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QLD May we sue the bank ourself?

Discussion in 'Australian Consumer Law Forum' started by Tik, 17 June 2017.

  1. Tik

    Tik Member

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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?
     
  2. Rod

    Rod Well-Known Member

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    Quite likely, unless you signed something saying otherwise.
     
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  3. Tik

    Tik Member

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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.
     
  4. Rod

    Rod Well-Known Member

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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.
     
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  5. Rob Legat - SBPL

    LawTap Verified Lawyer

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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?
     
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  6. Tik

    Tik Member

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    Hi, thank you so much guys. You are very helpful. Wish you all the best.
     
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