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Adviser starts fund to fight FOS on case fees

Adviser firm Heather Moor & Edgecomb has started a fighting fund to raise money for its court battle against the Financial Ombudsman Service.

The firm, run by Brian and Dolly Pickering, won a county court case against the FOS after refusing to pay case fees for complaints that were not upheld by the FOS. The judge ruled that it is “unfair in principle and in practice” for the FOS to charge case fees where complaints are rejected. The FOS’s appeal against the decision will be heard in the court of appeal this month. Heather Moor & Edgecomb could be liable to pay the FOS costs if it loses the appeal.

The adviser firm is also seeking a judicial review against the FOS over an adviser’s right to have an oral hearing. Dolly Pickering says all money raised will be held in trust and used to pay legal and publicity costs.

She says: “We have had important initial successes and the FOS is now fighting us in the appeal court. It is in all advisers’ interests that we are able to fight these cases properly with a QC to represent us.”

Contributions can be sent to Awdry Bailey & Douglas Solicitors, Westhill House, 4 Market Hill, Calne, Wiltshire SN11 0BU.

Cheques should be made payable to the Heather Moor & Edgecomb Ltd Trust Fund.

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