When Banks don't Act on FOS Findings

Cotta

eskbanker wrote: »

I wasn't actually saying that escalation to an ombudsman at that stage would have appropriate, although with hindsight perhaps it would have been a more obvious move given what subsequently became clear about the intransigence of both TSB and the adjudicator.

I can't see much point in hypothesising about what might have happened then, but looking forwards, let's see (a) whether TSB object to the adjudicator's final decision, (b) what the ombudsman decides if they do, and finally (c) how TSB reacts to that....

Yes for example is TSB come back and reject the adjudicator's ruling, it goes to the Ombudsman and they agree with the adjudicator and give TSB three weeks to pay the compensation. If after three weeks there is nothing from TSB, is the Ombudsman in a position to award more compensation or is this the stage where is goes to court for the original amount?

eskbanker

Cotta wrote: »

Yes for example is TSB come back and reject the adjudicator's ruling, it goes to the Ombudsman and they agree with the adjudicator and give TSB three weeks to pay the compensation. If after three weeks there is nothing from TSB, is the Ombudsman in a position to award more compensation or is this the stage where is goes to court for the original amount?

I really wouldn't tie yourself in knots speculating about what may happen in an unlikely future scenario (despite what's gone before)! My understanding is that additional compensation simply for a delay in paying compensation is far from automatic, and whether or not you choose to pursue them in court will also depend on circumstances at the time (e.g. wilful refusal/objection versus minor processing/admin error), so trying to second-guess everything in advance is unlikely to be a useful exercise and I'd strongly recommend just letting things take their course, if it goes to an ombudsman in the first place of course....

masonic

Cotta wrote: »

Yes for example is TSB come back and reject the adjudicator's ruling, it goes to the Ombudsman and they agree with the adjudicator and give TSB three weeks to pay the compensation. If after three weeks there is nothing from TSB, is the Ombudsman in a position to award more compensation or is this the stage where is goes to court for the original amount?

This is the point at which you tell the Ombudsman that you want TSB reported to the FCA for breach of regulatory requirements and you file a moneyclaim online to pursue the debt and costs through the small claims court.

Interestingly, there was some discussion about avoiding the Ombudsman altogether and going straight to the small claims court on this week's FT money podcast. There was an interesting anecdote, not relating to a bank, but involving a hotel that clamped a guest's car. The guest complained, then filed a claim in the small claims court, which was also ignored, so he got a bailiff sent over who started trying to seize a TV during the showing of a world cup game. Suddently the cash plus fees and expenses appeared.

https://www.ft.com/content/8a95599d-5163-4245-bc4b-b29c19b46f3e starts at 17:22

NewToTheUkAgain

OP - Just got round to reading the thread, well done for hanging in there and having the patience of a saint!

I think I would of lost all the hair I have left by now!

Cotta

I received an unexpected call from FOS today to enquire if TSB have made the compensation paymens as of yet. The adjudicator was quite surprised when I said no as she was expecting the payments to have been paid immediately. In sumising she advised they maybe having problems working out the interest and asked that I give them another week. I had sort of forgotten about this case until today, is TSB's delay in paying a concern?

davethorp

I’ve been a lurker in this thread for a bit now but TSB’s delay in paying seems pretty much normal from what I’ve read

masonic

TSB was quick to pay out following my FOS decision - and others too from what I've seen posted elsewhere. TSB is very slow through its own complaints process though.

Not sure how to define 'a concern' in the context of the rest of this thread though. I believe that ship has sailed

Cotta

I'm in no panic at the moment, the final decision was not made until December 18th and no doubt TSB are factoring in the Christmas break as not counting towards any timescale.

I do wonder if TSB are going to let the clock run down and force this to the Ombudsman in the hope for a better outcome for them.

Cotta

The below just arrived via email:


Dear Mr.Cotta,

I wanted to update you on your outstanding compensation from TSB. As advised previously following the last issues I expected that when you accepted my recommendation on 18th December that payment would be made promptly. Having just spoken to TSB it appears they do not agree with my findings and are pushing for this to go to the Ombudsman in the hope of getting your case thrown out based on their payments during the first tranche or at the very worst getting a reduced compensatory penalty. I am going to have another word with TSB at the beginning of next week, however if the situation does not change and this does go to an Ombudsman the final settlement to you (if any is made) could be significantly less than my recommendations.

I will be in touch next week.

Kind Regards
FOS

eskbanker

I think I'd be inclined to refer the adjudicator back to her comments of 13 December, as covered in post #277:

Cotta wrote: »

And a decision has been made, it came via a telephone call.

- Adjudicator has decided upon an additional £500 to be paid, she has spoken to TSB and they have agreed to this. (I thought I might have been consulted first).

- TSB are still refusing to pay the missing interest so adjudicator has said I will just have to take it as part of the £500.

I asked how this £500 came about as the issues this time were much worse than the first time yet the determination was valued less in monetary terms (The first decision was the £500 plus missing interest paid on the side). Adjudicator advised that "it's just the way things are and only I know how difficult your case was it would be less than £500".

I'm not overly happy with this (I know that makes me sound greedy), however I would have liked confirmation on the compensation before agreeing it with TSB and the fact that the figures don't reconcile to the initial tranche is also an issue.


Am I being unfair?


Edit - Adjudicator advised if I go to the Ombudsman it will take at least eight weeks for me to get any compensation.

If she said they agreed to the £500 back then, either they're acting in bad faith by changing their minds or she's incompetent, or both I suppose. Either way, it'll be interesting to see what an ombudsman will make of an apparent agreement being reneged on....