LEXLAW Solicitors & Barristers
The Court of Appeal recently analysed a swap mis-selling complaint submitted by the Claimant under the FCA Dispute Resolution scheme (“DISP”), which complaint would stop time running for the purposes of a making a complaint to the Financial Ombudsman Service (“FOS”).
From 1 April 2019, the Financial Ombudsman Service (FOS) can make awards against regulated firms of up to £350,000, which represents an increase of 133%. The following award…
In 2014, Promontory Financial Group and Mazars were appointed by the FCA to prepare an independent skilled persons report into RBS Global Restructuring Group’s conduct, which was produced…
The Financial Ombudsman Service (FOS) saw a 92% rise in new complaints in 2012/2013, with 258 cases related to interest rate hedging products (IRHPs) like swaps. However, the FOS can only handle complaints from microenterprises, excluding many small businesses. The FOS also has a £150,000 compensation cap, often insufficient for these claims. The FSA rejected setting up a special scheme for wider IRHP complaints, leaving the FOS as a last resort after bank reviews.
The Financial Ombudsman Service (FOS) is preparing for an unprecedented workload in 2013/2014, driven mainly by 245,000 payment protection insurance (PPI) mis-selling cases. To handle this, FOS plans to increase staff significantly, including 1,000 new case workers and more ombudsmen. It will also raise individual case fees and increase the overall levy to support this expanded operation. Contact Lexlaw for advice on managing claims involving FOS processes and addressing complex financial disputes.
A Financial Ombudsman Service (FOS) decision does not prevent claimants from pursuing further court action for additional compensation beyond the FOS award. In Clark v In Focus, the High Court ruled that the Ombudsman’s ruling is not legally binding and does not merge causes of action. This is important for bank swaps mis-selling victims who accepted FOS awards but seek further claims. Contact Lexlaw for expert advice on continuing litigation beyond FOS resolutions.