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Campaign to make the FOS accountable under the law

In my humble opinion, the point that your contributors on the Heather Moor & Edgecombe saga and our learned friends in the legal profession seem to miss is that the Financial Ombudsman Service is above the law.

That was determined under the judicial review in the case of IFG Financial Services Ltd v Financial Ombudsman Service in 2003.

It was ruled that “The FOS does not have to make a decision in accordance with English law.”

That must surely include the Financial Service and Markets Act 2000.

In other words, the FOS cannot even be bound by its own rules and regulations.

As I have found out to my cost recently in the case of Jabbar v John Davidson T/A Davidson Business Services at the Peterborough county court, an FOS “award” can be enforced by the county court without requiring a hearing.

In the above mentioned judicial review it was also determined that the FOS can make an award that a county court would not have the power to make.

That could lead to two different judgments at a county court, depending on whether a client took their case directly to the county court or via the FOS first.

This is a deplorable state of affairs in a supposedly free and democratic society. We should all be badgering our MPs for a change in the law – I am already.

John Davidson



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