FOS Upheld but bank have not responded

allybally1963

The FOS upheld my complaint and gave the Halifax 8 weeks to respond to the letter sent to them by the FOS . The FOS sent me a letter saying they are still waiting on a response from Halifax but I haven't heard anything from the Halifax and the 8 weeks to respond has now passed. What would normally happen next ?

-taff

Now you wait.

Pink1808

Having the same problem with Barclays FOS upheld on 15th June and I didnt hear anything else so gave unitl 15th july a e mailed FOS to be told they are still waiting for a reply from Barclays so every week from then to be told the same thing again and again so this week I phoned and got told that infact Barclays had replied on the 25th June asking for proof of employment stauts and nobody had asked me to surply this nearly 2 months later !!! so keep at the FOS and make sure you speak in person because you don't always get the full story via e mail

quidsy

Unfortunately this is a waiting game. The banks have so many claims now that it is no wonder that they are unable to meet deadlines.

I would leave it another couple of weeks then start calling up every week or so & politely inquire what the h is going on.

hopeless3

We are having the same problem with the Halifax after the fos upheld our complaint, 16 weeks have passed and after 3 phone calls to the Halifax they are still not playing ball, telling us its getting dealt with then its in the calculation process then last week saying if we have a problem then we should call the fos which we have done and they said we should hear a response soon!! fingers crossed

cing0

The FOS know from the hundreds of other Lloyds banking group cases that Halifax are very much alive and well.

If allybally1963\u2019s complaints is an adjudicators assessment, your screwed coz when you try to enforce it, Halifax will disagree making the case go to final decision (more waiting).
If allybally1963\u2019s complaint has been upheld by Ombudsman, make sure the FOS have sent your signed acceptance form to Halifax and do one of 2 things:

1. Enforce the decision in the court, warning Halifax you will claim costs as well.
2. Take out a loan with Halifax and then write to them telling them you are setting this FOS decision off against your liability to them (loan).

Because of the unusual way the BBA and FOS agreed to process PPI claims, neither of these options are practically viable as you get the offer following agreement to settle. This is not the process in other complaints at the FOS (you thought the FOS were impartial, didn't you ?).

Otherwise, as the other posters have said, you wait. When you get your money, you complaint about the FOS that they knew all along Halifax were stalling.

As Pink1808 stated, the FOS are usually at fault but keep it in email as you won't remember the phone call or have a copy of what was said. A rough quote from a FOS head of casework teams is that is better for the customer to be inconvenienced by the FOS than them doing the work they are paid to do.

With regards to time scales within the FOS, each party is given 2 weeks to respond to any correspondence & the bank has 6 weeks to pay settlement.

hopeless3

quick update on my Halifax ppi, finally got the offer letter today so hang on in there, :beer:

boneofo

Anybody who is also in this situation can email [EMAIL="ombudsman.support@financial-ombudsman.org.uk"]ombudsman.support@financial-ombudsman.org.uk[/EMAIL] and ask what the time limits are from rule 3.5.14 of FCA (DISP) - http://fshandbook.info/FS/html/handbook/DISP/3/5

JackieSparkle

Thanks Boneofo, I've just sent an email to FOS asking about time limits together with your link.

We received a letter in Dec 2012 saying that the FOS were upholding our complaint against MBNA and were asking them to respond. It's now August and we're still in the same position! I've emailed them every couple of months during this time with always the same reply "we are currently awaiting MBNA's response to our initial assessment in which they will notify us of whether they agree or disagree with our initial decision to uphold your complaint".

This is a ridiculous time-wasting tactic on MBNA's part and I can't believe the FOS can't force them accept their ruling.

So frustrating!