[*Example letter to the Financial Ombudsman Service
(FOS) where the FOS suggest a NEW complaint has to be started].
*[INSERT YOUR NAME]
South Quay Plaza
183 Marsh Wall
Unfair overdraft charges: FOS complaint reference [INSERT YOUR FINANCIAL OMBUDSMAN SERVICE REFERENCE AND YOUR NAME AND ADDRESS]
I write in response to your letter advising that I must contact my bank with respect to the ‘new’ grounds of my complaint, so that it may ‘investigate’ these.
Please note these are not ‘new’ grounds, rather I have been required to amend or update my existing complaint to take on board a change in the law from the case of OFT v. Abbey National plc and others  UKSC 6.
In light of the Supreme Court’s decision, I have simply alerted you to what I now understand to be the relevant law which applies to my complaint, and which provides authority for the proposition that these charges were unfair.
In determining a complaint , I understand that the Ombudsman will have reference to what is ‘in his opinion, fair and reasonable in all the circumstances of the case’. DISP 3.6.4 of the FSA’s Handbook provides that in considering what is fair and reasonable, ‘the Ombudsman will take into account: (1) relevant law and regulations’.
Accordingly, I would be grateful if you could now proceed to determine my complaint, having regard to what I now understand to be the applicable law which supports my view that these charges were unfair.
If any further information is required please let me know. I look forward to your written reply.
This letter is provided for illustrative and information purposes only. In using any part of this letter the user agrees that he or she shall obtain their own independent legal advice, and accepts that they shall not treat or use this letter as legal advice. The user accepts that any use of any part of this document is done at their own risk and subject to the terms of this disclaimer. © Dailly & Co., Solicitors at Govan Law Centre, Glasgow, 2010].