P.O. BOX 5, FRODSHAM CHESHIRE WA6 6FL
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PRACTICAL
HELP TO RESOLVE DEBT COMPLAINTS & DISPUTES WITH UK LENDERS (BANKS,
BUILDING SOCIETIES & FINANCE COMPANIES) INCLUDING LIAISING WITH
OMBUDSMAN/ARBITRATOR & SOLICITORS. ALSO FREE DEBT
CONSOLIDATION, DEBT COUNSELLING, ENDOWMENT MORTGAGE, OLD MORTGAGE DEBT
ADVICE, CCA AGREEMENTS.
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 , the Financial Services Authority www.moneymadeclear.fsa.gov.uk 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.
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. We also recommend you obtain a copy of all Legal Charge forms/Credit Agreements and if possible correspondence. An application to the lender under the Data Protection Act for your file should cover this, although the cost is likely to be around £10, it is well worth it. 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.
Alternatively or as well as you could seek legal advice from a solicitor (who may charge over £200 an hour ! ) or PRACTICAL advice from DEBTWISE upon completion of an initial Assessment Form.
Disputes include:
NOTE: The Financial Ombudsman Service prefers that consumers make complaints themselves. 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.
CONSUMER CREDIT ACT AGREEMENTS : If anyone has any updated on legal decisions please email adv@debtwise.co.uk . Please see Bank of Scotland v Mictchell ruling re a CCA Credit Card dispute (June 2009) where an application to have a judgement withdrawn suceeded http://www.home-saveclaims.co.uk/site/242/bank-of-scotland-v-mitchell-case-in-the-leeds-county-court.html Infromation on Money Saving Expert at http://forums.moneysavingexpert.com/showthread.html?t=1730261 and Consumer Action Group http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/214807-bos-mitchell-thoughts-docs.html
COMPLAINTS AGAINST SOLICITORS - help with compiling complaints and referring to Legal Complaints Service www.legalcomplaints.org.uk and Office for Legal Complaints from 6 October 2010 http://www.legalombudsman.org.uk/ .
The legal complaints system has undergone a number of changes over the last few years and the Office for Legal Complaints commences on 6 October 2010 under a Legal Ombudsman http://www.legalombudsman.org.uk/ . The OLC have rules for complaints on the website. The main perceived problem is the lack of written information obligations in the Solicitors Regulation Authority - Code of Conduct (2010 update) and this affects everyone using a solicitor's services. Any feedback from persons making complaints to the LCS would be welcome. Please email adv@debtwise.co.uk . (please note that at no stage am I able to provide legal advice - please see 'About Debtwise' for my background').
SOLICITOR.INFO - You be the judge : For information on obtaining solicitors and leaving comment. http://www.solicitor.info/aboutus/
COMPLAINTS ABOUT INSOLVENCY PRACTITIONERS: The Office of Fair Trading carried out a Market Survey into Corporate Insolvency July 2010 http://www.oft.gov.uk/news-and-updates/press/2010/67-10 . 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 OFT have recommended an independent complaints body be set up and their report has been provided to the HM Govt Business and Industry Department (BIS).
DON'T BE BULLIED BY LENDERS:TAKE ADVICE !!
BANK CHARGES/INTEREST CHARGES
The Office of Fair Trading have commented on the Supreme Court Ruling 25th November 2009 in favour of the banks. See http://www.oft.gov.uk/news/press/2009/137-09 . The full copy of the Supreme Court Judgement is at http://www.supremecourt.gov.uk/docs/uksc_2009_0070_judgmentV3.pdf and the Press Summary at http://www.supremecourt.gov.uk/docs/uksc_2009_0070_ps.pdf . The Supreme Court had to decide NOT whether the banks' charges for unauthorised overdrafts were fair but whether the OFT could launch an investigation into whether they were fair.
The Office of Fair Trading website should be consulted for their latest update. Use the OFT search for 'bank charges' to monitor updates www.oft.gov.uk . http://www.oft.gov.uk/news/press/2009/144-09 ( December 2009 update).
THE FINANCIAL SERVICES AUTHORITY ( F.S.A.) has removed the deadline 'waiver' for banks to deal with customer complaints with immediate effect from 25th November 2009 see http://www.fsa.gov.uk/pages/Library/Communication/Statements/2009/bank_charges.shtml
The FSA has produced a paper on 'Delivering Better Regulatory Outcome' in December 2009 http://www.fsa.gov.uk/pubs/other/oft_fsa_jap.pdf This is joint between the FSA and OFT and covers bank charges and various regulatory matters that are ongoing.
Effect of Supreme Court ruling (Debtwise view only). Since the ruling indicates not whether the charges are fair, but whether the OFT can investigate whether they are fair, this means that charges complaints now have to be looked at by the banks and not delayed. Prior to the OFT investigation there were numerous successful claims and banks were reluctant for claims to proceed to court. The various bodies such as FOS/OFT are considering the position but anyone with a complaint should take note of FOS advice.
Anyone with a bank charge complaint might wish to consider steps required in order to complain and it is recommended that useful websites be consulted such as:
FINANCIAL OMBUDSMAN SERVICE GUIDANCE See guidance on http://www.financial-ombudsman.org.uk/faq/bank-charges.html
BANK ACTION GROUP/THE CONSUMER ACTION GROUP FORUM ( www.consumeractiongroup.co.uk ) is a support forum where people affected by punitive bank charges can meet and share information.
Govan Law Centre (based in Govan, Scotland) has useful information on many consumer issues including bank charges (December 2009) http://govanlc.blogspot.com/2009/12/bank-charges-update-where-are-we-now.html
Money Saving Expert (Martin Lewis) has regular update advice for those wishing to reclaim bank charges for hardship reasons http://www.moneysavingexpert.com/reclaim/bank-charges-hardship
PENALTY CHARGES : An advice website giving guidance http://www.penaltychargesforum.co.uk/
ADDITIONAL BANK CHARGES NOTE: The Daily Mail website
www.thisismoney.co.uk
has considerable information about bank charges as does Guardian Money
http://www.guardian.co.uk/money
Claim Companies : 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 have issued a statement warning claim management companies
making misleading statements.
http://www.justice.gov.uk/news/newsrelease170209a.htm (17th Feb 09)