Advice on Suing a bank

S

soloeffort

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I have had a small run in with the bank.
In short, the bank deducted a payment from me without authorisation which, subsequently led to me being in Spain with no money. This error is debit was highlighted to the bank a week previous, evidently no action was taken.
Whilst in Spain, my funds quickly dried up and I was left with no option that to sleep on the streets, and hitch a ride back to the airport so I could get home. The bank have admitted error and have offered compensation in the sum of €250, which will not cover the phone costs that I incurred (to the Bank) during my stay in Spain.
The compensation that I am looking for is enough for me to purchase five days vacation (unpaid leave), rebook flights, hotels, accommodation etc. Do you think that this is an avenue that I should pursue or should I let the sleeping 'dogs' lie.

Cheers

Sami
 
There is no need to sue the bank. This is a perfect case for the Financial Services Ombudsman who will adjudicate on it for no charge to you. He will also adjudicate it very quickly.

Brendan
 
But the FSO will not cause adverse publicity for the bank, like a district court case would. How long would the FSO take to rule and is his ruling binding?

I am sure the threat of a court action would make them settle quickly too.
 
bond-007 said:
But the FSO will not cause adverse publicity for the bank, like a district court case would. How long would the FSO take to rule and is his ruling binding?
Click to expand...
I initiated a complaint against Equitable Life at the start of 2007 and the FSO found in my favour on part of the complaint and the matter just became binding in the last week or so. See here. FSO final decisions are binding subject to appeal to the High Court. The [broken link removed] has lots of useful information about the complaints procedure, timeline etc.
 
I don't agree with the approach "Whether or not I have a case, I will go to Joe Duffy or the courts so you have to settle with me because of my nuisance value".

If you have a case, the Ombudsman will find in your favour. If not, he will dismiss your claim. I would suspect that the courts would take a dim view of people not using the Ombudsman's service which is consumer friendly and designed for exactly these complaints.

Brendan
 
In my case the FSO process was a bit long drawn out but that was not their fault and they kept me updated with progress all the way along. In my experience the process seems pretty consumer friendly.
 
Just one caveat re Ombudsman- his office is funded directly by the banks!

Besides that, as Clubman says etc, you should exhaust this route first and also make a request under Data Protection Act for info held by the bank- the result will be that if you pursue the matter later with solicitor, you will have a full case file ready!
 
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