could help.
Sara (Debt Camel) says
have you told your FOS adjudicator about this>
Jennifer Miller says
Yes I contacted the ombudsman they requested that I had one of the companies requote for remedial Work that needed doing. The finance company wanted a new quote that was to keep the existing roof which isn’t fit for purpose as there is too much movement and damage. Both original quotes stated it needed replacing,
The building company redid this quote but have clearly stated that they won’t provide a warrantee as it’s not the best advice and the structure would not be guaranteed that it wouldn’t leak still.
I originally paid for a warrantee but would be walking away without one once the work is done.
The ombudsman advised that I may have to accept this work without this which doesn’t seem right.
I then sent the further quote over to
Mitsubishi finance and still have had no response.
This has been going on for 5 weeks I’ve an unsafe structure with water pouring in and 8 months pregnant.
Eve says
Hi,
would you have the email address of anybody I could contact in a high position of Northridge Finance/Bank of Ireland?
Sara (Debt Camel) says
Have you won a FOS case?
Eve Thomson says
Hi Sarah,
Yes, however after the financial ombudsman final decision they have yet to pay
Sara (Debt Camel) says
How long has it been and have you told your FOS adjudicator?
Eve Thomson says
The adjudicator is aware and chasing from her end, they have had the final decision for 10 weeks now. Lots of excuses. The latest being they don’t have a system that can work out the settlement fee 🙄
Sara (Debt Camel) says
Do you have a link to their website?
Or what was the full legal name of the firm in the FOS decision?
Edward Bather says
Trying to reaeach an issue with First Direct and your site came up. It looks distinctly erudite and histrionics free
I have an issue (DD Guarantee with Vodafone) with First Direct where they have admitted a mistake – sum is trivial. But instead of dealing with it and correcting they have asked me to refer them to The FOS!
I have pointed out that this seems a waste of resources. They responded with a deadlock letter. The subject line includes the reference “fos.fd.mmx”
It could be inferred that it has been at a minimum logged internally in an FOS folder. I have searched this reference which they used again today when I asked them for a DSAR.
Have you come across this reference elsewhere or am I just jumping to a conclusion?!
All very odd, my inclination is to actually complain about them knowingly wasting time and resources. I reseved my costs when they first asdmitted the mistake.
Sara (Debt Camel) says
Not something that I remember
Amy says
Hello
I wondered if you could tell me how to enforce an adjudicator’s decision which says that the business should “assess and meet the claim for fire damage to my home under the policy”. Do I need to get an Ombudsman decision first? I can’t get actual figures as they will be over the FOS limit but I would like to issue a claim at court in respect of quantum.
Thanks
Sara (Debt Camel) says
Has the firm accepted the decision?
Steve says
As Sara has asked, this is the first step.
Usually, the firm will not accept an adjudicators response (decision).
The firm will ask for the complaint to go to an Ombudsman, who will (eventually) make a decision.
Only a Final Ombudsman’s decision can be enforced in Court, not a decision from an adjudicator.
Sara (Debt Camel) says
Actually 90% of adjudicator decisions are accepted.
Steve says
Sara. How do you know this?
Sara (Debt Camel) says
Ombudsman statistics. Also it’s what I see from the cases I hear about.
Huw says
Hi
I have had the Investigator at the FOS reach a decision, and later the Ombudsman at the FOS reach a provisional decision on the 13th August against Nationwide with regards to an air source heat pump install where the merchant caused significant structural damages in breach of their contract to repair any damages caused (circa £100,000+) The ombudsmans provisional response required any feedback or further evidence by the 28th of august, which we provided updated builders quotes as this has all been ongoing through section 75 for 2 years prior and all quotes were out of date. However Nationwide have been uncontactable by myself or FOS preventing a final decision and therefore preventing taking this to their local court. What would be the next steps here as the FOS won’t make a final decision without at least some feedback from Nationwide.
Thanks
Sara (Debt Camel) says
Has the Ombudsman specifically said they can’t make a final decision? That would be very unusual
Huw says
They have said they have to await Nationwides reply, even though Nationwide are not replying to this case. The merchant stated some 18 months ago that they would not be involved in the process, and Nationwide have been stalling everything ever since, even stalling allowing the FOS to be involved, then trying to claim it was outside of the window to raise with the FOS which got threw out immediately.
Sara (Debt Camel) says
Ask your adjudicator to explain when this will be resolved if Nationwide don’t reply – come back here if there is no progress in a month.
Huw says
I have asked if Nationwide have defaulted for missing the deadline but will chase that point again this week.
@Steve would Nationwide reach back out to the merchant to get more info at that point and maybe that is delaying as the merchant doesn’t respond?
Steve Harrison says
Ask your adjudicator to ask the Onbudsman that you would like his provisional decision made final.
Nationwide have had enough time to give their feedback, if any.
They probably haven’t got any feedback and they know the Final Decision will be the same as the Provisional Decision.
If Nationwide did have “material” information, they would have informed the adjudicator and also the Ombudsman.
Sit tight, wait a little while and you will receive your award.
Steve Harrison says
The Ombudsman has made a Provisional Decision. They have communicated this to both parties and also have invited comments, with a very specific timeline in which any responses must be received.
You will have seen this.
What date was the Provisional Decision?
What timeframe was allowed for any responses, eg 28 days?
If you have passed this period and Nationwide have not specifically asked the Ombudsman for additional time (if they have, then your adjudicator will be aware of this and will tell you, if asked), then as I wrote before, ask your adjudicator to ask the Ombudsman to make his Provisional Decision Final.
In my case, exactly the same, the firm I complained about did request more time. Which they did on the very last day. The Ombudsman gave them an additional 14 days.
On the 15th day, they wrote we it’s about 15 points explaining why the Provisional Decision was wrong.
It took about two weeks before this was communicated to me.
I responded to all 15 points immediately and asked at the end, that I would like this to be the end and respectfully request that a Final Decision is made.
Two weeks late with no further communications, a Final Decision was made, in my favour.
If you want to read my decision it is in the public domain. Just let me know and I will point you in the direction where it can be found.
Good luck
Huw says
The provisional decision was at the end of 13th Aug with 14 days to provide any new evidence or quotes only, nothing already submitted. So Nationwide are nearing a month late and the investigator states they haven’t had anything off them at all. I’m pushing for a final decision on the basis Nationwide are being non cooperative of the process.
Steve Harrison says
Get onto your adjudicator asap. Phone them and follow up with an email.
Explain you are in contact with the FCA (contact them as well, but they’re a total waste of space) then contact your MP.
Tell the adjudicator you have involved your MP, the FCA and anyone else you can think of.
If your MP was anything like mine, he was straight onto his contact at the FCA and things sped forward.
Contact any consumer help groups, like this, as well as any others you can think of. Radio 4 and any TV consumer programme.
Collate all their replies (albeit they will be standard and sympathetic) and let your adjudicator know.
I would also go into Nationwide with a flask of coffee and some sandwiches and sit until you have made your case.
It will only be be pressure from you that will make the Ombudsman move faster.
Good luck
Sara (Debt Camel) says
Honestly the Ombudsman will probably move anyway in the next few weeks. I would leave contacting the FCA and everyone else for a month.
Steve Harrison says
What harm is there in moving things on a bit?
The FOS has stipulated 14 days from August 13th.
Nationwide has taken a month longer and still hasn’t replied.
I know exactly how this unnecessary waiting feels. The stress is unbearable. And I’m speaking from someone who eventually was paid out and nearly six figures.
You have nothing to gain by waiting a bit longer. The FOS will get around to making your Final Decision, but in the meantime you feel you are almost at the end of winning a marathon. The finish line is in sight, but you are very tired and you can see your opponent behind you, but you don’t know if they will catch you before the end!
Your Ombudsman may be dealing with your case right now.
Or, they may be on a three month training course. Or, they may be off for three months on compassionate leave, or they may be off supporting their partner during a difficult pregnancy?
Who knows why there is a delay?
You have been wronged. You have sought help from the FOS. They are not playing ball and (even though I hate repeating myself by saying I won) the FOS are a complete disgrace.
They have zero empathy and they all need a years long training course in hospitality.
It’s up to you whether you wait, or you do something to speed things up.
You have won and you will get paid, but having some help cannot hurt.
Good luck
Huw says
I have had a second provisional decision as the losses realised were considerably more than the initial provisional decision put on paper and I wanted it explicitly stated rather than any ambiguity after seeing the issues here. By the end of this week the 2nd provisional decision responses are due, so hopefully a final response soon here.
Stephen Harrison says
The timing between the first provisional decision and the second have been nearly two months.
Unfortunately, you may find similar timings between your second provisional decision and your final decision to be about the same.
Don’t worry, you will win. You will also get paid. And throughout any delays in payment, you will get another 8%.
Remember that even after the final decision, Nationwide still has 28 days to pay.
It’s only if it’s after 28 days will you get the 8% (pa).
Start reading up on the FOS website for cases like yours involving Nationwide.
There are little comments there when you read between the lines that give clues as to timings, etc.
Good luck
Huw says
I have finally had a final decision on Friday, the FOS have only managed to recover/justify half of our losses for the breach of contract and structural damages. The ombudsman can’t justify why I spent over a year doing nothing to prevent further losses because of water pouring into our home as a result of poor workmanship. Even though Nationwide repeatedly stated (by phone, not logged) make no changes in case the merchant wishes to attend site. The fos believe I should have ignored nationwide earlier and therefore won’t include these losses. Given how hostile the merchant has been at sending solicitors sometimes daily, with ever moving forward threats of dates for court. And given how useless Nationwide have been given the breach of contract proved was in the original submission over 2 years ago. Then I have accepted the recovery of half the losses as better than many more years of court proceedings. But then to find out the ombudsman is now on leave and this is sat in limbo until they return is rather annoying that no one will move this forward.
steve Porter says
Won final decision and has now become legally binding 30th September 2024
SJP (St James Place) messed up a transfer of my pension back in July 2023 and have had my money sat in a holding account.
SJP have ignored Ombudsman all the way and i am not expecting to get paid by the 28th of October 2024 the end of the for weeks.
I have had a calculation off True Potential for what the investment would be worth now if it was invested based on the ombudsman’s final decision based on them getting £68,424.55 partial transfer and SJP need to do the same calculation for the remaining £42,789.47.
TP have based it on a win of 14.1192% or £9,661.04 which means SJP should be around £6,041.87 which they also need to pay 8% per day since 30th September £3.44/day
I will let you know on 29th of October where i am with it.
Best regards
Steve P
Stephen Harrison says
SJP will pay. They have nothing to gain by not paying you.
They are way too big to go into liquidation.
You have done everything correct, right down to getting the calculations.
SJP will know you are on the ball because you have the calculations.
I have no idea why the FOS state the case in your favour, but refuse to do the calculations.
In some cases, pension providers and HMRC may have to be contacted, but IMHO, the FOS should do this.
Get everything ready, in case your payment is not made by the stipulated time.
I mean, find out the local county court for SJP.
Download the forms required for the court case.
Learn what you may have to do in case of delays.
I know others will say just wait. But for your own piece of mind, have everything ready to go to the next stage.
Others will say contact your adjudicator if they haven’t paid. That’s more stress and time waiting.
On the 28th, not 29th day, I would be informing the Managing Partners (all of them) by email that you will be “enforcing the judgement immediately”
You are probably also aware of the huge amount of negative publicity SJP have received over possible unsuitable advice.
There’s no harm in mentioning that in your email.
Get ready to drive them mad!
You will be paid.
Good luck
Sara (Debt Camel) says
Yes I am going to say wait. You don’t need to know what SJP’s local court is. A few stroppy letters to the FCA and SJP are very likely to work.
Paul says
Hi All,
Looks like I’m the latest victim of this behaviour;
Cutting to the chase, HBOS screwed up an ISA transfer in August 2023. The ombudsman ruled in my favour in June 2024. As of November 2024, I still haven’t been compensated and HBOS are being extremely evasive – not returning phone calls, replying to emails etc.
I have been back to the ombudsman to confirm they have accepted the decision (they have) and he has tried to nudge them but to no avail so far.
I’ve even tried raising a complaint about the handling of my complaint, but this just been ignored.
How can ‘reputable’ businesses behave this way and go unpunished?
Sara (Debt Camel) says
For anyone else reading this, it is worth saying that this is pretty rare. No one who has just had a FOS decision should expect thta it i slikely to be a problem for them.
Which is the legal HBOS entity you won the complaint about?
Paul says
Hi Sara,
Sorry, I should have been more specific. It is Halifax.
I went into my local branch on Friday to bend the manager’s ear for the first time. He made a call while I was there and they said they have until the 29th November to comply, or I’ll be eligible for additional compensation. When I asked what the significance of the 29th was, they said it was 8 weeks from the date when I made my second complaint (about their handling of the ombudsman’s decision) on the 4th October.
As I mentioned in my original post, the ombudsman found in my favour in June, so we are well beyond 8 weeks from then, let alone the 28 days in which a resolution is normally expected.
We shall see whether this deadline means anything. I’m at the stage where I do not believe anything they say now.