
They question why, given the new duties to protect consumers, can’t consumers sue for breach?
Brown and Campbell write: ‘In the event that the Financial Ombudsman Service does not consistently provide redress for consumers either for breaches of the Consumer Duty or the reimbursement rules, creative claimants may need to pursue remedies through the courts (such as the embryonic “retrieval duty”) to resolve disputes. Arguably, it would be more effective to simply provide a private right of action now…’