Dispute/Claim/Liability

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. (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.

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:

• CLAIMS ON AMOUNTS
• WHO IS LIABLE FOR THE DEBT - just because someone says you are, check!!!
• SECURITY - has your partner given a charge over your house? were you given independent legal advice before signing any documents? DEBTWISE can help!!
• GUARANTEES
• SIGNING OF MANDATES - was your signature obtained by deception?
• OLD MORTGAGE DEBT WHERE A PROPERTY RE-POSSESSED AND LENDER NOW PURSUING FOR SHORTFALL- have you been chased for a debt more than 6 years old? (email adv@debtwise.co.uk for info help sheet : Note : Financial Services Ombudsman view held dated January 2008). Practical advice given.
• ENDOWMENT MORTGAGES - If you have a shortfall, then providing it is within 3 years of you having been notified of the problem, then it is essential you check what advice you were given when the policy was taken out as you might be able to make a claim (e.mail adv@debtwise.co.uk for further information). The Consumers Association have full details of how to complain on their website www.endowmentaction.co.uk
• PERSONAL PROTECTION INSURANCE ( P.P.I.) - Information provided with reference points email adv@debtwise.co.uk for copy. (note the Financial Ombudsman Service offers a fact sheet on how to make a PPI complaint http://www.financial-ombudsman.org.uk/ (there is a link to PPI which is in a pdf.doc) (also see below for bank links)
• COMPLAINTS AGAINST DEBT COLLECTORS/BREACHES IN OFT DEBT COLLECTION PRACTICE email adv@debtwise.co.uk for information. (Also refer to Bankruptcy-Insolvency Debt Advice Service Help http://www.bankruptcy-insolvency.co.uk/debt_factsheets/harassment_of_people_in_debt_by_creditors.php
• DEBT COLLECTION LIMITATION - Practical advice given. Also see Bankruptcy-Insolvency Debt Advice Service Helpline 0800 074 6918 http://www.bankruptcy-insolvency.co.uk/debt_factsheets/liability_for_debts_and_the_limitation_act.php

COMPLAINTS HANDLING

The Financial Ombudsman Service prefers that consumers make complaints themselves. See http://www.financial-ombudsman.org.uk/consumer/complaints.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) as from November 2009 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 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 the Legal Ombudsman http://www.legalombudsman.org.uk/ .

The legal complaints system has undergone a number of changes over the last few years and the Legal Ombudsman commenced operation on 6 October 2010 http://www.legalombudsman.org.uk/ . The Legal Ombudsman will consider complaints about service should the complaint not be resolved by the solicitor concerned. The main perceived problem is STILL 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 Solicitors 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').

For C.A.B. advice and information on solicitors and complaints see:- http://www.adviceguide.org.uk/index/your_rights/legal_system/using_a_solicitor.htm#Complaints_about_solicitors

COMPLAINTS ABOUT INSOLVENCY PRACTITIONERS:  The Office of Fair Trading carried out a Market Survey into Corporate Insolvency and 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.