FSPO Solicitor Recommendation

Hopeful77

Registered User
Messages
15
Good morning,

Could anybody point me in the right direction for finding a solicitor to help me with a case with the FSPO. I'm googling online but it's a minefield. A personal recommendation would be great.

It's not a tracker related complaint incase anybody was wondering.

Thank you
 

NoRegretsCoyote

Frequent Poster
Messages
1,066
You can of course in principle use a solicitor to help you with an FSPO complaint.

But the whole point of the FPSO is that it is a relatively simple, consumer-friendly process for you to follow without the need for legal advice

If you are willing to post general details you might get advice on this thread, or indeed PM. I've pursued two claims and have some experience to share.
 

Hopeful77

Registered User
Messages
15
Thank you for your reply.

The FSPO are reluctant to take my case as it's a joint financial product but only I have made a complaint against the bank (I'm the only one affected by the issue). I need advice really on what my rights are and whether my only option if they don't take the case is to go through the courts which I'm reluctant to do but a strong solicitor's letter may get the desired effect...
 

DirectDevil

Frequent Poster
Messages
688
My 10 cents.
  1. If you submit a dispute to the FSPO the ensuing decision will be legally binding on both parties.
  2. There is a right of appeal open to the High Court but that can get complicated and risky in terms of costs for an individual.
  3. For this reason you need to take great care to get your case across fully and correctly the first time.
  4. A solicitor would be helpful in drafting your submissions but if you win I do not think that there is provision for payment of your legal costs.
 

Brendan Burgess

Founder
Messages
39,145
Hi Hopeful

Very few solicitors would understand this issue. The ones who do would charge you a lot for giving their opinion.

The Ombudsman knows the legislation best.

Would it not be simpler to make a joint complaint?

While a "strong solicitor's letter" might encourage a debtor to pay up, it will have no impact on the Ombudsman.

Brendan
 

Hopeful77

Registered User
Messages
15
Thank you both.

I meant a strongly worded letter to the bank.
There is a serious flaw with their processes. I can’t really understand how I can exhaust the internal complaints procedure with the bank and then the FSPO say they can’t continue with the case. There’s a gap there whereby banks can exploit joint borrowers and that a single borrower to a joint mortgage has no rights unless both parties are affected.The other borrower isn’t affected so any decision shouldn’t prejudice them.
 

NoRegretsCoyote

Frequent Poster
Messages
1,066
@Hopeful77

Why can't you take a joint complaint?

You can do 100% of the work once you have the agreement of the other party. Shouldn't be an issue if it doesn't affect them.
 

RedOnion

Frequent Poster
Messages
3,817
To be clear.
You had/have a joint mortgage?
You've a complaint about a bank error, which has adversely affected you, but not the joint borrower?
You started the complaints process with bank, but they won't address complaint as only 1 party to joint mortgage has complained?
Because you haven't concluded banks complaints process, you can't take it forward to FSPO?

Was the error in calculations, or process?
Has the other party been through a PIA or bankruptcy?
Is the mortgage still active and in joint names?
 

Hopeful77

Registered User
Messages
15
The bank took on the complaint but the FSPO don’t know if they can because only one borrower is affected. Mortgage still there and nobody has been through PIA/bankruptcy. I’m just seeing what I can do now as it doesn’t seem right the bank can take on the complaint but FSPO can’t.
It is regarding a process.
 

DirectDevil

Frequent Poster
Messages
688
I should have made one point more clearly.
When I said that a FSPO decision was binding on both parties I meant the OP and the bank.

Although OP's other half seems not to be materially affected by the issue I cannot see why OP is not allowed to pursue their losses just because they are one party to a joint mortgage. I would demand of the bank - in writing - that they explain the exact basis on which they ground that argument. Absent a cogent argument or explanation the cynical temptation is to imagine that the bank made that one up as they went along i.e. self serving.

Say, for purposes of discussion, that OP decided to issue legal proceedings against the bank they would do so in their own name only to pursue their legal remedies in respect of their legal rights and losses. How do the bank imagine that they can oust OP's rights ? Can the bank show a contractual term and or a legal argument to ground their proposition ?
 

Hopeful77

Registered User
Messages
15
Thank you for your time DirectDevil. It's a complete mess which is why I need a solicitor to help me.
 

DirectDevil

Frequent Poster
Messages
688
Thank you for your time DirectDevil. It's a complete mess which is why I need a solicitor to help me.
I would endorse very strongly a decision to instruct a solicitor now before this spins out of control and possibly out of time.
If you have no solicitor in mind be sure to get a few quotes and S.68 letters before instructing one.
A quick detour to this thread might help https://askaboutmoney.com/forums/recommend-advisors-solicitors-accountants-etc.75/

Best of luck.
 

NoRegretsCoyote

Frequent Poster
Messages
1,066
Thank you for your time DirectDevil. It's a complete mess which is why I need a solicitor to help me.
I am not sure that you do.

The FPSO knows the law better than you do regarding your entitlement to take a case.

If you are actually thinking of taking the FPSO to the High Court then you need legal advice and representation. But you don't seem at that point.

But I am not sure what value a solicitor will add in drafting a letter to the FPSO, and as another poster has pointed out you will be liable for costs.
 

Hopeful77

Registered User
Messages
15
Oh I absolutely won't be taking the FSPO to court, it was to help me with my response to the FSPO - I have 15 days to respond to get them to reconsider taking my case on. I would also need a solicitor to take a case against the bank if the FSPO confirm they can't take my case on.

Sorry I'm causing confusion in my responses.
 

DirectDevil

Frequent Poster
Messages
688
Just to clarify a few points arising.

FSPO STATUS.

Some indicate correctly that the FSPO will be well versed in the issues relating to OP's situation.
Please remember that the FSPO are NOT advocates for a complainant.
The FSPO are effectively arbitrators / mediators.
It rests full square on OP to present and prove their complaint which is why it needs to be presented properly the first time around.

LEGAL PROCEEDINGS

If a complaint proceeds to a formal decision by FSPO that is legally binding on all parties to the complaint.
Any party to the decision can appeal it.
The appeal takes the form of a hearing in the High Court.
If that happens all parties to the decision will usually be parties to the appeal as well as the FSPO.

EXAMPLE.

C complains about bank B.
FSPO issues a decision.
C and or B can appeal the decision.
The other party and the FSPO will be parties to the High Court appeal.
The losing party may well be exposed to orders for the costs of the other parties in relation to the High Court action.
Decisions on costs actually rest finally with the trial judge.

So, although OP has no intention of suing the FSPO directly they may end up effectively doing so a party to any appeal !
 

NoRegretsCoyote

Frequent Poster
Messages
1,066
Some indicate correctly that the FSPO will be well versed in the issues relating to OP's situation.
Please remember that the FSPO are NOT advocates for a complainant.
The FSPO are effectively arbitrators / mediators.
True, but the issue seems to be one of locus standi.

The OP's situation is not fully clear but it seems that the FSPO is saying that they don't have the right to make a complaint due to the involvement of the other party.

I don't know the law myself, but it's either a case of it being very clear the OP has no locus standi or it being a boundary case and the FPSO not wanting the hassle.

There is a big risk here that the OP has no grounds to take this to the FSPO at all, and no solicitor involvement will change this.
 

Hopeful77

Registered User
Messages
15
The co-borrower is in no way affected by the issue I have been subject to. It's due to how the bank operated so effectively a failure of their processes and procedures only affecting me. It appears that I only have rights as a party to a joint mortgage when the co-borrower's rights have also been breached. I really cannot understand this part. There is a clear gap in the FSPO remit if a bank can breach the rights of one borrower and that borrower has nowhere to escalate their case. The bank never at any stage of the complaint process said I cannot raise a complaint solely.
 
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