Problems with Direct Debit

On 24 June 2013 16:32, FSO Agent <fso.agent@financialombudsman.ie> wrote:
Hi Keith,

I will have a formal letter out to you tomorrow.

Regards,
FSO Agent.

From: Keith Burke [mailto:ranger.email.address]
Sent: 14 June 2013 16:01
To: FSO Agent
Subject: Re: Ref : 12/69845

FSO Agent,

Thank you for your update. I note that there is no answer to why the audited accounts are required. To this end, I tore my house apart and found them. Please find attached audit accounts for 2011. I hope you take this into account and pursue all complaints against Bank of Ireland Group.





Keith Burke
--

Dear Mr Burke

Please note that the above complaint reference number relates to conduct complained of relevant to the account of <REDACTED> only.

Conduct relevant to your personal account is to be examined under complaint reference number 12/69845.

I note that the complaint has not been resolved, even after the matter was referred to the internal complaints procedure of the Provider and the Provider issued its Final Response. Before it is decided to investigate the complaint in detail I now wish to invite you to consider mediation of this dispute.

Mediation is an informal process, whereby a mediator in this office would be assigned to engage with the parties to try to facilitate an agreed settlement of the complaint. Mediation is independent of the adjudication process, confidential and without prejudice. The Mediator is provided by this office, free of any charge to the parties and nothing is binding unless both parties agree to the outcome (Mediation Guidelines are attached for your information).

Participation in the mediation by the parties to a complaint is entirely voluntary and to enable mediation to proceed, both parties must be willing to engage in the process. I should state that any costs for travel, professional fees, etc incurred by you in the mediation process cannot be borne by this office.

I would therefore be grateful if you would reply in writing or by email within ten days indicating whether or not you wish to participate in such mediation. If I do not hear from you by that time, then the matter will be referred to investigation. At this stage, I would be obliged if you would also submit all relevant documentation not previously submitted in support of your complaint.

Mediation Guidelines wrote:

Financial Services Ombudsman’s Bureau Mediation Guidelines

1. Where appropriate, Mediation is an alternative method of trying to resolve complaints.

2. It is a process where the parties to the complaint try to reach a solution through agreement with the assistance and support of a mediator rather than through an immediate investigation of the complaint and a decision from this Office on the complaint.

3. If a mediation is to take place, BOTH parties to the complaint must be willing and elect to participate in mediation. If one party wants to mediate the complaint and the other party does not, then no mediation will take place and the matter will proceed to investigation and adjudication.

4. Mediation is an option that is available to both parties. It is a voluntary stage in the handling of a complaint by this Office. Parties to a complaint are not obliged to partake in mediation if they do not wish to.

5. If BOTH parties decide to attempt mediation, the complaint will be assigned to a mediation officer (the “Mediator”) whose participation is free of any charge.

6. The Mediator will then contact both parties to schedule the mediation.

7. Generally speaking, mediation typically involves meeting(s) between the Mediator and both parties. The venue for any mediation meeting will be decided by the Mediator and the date and time of any meetings will be decided by the Mediator, having consulted with both parties.

8. Mediation is an informal process. It is also confidential and is conducted in private.

9. The Mediator’s role is to try to facilitate an agreed resolution of the complaint between the parties. The Mediator is not a decision-maker (unlike a Judge).

10. The Mediator is independent. He/she does not act for (or side with) either party to the dispute. His/her role is to independently assist both parties in reaching an agreed resolution of their differences.

11. Participation in a mediation by the parties to a complaint is voluntary and a party may withdraw from the mediation at any time.

12. If either party chooses not to engage in mediation, then the complaint will be dealt with by the Office by way of investigation and adjudication.

13. If both parties agree to mediation, but during the course of a mediation, either or both of the parties withdraw from a mediation or if the Mediator forms the view that the attempt is not likely to succeed or if the attempt to resolve the complaint by mediation is unsuccessful, then the mediation will come to an end. Both parties will be informed by the Mediator that the mediation is at an end and the complaint will then be subject to investigation and adjudication by this Office.

14. If, during the course of a mediation, the parties reach an agreement to resolve the complaint and both parties agree the resolution/outcome, then that agreement will be recorded in writing, signed by both parties and will become legally binding on the parties. The complaint will be at an end and so it will not be referred to investigation and adjudication (final decision) by this Office.

15. It should be remembered that in a mediation, a party cannot be forced to accept a settlement/outcome. The Mediator will not impose a decision on the parties. Both parties must voluntarily agree the outcome.

16. The Mediator has no authority to settle the dispute himself/herself or to act on either party’s behalf.

17. Evidence of anything said or admitted during a mediation (or an attempted mediation) and any document prepared for the purposes of the mediation, are not admissible in any subsequent investigation of the complaint or in any proceedings before a Court. If however during the mediation an agreement is reached between the parties, that agreement will be recorded in writing, signed by both parties and will then be legally binding.

18. It is not possible to advise how long a mediation might last. It will depend on a number of factors, including the attitude of the parties involved in the mediation and the progress (if any) being made at a mediation.

19. Any costs or expenses incurred by either party to a complaint by participating in the mediation process will not be paid for by the Mediator or this Office. Any such costs/expenses are a matter for the party who incurs the costs/expenses to bear himself/herself.

RangeR wrote: »

If you refuse DD+, would they not then offer standard vanilla DD?

Finance Minister Michael Noonan has given the Financial Services Ombudsman the power to ''name and shame'' financial service providers who have at least three complaints against them substantiated.

The Minister said he had today signed a Statutory Instrument commencing section 72 of the Central Bank (Supervision and Enforcement) Act 2013.
Mr Noonan said that this additional provision will mean that financial service providers who are failing their customers will be publicly identified and incentivised to make real improvements.

The section will come into effect on September 1.

The Financial Services Ombudsman, Bill Prasifka, has made repeated calls for the power to name and shame financial service providers.
In the past he had said that naming banks that are the subject of complaints to his office would create a "virtuous competition" in the institutions' behaviour towards customers.

He said making the complaints record of individual banks public would influence how they behave.

Mr Prasifka said the measure would be in the public interest, could be done at no cost to the exchequer, and should have been introduced a long time ago.

In a statement today, Mr Noonan said he understands that the Ombudsman intends to publish his first report with the names of those offending financial services providers early next year.