1) is this legal i.e. the Bank offering monetary compensation provided I don't pursue this any further.
I would not ... publicise it in any way to any third parties
see [broken link removed]Final Response from the Financial Service Provider
Upon receiving written notification of the complaint and request for a Final Response from the Complainant, the Provider has 25 working days in which to try to resolve the complaint by its internal complaint procedures. If at the end of the twenty five working days, a resolution has not been attained, a Final Response letter must be issued to the Complainant by the nominated member of senior management. (If the Provider requires more time to review the complaint, for example if it requires the Complainant to undergo a medical examination, the Bureau must be notified of same).
The Final Response letter must:
* Contain a detailed account of the dispute at hand
* Address all issues outlined in Complainant’s Complaint Form
* Quote the applicable loan contract terms/policy conditions/terms of business etc
* Give details of any redress offered to the Complainant by the Provider
* State that it is the Final Response of the Provider for the purpose of referring the matter to the Financial Services Ombudsman's Bureau
* Advise the Complainant that he/she hashere 25 working days from the date of said Final Response to refer the matter to the Financial Services Ombudsman's Bureau for investigation
Were the banks letters sent "Without Prejudice"? If so you won't be able to show them to the FSO.
Were the banks letters sent "Without Prejudice"? If so you won't be able to show them to the FSO.
Is there a legal basis for this restriction? What's to stop a consumer showing such letters to the FSO?
In many common law jurisdictions such as the UK, Ireland, Canada, Australia, New Zealand and Singapore, the term "without prejudice" is also used in the course of negotiations to indicate that a particular conversation or letter is not to be tendered as evidence in court. Such correspondences must be made in the course of negotiations and must be a genuine attempt to settle a dispute between the parties. It may not be used as a façade to conceal facts or evidence from the court and as such a document marked "without prejudice" that does not actually contain any offer of settlement can be submitted should the matter proceed to court. Courts may also decide to exclude from evidence communications not marked "without prejudice" that do contain offers of settlement.
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