When Banks don't Act on FOS Findings

Cotta

masonic wrote: »

Even if the timeframe only started today, 11th February is 5 weeks, it would be 6 weeks from 18th December excluding the whole of the Christmas/New Year period.

What is a reasonable date to refer this to the Ombudsman?

eskbanker

masonic wrote: »

Wow, that's re-writing the rule book. The substantial band is between £500 and £2000, and there are two bands above that. The deadline of 11th February seems highly suspect. I was given a deadline of 10 working days for my own complaint and TSB agreed within 5.

I think I'd be asking for documentary evidence that TSB may be given so much time to agree or disagree with the decision.

Cotta wrote: »

What is a reasonable date to refer this to the Ombudsman?

I agree with masonic - the adjudicator's documentation of her final decision should have been issued with clear timescales, along the lines of "TSB must pay £x by [date] and that either party has until [different date] to appeal against the decision, after which it'll be deemed to have been accepted".

If timescales haven't been documented in that way then considering the payment to be late after three weeks (or any other period) is just subjective opinion, so it's important to establish what the parameters are....

masonic

Cotta wrote: »

What is a reasonable date to refer this to the Ombudsman?

The next step is to confirm what actual deadline was specified in the decision, as eskbanker says. This is crossing over from your complaint against TSB, which an Ombudsman might be helpful in resolving, to a complaint against the FOS and this Adjudicator, for which you'd need to take up separately.

As I mentioned above, the timescale for either party objecting to the decision in my case was clearly documented. If that hasn't happened in your case then it's another item to add to the list of failings.

eskbanker

On the subject of acceptable timescales, reading back a bit, it really jumps out to me how the adjudicator's attitude to urgency differs markedly according to whether she's pressurising you....

Cotta wrote: »

the adjudicator did advise today that she wanted everything closed by tomorrow.

Cotta wrote: »

Can we close this off today?

Cotta wrote: »

We really need to get your long running case closed off today.

Cotta wrote: »

can you advise today if this meets with your approval?

....or indulging TSB:

Cotta wrote: »

I have instructed TSB to pay £500 compensation and a suitable level of interest. You will now need to be patient and await its arrival.

Cotta wrote: »

it could be February before any movement happens (I am not saying it will be this long). I am inclined to agree with TSB on this, any payment to you at this stage cannot be deemed late.

[...]

At present you will just need to show more patience, if TSB have not paid you by 11th of February, feel free to contact me then.

Cotta

I just asked about a deadline and what happens next, below was the response:


Dear Cotta,

We would allow our colleagues in TSB 3 weeks to action our requests.

In relation to your request to refer this to the Ombudsman, you much first allow the business the opportunity to action my requests. Secondly there is no guarantee that they will necessary act on an Ombudsman request, so for example if the Ombudsman agrees with my finding but decides to enforce compensation in the region of £100, giving the business 3 weeks to pay this within. At the end of the 3 weeks from the feedback I have had from TSB there is no guarantee of them actioning the request, have you thought about what you will seek from here?

As previously advised, I will contact you in due course.

Kind Regards
FOS

masonic

What a load of rubbish. This couldn't have possibly been written by someone who works within the FOS, or if it was, they certainly shouldn't have been given any responsibility for complaint handling (perhaps working on reception would be a more suitable role). I really think this is the time to start a separate complaint about the FOS.

eskbanker

Cotta, did you actually ask the adjudicator to escalate to the ombudsman and if so, on what basis and with what objective in mind?

To me, this is a logical next step if (and only if) you disagree with her decision that was communicated to TSB last month.

If you're (understandably) unhappy with her performance thus far then I agree with masonic that this is worth complaining about, but as a separate issue from resolving the core TSB complaint.

Cotta

eskbanker wrote: »

Cotta, did you actually ask the adjudicator to escalate to the ombudsman and if so, on what basis and with what objective in mind?

To me, this is a logical next step if (and only if) you disagree with her decision that was communicated to TSB last month.

If you're (understandably) unhappy with her performance thus far then I agree with masonic that this is worth complaining about, but as a separate issue from resolving the core TSB complaint.

No I just asked about TSB's timeframe to act on the recommendations, I am still hoping they will act in good faith.

jamets

Cotta wrote: »

they feel that the missing interest on top of this to be “taking the biscuit”.

Unprofessional. If I said something like that to a client I'd be out of a job. Get this woman away from your case and request that someone else handles it from now on. I'd have absolutely no time for this idiot any more.

ffacoffipawb

jamets wrote: »

Unprofessional. If I said something like that to a client I'd be out of a job. Get this woman away from your case and request that someone else handles it from now on. I'd have absolutely no time for this idiot any more.

I am beginning to wonder if this adjudicator is related to Mr Bean or Benny from Crossroads.