The following are extracts from a report and a Daily Telegraph article of 26 February 2000 regarding the case.

COURT VICTORY OVER THE HALIFAX!

In February 2000, David Gledhill, a serving officer in the British Armed Forces, returning from temporary duty in the United States, sued Halifax PLC through the UK Small Claims Court for their unpaid free conversion shares and won. Both David and his wife had been loyal Halifax customers for 17 years.

"... attempts to make Halifax see reason were ignored. The regulatory authority in the form of the Building Society Ombudsman refused to address the complaint, as matters concerning windfall share issue were outside his remit. Moreover, the Banking Ombudsman was reticent in addressing similar cases and David found that the only option available to him was to sue through the Courts."

"... I trusted the Halifax, you don't expect to have to keep notes and records of everything a trusted financial institution says to you."

Full report of the lawsuit at:

http://www.rain.org/~jmhmps/report59.html

In my opinion the Banking OmbudsmanBs reticence may only contribute to the perception that it is not as independent from the banks as it should be. After having discovered additional facts about the structure of the Office of the Banking Ombudsman, I am now VERY concerned just how impartially my case might be dealt with if I do in fact decide to lodge my complaint against the Halifax with them. Their attitude to tribunals may possibly mean, that under the Human Rights Act, the only way I will get a fair oral hearing is via the courts.

Regarding the trust that may be placed in financial institutions, I would recommend that everyone should keep notes and records of everything any lender says to them.

-- Tony Hayter (Tony@Hayter.com), November 05, 2000

Answers

Is it true that the Building Societies and Banking Ombudsmen Offices are registered companies, with directors who are managers and executives of building societies, banks etc etc? If so, how on earth can they be said to be impartial and independent? I'm not surprised that the Treasury Select Committee reports that the FSA get masses of complaints about Ombusdsman decisions. Plus, I detect a certain reluctance by Ombudsmen to allow complainants their rights to tribunal hearings under the Human Rights Act. Hmm.

-- Eleanor Scott (eleanor.scott@btinternet.com), November 05, 2000.