QLD May we sue the bank ourself?

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Tik

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17 June 2017
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Hi, we were treated unfairly by a bank. We do not agree with FOS's determination. May we sue the bank ourself?
 

Rod

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Quite likely, unless you signed something saying otherwise.
 

Tik

Active Member
17 June 2017
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Thanks Rod. We are in Queesland. We are thinking about to consult a lawyer then lodge the documents ourself. It would be great if we could have any suggestion what to do.
 

Rod

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Consulting a lawyer is a good first step. Getting a second opinion is even better.

Decide what to do after talking with the lawyer/s. It is not normally a trivial exercise taking on a bank but if you do, be prepared for an appeal if you win the first round.
 

Rob Legat - SBPL

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16 February 2017
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By default, a consumer can take legal action if they disagree with a decision of either FOS or CIO - the scheme member (ie the bank) is bound by it. So you certainly can take action against the bank. However, I do suggest you get some detailed advice before doing so. FOS, unlike a court, is not bound by the rules of evidence, and can be more flexible in their decision making. Any advice should include a thorough dissection of their decision and why it may be deficient.

Are you able to give a short overview of the nature of your complaint?
 

Tik

Active Member
17 June 2017
9
0
31
Hi, thank you so much guys. You are very helpful. Wish you all the best.