When Banks don't Act on FOS Findings

eskbanker

Still concerned about the tone of all this - the very phrase "I have spoken to my colleague in TSB" reeks of collusion rather than instruction.

The FOS adjudicator still seems to see herself as facilitating a negotiation rather than considering the evidence and issuing a finding/recommendation, so for her to simply pass on a statement that "They are not going to be making further payments for compensation beyond the £500 already paid in October" (when both she and her manager have already suggested that a significant further sum would be appropriate) again comes across as a very one-sided perspective....

Cotta

eskbanker wrote: »

Still concerned about the tone of all this - the very phrase "I have spoken to my colleague in TSB" reeks of collusion rather than instruction.

The FOS adjudicator still seems to see herself as facilitating a negotiation rather than considering the evidence and issuing a finding/recommendation, so for her to simply pass on a statement that "They are not going to be making further payments for compensation beyond the £500 already paid in October" (when both she and her manager have already suggested that a significant further sum would be appropriate) again comes across as a very one-sided perspective....

I spoke to her on the phone just now and asked that she make an official ruling on my case or refer it to the Ombudsman. Again she advised an Ombudsman ruling was not appropriate at this stage however agreed to consult her Manager at some point this morning to get guidance in making a final ruling. It definitely appears that she is keen to close this off speedily and I'm disappointed with her siding with TSB.

IanManc

I dislike the way that the adjudicator is continually saying that the case "needs to be closed off". This is putting pressure on you, which is wrong, and any need to close the case quickly is her issue, not yours.

I would have lost faith in the adjudicator by now. I would suggest that you have reached the point where you just say "Please refer this matter to the Ombudsman now" in response to whatever she says, so that she eventually does do that, and if it doesn't happen quickly enough for you I'd then ask her to explain the procedure for complaining about the FOS, which ought to concentrate her mind somewhat.

I think it has reached the point where the adjudicator is no longer independent but just wants to get rid of you.

eskbanker

As the defined FOS process is that a case can be escalated to an ombudsman if either party (complainer or financial institution) is dissatisfied with the final ruling from an adjudicator, perhaps it's worth simply saying to the adjudicator that she should go ahead and make her final ruling, making it clear that if you disagree with this ruling then you intend to exercise your right to escalate?

The increasing pressure to agree to close it off, even though some of the issues remain unresolved, is just another one of the ever-lengthening list of problems with the adjudicator's handling of the case....

Cotta

eskbanker wrote: »

The increasing pressure to agree to close it off, even though some of the issues remain unresolved, is just another one of the ever-lengthening list of problems with the adjudicator's handling of the case....

In TSB's view the unresolved issues are all resolved.


- Online access - not their fault.
- Missing interest will be posted out.

eskbanker

Cotta wrote: »

In TSB's view the unresolved issues are all resolved.


- Online access - not their fault.
- Missing interest will be posted out.

But of course the role of FOS is to understand each party's perspective and make a decision, so if you put up a decent counter-argument to TSB's assertions then that should convince the adjudicator (or ultimately the ombudsman) to see things your way.

Having to close down an account and issue a cheque really should be seen as an embarrassing climbdown for TSB rather than vindication that it's not their fault, and if extensive and repeated troubleshooting by a specialist consisted largely of resetting a password then that tells its own story!

masonic

complaint.info at financial-ombudsman.org.uk

Dear Sir/Madam,

I wish to make a formal complaint regarding case XXX, which is currently being adjudicated through your office. The Adjudicator involved is refusing to make a decision, despite us reaching an impasse over compensation, which her manager described as "quite low". I believe she is biased towards TSB and is unfairly pressuring me to close the case even though I remain unhappy. She has accepted demands imposed upon her by TSB without question, but has refused to accept any of the suggestions I have made.

I have lost confidence in this Adjudicator and request that she issue her final decision so that I can reject it and have my case reviewed by an Ombudsman as is my right.

Yours Faithfully,

Cotta

eskbanker

I like the letter but personally would consider keeping my powder dry at this stage and just get to the final decision (coming soon anyway) before outlining a range of detailed concerns about the outcome and (lack of) resolution when escalating to the ombudsman, and then potentially another range of concerns about the adjudicator's conduct in a formal complaint at a later stage.

FOS always advise that complainants should exhaust an institution's complaints process before escalating to FOS, so there is an argument that going through the FOS's process should be completed prior to raising any formal complaint about how they've handled it.

Cotta

This saga goes on, the below arrived in my inbox at 5pm.

Dear Mr. Cotta,

I'm sorry to learn that you're unhappy with TSB's offer. As advised earlier we are not at the stage of referring this to an Ombudsman, however my Manager is deliberating with me in relation to a final response. Additionally as outlined previously I'm recommending compensation to the value of £75 be awarded on top of what TSB have offered.

It is being placed on record that you were unable to outline a workable and evidenced compensation request. I feel using the previous £500 as a baseline to request the same amount again stating you were at least doubly inconvenienced was a misguided approach.

Finally a conversation with my colleague at TSB has outlined they now feel that since you've been locked out of your account for so long you should be reliant without it, therefore negating the impact this has on you. TSB have also asked why if the funds were needed so urgently did you open the account for its saving's rate? This leads them to believe this was a holding /saving account and not one for regular expenditure.

I have now exhausted my avenues of resolution and once my Manager approves the final response it will be sent to you.

Kind Regards
FOS

masonic

Cotta wrote: »

TSB have also asked why if the funds were needed so urgently did you open the account for its saving's rate? This leads them to believe this was a holding /saving account and not one for regular expenditure.

I suppose in the parallel universe in which they reside, they issued you with a debit card and allowed to you make payments in and out of the account - you know, those things that are pre-requisites of using it as your main account.

If you were just in it for the savings, your balance never would have exceeded £1,500.