Key Post Should I go to the Ombudsman or to Court?

Raging Bull

Registered User
Messages
259
You haven't explained this very well...basically the FSO chose to believe a banks word over yours ...no matter how irrational their decision is unless you can find them interpreting law incorrectly or they have conducted an investigation unfairly you will not suceed...there has been plenty of warnings on this site to say in verbals FSO always rules against consumer
 

Bronte

Registered User
Messages
14,165
If the ombudsman rules against you is your only option an appeal to the High Court. Or can you start a Small claims court or District court case?

There was a poster on here ages back who decided to go the small claims court instead of the FSO and won his case easily.
 

PyritePete

Registered User
Messages
380
thanks raging bull for your comments, yes we should have notified them in writing and we started to do that later. That was a lesson learned for us.

When you physically present yourself to a branch and notify them of any situation such as ours and not be in a position to make a claim when covered and for them to deny I was even there.....this is only one of several major complaints we have had against the provider.

Luckily, I was able to find work after a few months and support my family. We continued to pay the mortgage from my redundancy money. That's my gripe.

I was focusing on finding employment, not allocating time looking for claim forms.

We shall draw a line under it and move on.

Thanks again
 

Gerry Canning

Registered User
Messages
2,505
PyritePete;

I assume you went to your credit provider to notify them and initiate a claim.
If so, the Provider should have set in trail your claim process.What they will say is that it is up to you to contact the Insurance Provider.
.........................
Suggest re-contact your provider and ask them to write to insurance company on your behalf.
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On FSOB claim , is it for NOT getting redundancy cover or is it on a miss-sell?

If you have NOT claimed on miss-sell , that option is still open to you..
If you want ring me on 0872437139 and I will advise.

ps; My opinion is that ombudsman/central Bank etc cannot be trusted.
 

Raging Bull

Registered User
Messages
259
PYRITE...unless you have an independent witness that you walked to branch and communicated something to them and you advised the FSO of this..if they ignored this and did not grant you an oral hearing you may have grounds to sucessfully appeal...However the maths for losing a High Ct case would personally put me off appealing....if the person who sold the product to you is different than ultimate insurer you can initiate a case against the other party who was not listed in FSO case!!! Say you bought from bank Xte and policy underwritten by DFe Life...party on case to ombudsman was Bank Xte....you can still go after DFe without having to appeal to high court...depending sums, issue, substance of case you migyt be able to go via Small Claims Ct....Two bites at the cherry
 

Moneydog

Registered User
Messages
6
I am looking for decisions of the FSO. I am aware that it doesn't publish full decisions but there is no rule preventing others from doing so. I wonder if anyone could share decisions in their cases. I think that the lack of decisions gives institutions an advantage, since they will have a precedent bank of cases. The same people will deal with the cases every day. Ironically, the more complaints an institution deals with, the more of an advantage they will have as against a consumer.
 

Gerry Canning

Registered User
Messages
2,505
Moneydog; I deal in ppi cases and Ombudsman decisions lack consistency.

One today re AIB . partly found for customer in that AIB did not do (as a MUST Do by Consumer Code ) a Suitability Statement . He was awarded 200 euro.!

Because AIB got his signature and stated they complied with Consumer Code , the claimant lost the rest . Consider this .
1. Young fella in to get K70 for lorry.
2. He says Bank says he must take PPi.
3. Bank loves ppi as they get 80% in commission on each monthly payment.
4. Under Consumer Code Bank MUST ensure that their actions are on the Consumers side.No undue pressure etc
5. Payouts on PPI are poor (well proven)
6. Uk Banks have paid out 18 Billion so far.
7. Uk Bnks no longer sell ppi.
8 . Roi Banks NOW do not sell ppi.

Quite simply experience tells me avoid Ombudsman in most scenarios.
You are correct in that the more Ombudsman makes decisions without challenge or oversight the more myopic his decisions may become.
 

Gerry Canning

Registered User
Messages
2,505
Bronte;

Under the Consumer Protection Code , providers are told they MUST give customer a Suitability statement, effectively it is their reasoning why the product they are selling is suitable for consmer at the time of purchase.

In the above case he did not get one , ergo a miss-sell I would think since Consumer Code says MUST ?.
 

Gerry Canning

Registered User
Messages
2,505
And how long has it been a requirement to get this statement?
..................................................................................
Since Consumer Protection Code August 2006.{can get it on line}
Chapter 2. point 30 , 30a,30b,30c.


PLUS; All of Chapter 2.

I would say when you read it you will WONDER does our Central Bank/Ombudsman/Banks read it?
 
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