This complainant says FOS has not followed common law and has made an FOI request for FOS’s definition of fraud.
“I would like to request a response to what your definition of fraud
is and why you continue to ignore British law in favor of the
large corporations rather than the consumers. This is the second
time I have been falsely accused of fraud by PayPal and you have
It is a long standing criticism of FOS that, whilst it should take account of the law it is not obliged follow to it. The quote below is from an excellent Lexology article which gives a simple briefing of how FOS works.
“Under the FCA’s Dispute Resolution: Complaints Sourcebook (“DISP”), the FOS is required to take into account the law, rules, codes and good practice applied at the time of the event complained about when reaching its decision, but is not bound by legal precedent and can choose to discount previous court decisions.”
The new FOI request has a link to a petition calling for FOS to adhere to common law
Link to FOI request