HELP TO RESOLVE DEBT COMPLAINTS & DISPUTES WITH UK LENDERS (BANKS,
BUILDING SOCIETIES & FINANCE COMPANIES) INCLUDING LIAISING WITH
OMBUDSMAN/ARBITRATOR & SOLICITORS.
THE LENDER IS TAKING ACTION, WHICH YOU FEEL IS UNJUSTIFIED??...FIGHT BACK !!
HOW TO COMPLAIN (Free Guides are available from the British Bankers Association www.bba.org.uk , Financial Conduct Authority http://www.fca.org.uk/consumers/complaints/how-to-complain and the Finance & Leasing Association www.fla.org.uk )
Put your complaint in writing, initially to the account holding office. Clearly mark the letter 'complaint', keep a copy of all correspondence. Ask for a written reply within 14 days; include any relevant reference numbers, and also state what action you wish to see taken to remedy the complaint. (It is strongly recommended that no allegations are made against a lender until a Subject Access Data File has been obtained. The file request should be made referring to the Data Protection Act 1998 and a payment sent for £10 payable to the lender. The file, which takes up to 40 days to arrive, should contain a copy of all Legal Charge forms/Credit Agreements, correspondence as well as statements, and lender computer records. Should one person wish to complain and an account is joint, it will be necessary to obtain the authority of the joint holder to enable the lender to release full information. The file may contain information that is highly relevant to a complaint and the person complaining should not speculate about the complaint until the bank records have been seen).
If no progress is made write to the Head of Customer Service at the lender's Head Office requesting immediate action and enclose a copy of the earlier letter. Quote the name of any persons you have been dealing with. Request a written reply to be sent within 14 days. If again no progress is made you could request a 'deadlock letter' from the lender to enable you to refer to the appropriate Ombudsman -see ‘Problems’ web page for Financial Ombudsman Service and Finance & Leasing Association information. If the Lender has produced a Customer Information booklet saying how excellent they are at customer service obtain a copy and quote relative sections back to the Lender if they have breached their own guidelines. DEBTWISE can help!!!
NOTE : It is recommended that dates and comments are put in date order and bullet point form and that the reply covers each point raised.
The Financial Ombudsman Service prefers that consumers make complaints themselves. See http://www.financial-ombudsman.org.uk/consumer/complaints.htm . For FOS newsletter highlighting recent cases and decisions http://www.financial-ombudsman.org.uk/publications/ombudsman.htm
From experience it is considered that help is needed in order to ensure a complaint is focused and that there is documentary evidence. The intention of DEBTWISE is to assist in trying to ensure a complaint is presented in the best way possible to ensure it can be dealt with fairly. Lenders have obligations under The Lending Code see http://www.lendingstandardsboard.org.uk/docs/lendingcode.pdf (The Lending Standards Board) and also the Banking Conduct of Business Sourcebook (BCOBS) see http://fsahandbook.info/FSA/html/handbook/BCOBS. All complaints which relate prior to November 2009 may be covered by the British Banker's Association 'The Banking Code' or 'The Business Banking Code' (last editions March 2008). Reference will be made to the appropriate documentation when considering how a complaint should be worded.
CONSUMER RIGHTS ACT 2015 : As from 1 October 2015 the Consumer Rights Act 2015 affects many aspects of goods/purchases/faults/remedies. Looking at Google, Which? have details which are available http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act including video on returning faulty products. The link to the Citizens Advice page is https://www.citizensadvice.org.uk/about-us/how-citizens-advice-works/citizens-advice-consumer-work/the-consumer-rights-act-2015/ (there is also CAB reference to Alternative Dispute Resolution https://www.citizensadvice.org.uk/Documents/Advice%20factsheets/Consumer%20Affairs/c-alternative-dispute-resolution.pdf )
COMPLAINTS ABOUT INSOLVENCY PRACTITIONERS: Changes have been proposed to include the setting up of an independent complaints body. I am willing to consider assisting with any complaints about insolvency practitioners and seek feedback from company directors who might have had complaints about insolvency practitioners. The Small Business and Employment Act 2015 refers to changes. The Legislation is at http://www.legislation.gov.uk/ukpga/2015/26/contents/enacted
DON'T BE BULLIED BY LENDERS:TAKE ADVICE !!
PAYMENT PROTECTION INSURANCE:
MINISTRY OF JUSTICE. PPI re-claim companies are regulated by the Ministry of Justice (phone helpline 0845 450 6858). The MoJ website has information on regulation/fees and consumer facts. http://www.justice.gov.uk/claims-regulation For other information email firstname.lastname@example.org or see Guardian article http://www.guardian.co.uk/money/2010/sep/04/mis-sold-ppi-how-to-claim and Moneymadeclear (established by the Financial Services Authority) https://www.moneyadviceservice.org.uk/en/search?utf8=%E2%9C%93&query=ppi+reclaim The facts about PPI are covered in a free downloadable guide called 'Just the facts about insurance'. The Financial Ombudsman Service information is essential reading http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html
Money Saving Expert PPI Advice http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance
Bank Links for PPI refund information
If a claim to a bank is not accepted and deadlock is reached then refer to the
Financial Ombudsman Service see
Claim Companies : CARE NEEDED Whilst claims for refund of bank charges and miss-sold PPI can be done by quite easily by an individual, some companies have been set
up to make claims. Please note that you should check what fees are being
charged. NOTE: The
Ministry of Justice has guidance on how consumers should complaint about claims
NOTE: Whilst DEBTWISE can assist those
with claim dispute problems, as all information to enable a claim to be made is
already online, anyone wishing to make a PPI Claim is encouraged to read the
links provided and make a claim themselves. If there are complexities that need
input in order to word a complaint to the Financial Ombudsman Service then
DEBTWISE may be able to help. Before going to a Claim Management Company, it
is highly recommended you talk to your local CAB who might be able to help
anyone struggling with paperwork.
Claim Companies : CARE NEEDED Whilst claims for refund of bank charges and miss-sold PPI can be done by quite easily by an individual, some companies have been set up to make claims. Please note that you should check what fees are being charged. NOTE: The Ministry of Justice has guidance on how consumers should complaint about claims companies http://www.justice.gov.uk/claims-regulation/information-for-consumers/how-to-complain
NOTE: Whilst DEBTWISE can assist those with claim dispute problems, as all information to enable a claim to be made is already online, anyone wishing to make a PPI Claim is encouraged to read the links provided and make a claim themselves. If there are complexities that need input in order to word a complaint to the Financial Ombudsman Service then DEBTWISE may be able to help. Before going to a Claim Management Company, it is highly recommended you talk to your local CAB who might be able to help anyone struggling with paperwork.