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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Oh dear. Further to our original conversation (attached) the

Resolved Question:

Oh dear. Further to our original conversation (attached) the FOS adjudicator assigned to our complaint has written to say that in her opinion the new agreement should stand! How do we challenge her decision and insist that it be set aside as it is not legally enforceable please? Do we simply ignore her opinion and send a solicitor's letter to the bank? Take the bank to court? Sue the Relationship Manager personally?
Submitted: 1 year ago.
Category: Law
Expert:  UKSolicitorJA replied 1 year ago.
If this is not the final decision, you should write back to the adjudicator explaining that you disagree with her initial finding and ask that the ombudsman look at the matter. The adjudicators decision may be reviewed by the ombudsman, they are different people.
You should not accept the decision and you may go to court if you so wish. A solicitors letter to the bank should be done before going to court.
All the best
Customer: replied 1 year ago.
Thanks, again!Yes, the adjudicator has offered that - "In every case, both the business and their customer can ask an ombudsman to make a final decision. But I think it's unlikely the outcome would be different - unless there's any important information that you haven't already given us". I have no idea what could be more important than the agreement being unlawful and her saying it should stand!!Are you able to write to the bank if the ombudsman sides with the adjudicator please? Or would I need to get a local solicitor?
Expert:  UKSolicitorJA replied 1 year ago.
You need to get a local solicitor to do that as this is an online service.
All the best
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Shame - you're the best!
Customer: replied 1 year ago.
Sadly, the Ombudsman has decided the agreement IS lawful, in that we are a business partnership with a secured business loan from Lloyds which means we aren't treated as consumers. So I could sign business agreements which bind both of us... Damn!
Expert:  UKSolicitorJA replied 1 year ago.
Hello,
That is not the news I was hoping to hear. The legal argument is based on no meeting of the minds to form a binding contract, it has nothing to do with whether you are a business or a consumer.
See here, especially element 3 which requires consensus or a meeting of the minds to have a valid enforceable contract.
http://kevinboone.net/contract_law_in_ten_minutes.html
You still have the option to go to court if you wish!
Customer: replied 1 year ago.
You're good! Thanks, ***** *****