FOS

Sorry but to suggest that the FOS is only publishing this data "to encourage firms to improve complaint handling" is utter nonsense. How about the irresponsibility of misleading the public by publishing it without context. IT is not the Job of the FOS to police industry complaint handling - That is the job of the FSA. The sooner the FOS start to concentrate on their core job (ie to mediate and adjudicate on complaints FAIRLY) the better.......

Posted by: complaints manager

FoS not consistent or accurate

Im sorry I have to disagree. Ive seen firsthand the results of the FOS work although thankfully not as a defendant. Alas none of the claims went in favour of the indidviduals despite overwhelming evidence in their favour. A perfect example was a case where an elderly lady had inherited a significant amount of money off her husband, it was in writing that she wished to give a large chunk of it to her children immediately as a gift. The adviser in question convinced her it would be more tax efficient to invest it into a bond using a discretionary trust and give them the money after 7 years instead when it was free from IHT. On top of this the illustrations post dated the application and the brochure contained out of date tax information for trusts. Oh did I mention the adviser took £30,000 in commission for the case. The shortened final FOS response: "shes wealthy enough to know what she was doing". Ive also seen the exact opposite where the adviser has done everything correctly, it was good advice, the paperwork was correct but the FOS has found against them on a minor technicality that couldn't possibly be forseen or avoided. Please tell me on this sort of basis how the FOS are doing a good job?

Posted by: Kev S

Without the law

there is no certainty and the FOS is NOT an alternative dispute resolution servic (ADR), they apepar to be an inconsistent judge jury and executioner who uses no precent other than what is convenient to the F-packs political masters at teh time of the claim and NOT at the time the advice was given. If we do not have a right to defences under the law, we are outlaws and outlaws respond as such. Give us TRUE ADR i.e. an adult discussion with mediationby the ADR so both parties can come to an acceptable agrement withou accepting fault OR should tehy wish, decline to submit to ADR and proceed to court but be prepared for a much bigger bill if you loose and possibley an "I told you so" traaing development plan enforced if you loose IN LAW. The only complaints I have been involved with which have gone to FOS have NOT been about my firm, they have been about Banks and insurers and in LAW, the client's probably WOULD win and yet the FOS seem incapable of understanding even basic duties of care on the part of the Banks and Insurers. The one complaint I have had in 12 years, the solicitor who introduced me to the client in thr first olace now thinks the client was an accident waiting to happen and we BOTH wish we'd just walked away in the first place and not tried to HELP. It's not gone to FOS and the client still has 3 months to should they wish, but I now doubt they will having supplied a recording of the mettings with the client on which you can hear her making statements which totally contradict what has been said in the letter of complaint. In any other circumstances, one would think it enough to say, right "see you in court", but not with the FOS who are just as likely to dig and dig until tehy find a procerdurally error which was NOT material to the advice and end up supporting the client getting away with FRAUD..........

Posted by: Phil Castle