When Banks don't Act on FOS Findings

Cotta

The adjudicator only sent a brief message today to advise that TSB were deliberating and she was awaiting a response.

Cotta

The Adjudicator has been in touch to advise that TSB have indicated to them that when we spoke last week I advised I was not in front of my desktop. I have now indicated that I want this call listed to as I was in front of my desktop and never advised otherwise, I even arranged to leave work early to accommodate TSB, to say I am furious is an understatement.

HampshireH

Cotta it may be worth downloading one of the call recording apps for your conversations with them.

You can advise them at the beginning of the call the call is recorded at your end as well as theirs. They have given you good reason to feel the need to go down that route.

masonic

HampshireH wrote: »

You can advise them at the beginning of the call the call is recorded at your end as well as theirs. They have given you good reason to feel the need to go down that route.

It's unlikely they will continue the call if you notify them you are recording it.

Cotta

Where do I go from here then?

eskbanker

Cotta wrote: »

Where do I go from here then?

'To the ombudsman' is something of a recurring theme, but you could revert to the adjudicator strongly refuting TSB's claim and suggesting that she should get hold of the call recording from TSB, which will obviously be yet more ammunition in your favour.

I thought she'd been the one who wanted to move away from daily updates?!

Cotta

I have just spoken to the adjudicator and advised that I want the call listened to and this referred to the Ombudsman, a formal response will be coming my way later today.

EachPenny

masonic wrote: »

I think you need to insist this goes to an Ombudsman without further delay, citing lack of confidence in the ability of this Adjudicator to handle the complexities of this case. I'd be considering raising a formal complaint against this Adjudicator based on the latest response you have received.

From my own experience in a similar kind of headbanging situation I'd agree 100% with pushing it on to an Ombudsman at this point.

I'd also say that a (justified) complaint against an adjudicator was an effective way of getting the issues taken seriously, and in my case led to a modest sum of compensation from the FOS... if they are not willing or able to get TSB to cough up then that might be a reasonable alternaive solution in your case Cotta.

The message from the adjudicator is effectively accusing you of 'dictating', and the request for 'patience' in the circumstances is absurd. There are some very simple solutions to the problem being discussed, yet TSB are not adopting any of them, and are using a flimsy excuse of "procedure".

As for £500 being "grossly high", the TSB compensation thread indicates that several people got £150 or so simply for submitting a complaint, although there is apparently wide variability in what people are getting for similar kinds of problems.

If £150 is what someone gets for not being able to log on and make a single transaction on one occasion, then £500 is insultingly low for all the hassle you've been through.

Good luck, and keep on fighting. You really deserve to be treated much better than you have been - by both TSB and FOS.

Cotta

A formal response below:

Dear Cotta,

As we approach the four months since I made my decision, it is deeply regrettable that the issue is ongoing. I wanted to give an update of sorts following our discussion this morning and about your ongoing concerns which I will address individually below:

• You have stated this should be referred to an Ombudsman, however this is not a pragmatic approach at this stage as you accepted my initial ruling back in August and as I have reserved judgment on my final ruling until all issues are resolved. Additionally it will take up to six weeks to reach a Ombudsman which will further delay this case and they won’t be able to do anything more than I am.
• As advised this morning, TSB have said you did the troubleshooting on a phone rather than a desktop, however as you advised TSB called your mobile and you made preparations to leave work early so that you would have your laptop available. Unfortunately I do not believe external IT calls are monitored with TSB so it would be you word against theirs and at present they want further troubleshooting carried out.
• The referral bonus has been paid after a seven month delay and under the extreme instructions of FOS.
• The address issue was also corrected after many delays and again from the direction of FOS, however further mailing breaches may have occurred.
• The £500 compensation was paid in full after a delay eight weeks, TSB are currently reluctant to pay further amounts and are refusing to pay any missed interest that would have accumulated on this award.
• TSB have advised that they have posted your new debit card and PIN to the correct address twice now which you have still not received – we are unable to take any action here or penalise TSB in anyway.
• The online issues with your account have been worked on by TSB and whilst you have worked with TSB and provided several snapshots of the error, TSB are unable to resolve this issue. I understand that since the last issue your settings are now different which has caused issues to your ability to carry out telephone banking.
• TSB are unable to locate calls you made to them when you were put on hold or told they could not talk to you due to FOS handling your case, in this instance we unfortunately cannot act.
• As of today TSB have indicated that the two direct debits on your account (approximately £15 each) have always worked throughout the process so it is incorrect to say you have no bank service. Furthermore they have advised that your funds peaked at a level of £2600 and they do not believe the loss of this funding is causing significant issues to you as this is in the “bottom quartile,” I am not fully satisfied with this feedback.
  
  I recently advised you that this case cannot go on indefinitely and you need to think about an appropriate conclusion and I have put forward some thoughts on this to you. On Friday you indicated you were willing to waive your additional levels of compensation and interest just to get your account back within the next “few working days”. I have ran this past my Manager who has advised that next Friday the 14th is likely to be the last full working day for most until early January, therefore it is unlikely your funds will be returned before then. My Manager has stated that you should make alternative provisions for spending including Christmas, as access to your funds with TSB is unlikely. My Manager has further suggested my recommendation for compensation was “quite low” and whilst we will be instructing TSB to award additional levels of compensation, my Manager has stated that for a full resolution in January 2019 you need to come up with some figures and our office will act as a mediator to get this issue closed off.
  
  
  Please give this email some serious consideration
  
  
  Regards
  
  FOS
  

JuicyJesus

It's not for them to say you can't or shouldn't escalate to an Ombudsman. "Pragmatic" or not.