When the FOS tells lies

Gordon Kerrison made this Freedom of Information request to Financial Ombudsman Service Limited

The request was successful.

From: Gordon Kerrison

7 January 2010

Dear Financial Ombudsman Service Limited,
Recently I was told by the FOS that the Chief Ombudsman had left
his position. The implication to me was that the FOS was without a
Chief. This being the case, I need to know to whom I report serious
irregularities by an Adjudicator and an Ombudsman. The Adjudicator
refused to examine my evidence against a bank, and accepted a
document from the bank that was never seen before by myself or my
solicitor. The bank refused to release it for examination for 17
months? It was examined by experts who deemed it as a joke. This
joke was used to deny me an FOS investigation, because it had a
date of years in the past putting me out of time, as was claimed by
the FOS and the bank. I discovered a false loan attached to my
account only 18 months before the adjudication and gave 100% proof
of the facts to the Adjudicator. The bank was unable to provide any
proof of a debt then, or now, and all this was in my evidence? I
have a letter in my possession wherein the FOS has made false and
malicious allegations about me to the Treasury. The FOS know all
about this and could not care what damage has been done to my
family and our lives. The bank were jubilant at the support they
received from the FOS and they harassed and threatened us until my
wife collapsed out of fear for our security.
The bank harassed us throughout the whole of their investgations
when they concluded no evidence, but that they would continue
actions against me on the basis that they THINK I had money from
them. All this was in my file in the adjudicators hands for
examination. We fled our home to escape the banks threats, and I
was told by a paramedic, that had I not been available to summon
medical help, my wife would have been comatose. We had to register
as Homeless in due course, the history of which is lengthy, but is
a direct result of this adjudicator and the bank.I fear reprisals
from no one, I have the evidence, and I have supporters.

MY question therefore is who in the FOS do I report these events
and false allegations. I believe on the evidence of these events,
criminal acts have been performed against my family, they have
stolen our lives, and our home.

Yours faithfully,

Gordon Kerrison

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Financial Ombudsman Service Limited

7 January 2010

Thank you for your email. We’ll be in touch shortly with a more detailed
reply.

In the meantime, if this is the first time you’ve contacted us, please
find below some details of our service – and how we can help you. This
may be useful for you to decide whether you want to complain formally.

how to make a formal complaint

We can't step in and investigate a complaint until the financial business
you're unhappy with has itself had the opportunity to put things right.
The steps to follow are set out on our website at:

[1]http://www.financial-ombudsman.org.uk/co....

Unless you've already done so, this means you need to complain first to
the financial business involved. You can do this in two ways:

(1) You can contact the business yourself – asking them to deal with
your complaint under their official "complaints procedure". By law,
businesses have to complete this procedure within eight weeks – keeping
you up-to-date with the progress they make on your complaint.

(2) We can send details of your complaint to the business on your behalf
– if you send us a completed complaint form telling us the relevant
details. Our complaint form is on our website at the web address above. Or
you can phone us directly on 0845 080 1800 (office hours) to give us
details of your complaint – which we can forward to the business for
you.

more information

If you’d like us to send you more information (or our complaint form) in
the post, remember you’ll need to tell us your postal address. If
you’ve emailed us, we’ve probably only got your email address!

We’ll need your handwritten signature on the complaint form – and
copies of any paperwork relevant to your complaint (for example, copies of
bank statements, policy documents etc). You need to post these with your
complaint form to:

Financial Ombudsman Service
South Quay Plaza
183 Marsh Wall
London
E14 9SR
phone 0845 080 1800 (office hours)

video-welcome from our chief ombudsman

Watch our chief ombudsman talk about what to do if you’ve fallen out
with your bank, insurance company or finance firm:

[2]www.financial-ombudsman.org.uk/about/video_welcome.htm

References

Visible links
1. http://www.financial-ombudsman.org.uk/co...
2. http://www.financial-ombudsman.org.uk/ab...

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From: Locke, Jonathan
Financial Ombudsman Service Limited

10 January 2010

Thank you for your e-mail.

I can confirm that the interim chief ombudsman is David Thomas who will
step down when the new permanent chief ombudsman has been appointed.

In relation to a complaint already considered, if you do not agree with
the adjudicator, you should contact them top confirm why and present any
further information you have (if you do have additional details). You
can ask that this matter is referred to an ombudsman so that he or she
can issue his or her decision to you. The ombudsman's decision if final
and can only be challenged in a Court of Law.

If you think that your complaint has not been handled properly in
respect of the way we have processed it, you can contact our Service
Review Team and confirm why you are unhappy. Whilst they cannot
overturn a decision made by an ombudsman, ultimately, they can look at
the process that was adopted in respect of your own complaint.

I hope this information will be of assistance to you.

Yours sincerely

Jonathan Locke
team manager

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From: Gordon Kerrison

11 January 2010

Dear Locke, Jonathan,

Thank you for your response. I wish to add information and comment
on your response. You state I could have forwarded any new
information to the Adjudicator to assist my case! With respect, the
Adjudicator was supplied with all new information and ignored the
facts. Her conclusions were therefore falsehoods, the evidence
proves this. Following the adjudicators decision, I received a
letter from the Ombudsman, this letter,showed a complete ignorance
of my complaint, and proved to me he was in no way familiar with my
evidence. When I politely advised him of his errors, he wrote to
tell me not to write any more?
The Service Review Manager within the FOS was informed of these
facts, and his conclusion was that no procedural faults could be
found? My evidence was completely ignored, and replaced with
fiction and no procedural faults could be found? Furthermore, the
same manager, on being shown a letter from the bank, stating their
intention to CONTINUE their actions against me even during the FOS
investigations, commented to me in a letter, that the bank had the
right to do this! This is harassment as per the Harassment Act and
it was being condoned by the FOS. The bank threatened me throughout
this whole procedure?
The Information Commissioners Office gained many documents on my
behalf, that the bank refused to supply, amongst which, was the
document that the bank supplied to the FOS, this was accepted as
genuine, and on the strength of this document, I was refused an
investigation. How could the FOS accept a document that was never
presented to myself or solicitor via many requests for proof? The
Information Commissioners Office forced the bank ( after multi
requests were made) to release it 17 months later.( 17 months!
WHY?) Upon being expertly told that this document proved nothing of
the banks claims against me, I sent it to the bank for
clarification and identification. The bank declined to comment to
this request even though it was sent by registered mail direct?

This document then, was presented to the Independent Assessor for
his comments. I confirmed that the bank had refused to release this
document for 17 months, and that it was forced via Data Protection
intervention. I also informed him that the bank had delayed
progress even further by refusing to confirm its identity? I was
forced to consult expert bank advice on the credibility of this
document. I was told it could be easily created to order, and that
it contained no legal credibility whatever. This finding has been
agreed by other legal experts.INCLUDING A PROMINENT QC

The Independent Assessors response to this information?
" Sorry Cannot assist on this occasion- Too late! I have a 3 month
deadline".

You are stating that only a court of Law can take this further, I
need to know why such accusations of such serious nature, are not
within the sphere of influence of the CHIEF OMBUDSMAN? How are the
public supposed to understand or accept that the irregularities
outlined here, are not the concern of someone of integrity within
the offices of the FOS. None of those offices mentioned above above
have shown any regard for legal and honest investigations. They
seem delighted to quote their restrictions as though they have
performed their duty. I believe that any reasonable evidence
pointing to illegal activities, should not be subjected to time
limits. I believe that FOS officers in high management should know
the law if they are quoting it to the detriment of others and out
of ignorance. I quote the harassment by the bank condoned by the
Service Review Manager.Last but not least, I wish to inform you
that the facts I supplied the Adjudicator, those that she ignored
in favour of the bank, and in consequence allowed continued abuse
upon my family, have since then been proven true by Data Protection
intervention.

My questions are numerous, but essentially, I want to know why,
when you have a Chief Ombudsman - Service review team - Independent
assessor, you have no facility for investigating your very own
decisions when it is shown that you are clearly wrong.Or at the
very least receiving offers of proof so far ignored.

I want to know why members of the public are being told to go to
court against a bank, at great cost to themselves, possibly not
even affordable, because the offices above have failed either in
their duty, or due to restraints that this bank in particular has
found easily navigable to escape their illegal activities. It is
too easy for a bank to hold on to records being asked of them by
the Information Commissioners Office and know that after 3 months
the Independent Assessor will reject any request for help.

Yours sincerely,

Gordon Kerrison

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From: Locke, Jonathan
Financial Ombudsman Service Limited

16 January 2010

Thank you for your e-mail.

Based on what you have told me in this and your earlier enquiry, you
appear to have exhausted the general complaints process in terms of us
dealing with the complaint. In relation to our own internal complaints
process, this also appears to have been exhausted.

Whilst I would not wish to stop you from contacting the chief ombudsman,
the main reason for having the Independent Assessor is that he can view
complaints on an independent basis, looking from outside of the
organisation. If he has confirmed that he is unable to consider a
complaint or has provided his response to a complaint having
investigated it, there is nothing that could be added.

Your only other option would be I think to seek legal advice. As with
any business operating in the UK, all will most certainly have a
complaints process and once that has been exhausted, a consumer will
have some choices to make; either accept the decision, accept that the
matter will not be resolved through the internal/independent process or
that in respect of taking it further, they seek legal advice.

I think that in respect of your own concerns, that point may have been
reached. It is disappointing to know that you were unhappy with our
decision and that you were also unhappy with the outcome of your
complaint against the Financial Ombudsman Service. Your only option is,
to seek legal advice, if you wish to pursue the matter further.

I hope this additional and further information clarifies the position,
but I also appreciate that it is not the reply you were hoping to
receive.

Yours sincerely

Jonathan Locke
team manager

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From: Gordon Kerrison

19 January 2010

Dear Locke, Jonathan,
Thank you for your reply. Your response confirms to me that the FOS
and the Chief Ombudsman, either, do not have the powers of internal
investigations, or, that the autonomy bestowed upon the FOS allows
them the last word regardless of the seriousness of a complaint.

The Adjudicator in this case was determined to find in favour of
the bank, she would not be moved, and sufficient of my reasoning to
her has been borne out by the Information Commissioners Office
since. This was no simple error of judgement, and the facts bear
witness to this. My evidence was brushed aside, in the face of
overwhelming evidence of irregularities by this bank, and
perpetuated by this adjudicator.

The FOS claim of fair play and unbiased adjudication has been
shattered in this case.
In addition, the ability for an untrained in law, adjudicator to
examine a document that has the power to prevent an investigation,
and allowing continued and deliberate damage by this bank of such
magnitude as to cause my family to be made legally homeless is an
intolerable abuse of power in my opinion, and I cannot believe the
evidence available would not support such a statement.

I inquired of the FOS if the adjudicators/ Ombudsmen were legally
trained, I was told "Some have legal knowledge"?

I was also advised that no legally trained person would have
accepted such a document of very dubious origin, and especially
not,in support of Lloyds bank claims.Sandra Greene the Adjudicator
ignored bank threats and verbal assault reports to readily accept
this document?

The British people come to you for justice by way of a fair
hearing,and any person who abuses that very responsible position of
trust, as my evidence clearly shows, then those people involved, if
found to have abused that trust become unfit for office, and should
be removed from office without hesitation.

Being forced from ones home due to bank thuggery, is not a memory
one forgets, the willful acts that cause destruction of lives and
financial security leaves the victims with an overpowering desire
for justice, and for justice to be seen to be done, I am driven to
this end.

Yours sincerely,

Gordon Kerrison

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From: Locke, Jonathan
Financial Ombudsman Service Limited

19 January 2010

Thank you for your e-mail.

I think that based on your e-mail below, I can add nothing further. It
seems clear that you have completed the internal complaints process and
that of the Independent Assessor. I am unable to comment on his
investigation.

Yours sincerely

Jonathan Locke
team manager

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angela allgood left an annotation ( 2 April 2011)

Quote-marks My mother, aged 86, was invited to invest 90% of her life savings, i.e.£50,000-00, in a precipice bond, for which,documents showed Bradford & Bingley BS. (her I.F.A. under the F.S.A.regulations) recieved £1500-00. commission.After 12 months, the investment had lost £17,000-00. My mother was distraught on receiving this information, suffered a severe stroke, & passed away within a few weeks.As the only beneficary,at the end of the investement term, 3 years,I received the sum of £13,000-00. a loss of £37,000-00.on the capital.
I complained to the FOS. that this bond had been mis-sold.The reply I received, was that B&B. had NOT given advice, & HAD NOT received commission & could not make any further comments .
Some time later, I was able to prove that this commission had indeed been received,(the excuse from B&B was that they were were unaware of it at the time)
After contacting the service review manager at the FOS, it was suggested that I make a NEW complaint to the FOS.
My complaint read , "that as proven IFA, to my mother,& in accepting £1500-00 commission, B&B were negligent in their duty of care in NOT giving my mother advice".
After 20 weeks, my complaint was eventually aknowledged.After further delays, the Ombudsmans final decision,which beggars belief,was,"I cannot uphold your complaint,as B&B DID NOT GIVE ADVICE ! " She then went on to say that she could not make any further comments.

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