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Application no. 1550/09 by HEATHER MOOR & EDGECOMB LTD against the United Kingdom lodged on 19 December 2008
The applicant, Heather Moor and Edgecomb Limited (HME), is a company based in Wiltshire. The application was lodged on its behalf by Mr B. Pickering, its managing director. The applicant is advised by Mr A. Speaight Q.C., a barrister practising in London.
The facts of the case, as submitted by the applicant, may be summarised as follows.
FOS sent the complaint to HME and requested copies of the relevant documents and any evidence that the company wished to have taken into account. HME initially asked that the complaint be dismissed without consideration of its merits. It subsequently provided the requested documents and submitted a detailed outline of its case, by letter of 2 February 2004.
HME disagreed with the adjudicator's opinion and gave a substantial response to it by letter dated 6 August 2004. It argued that since the amount involved greatly exceeded the maximum amount that FOS could order a firm to pay a complainant (GBP 100,000), FOS should decline jurisdiction so that the complaint could be determined in court. If this was not accepted, HME requested an oral hearing to establish the facts of the complaint.
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