When Banks don't Act on FOS Findings

InA

I have skimmed this thread and was very sorry to hear about your ongoing saga.

I have dealt with the FOS on a previous occasion (complaint against a big bank), and found the service to be completely incompetent, in precisely the way you have described.

I had six months of my time wasted in dealing with the adjudicator who requested documents, evidence and information etc. only to misinterpret or ignore it all when she made her decision.

My case was escalated to an Ombudsman, who produced a very reasonable sounding judgment (which might sound fair to a bystander providing they did not have sight of the evidence or details of the complaint); except that it was wholly based on the adjudicator's misinterpretation of the evidence, and so made "findings" which were not actually true. Even the bank had not had the audacity to contest my complaint on the fallacious reasoning concocted by the Ombudsman / FOS.

Prior to the Ombudsman's decision I had also challenged the fact that the adjudicator had misinterpreted or ignored relevant evidence, and I supplied further evidence to prove this. The Ombudsman took the same route as the adjudicator by selectively quoting from the new evidence in such a way as to change its meaning.

At the end of it all, I was left with the distinct impression that the FOS was corrupt when it came to the big banks, and the whole process had proved to be unnecessarily time consuming / stressful. This all happened before the Dispatches expose on how the FOS was run (on Channel 4).

https://www.parliament.uk/business/committees/committees-a-z/commons-select/treasury-committee/news-parliament-2017/financial-ombudsman-dispatches-chairs-statement-17-19/

I had an issue as of result of TSB's IT problems, but had no confidence in the FOS. Given that TSB had waived the time limit, I was reassured that TSB would definitely resolve my complaint as I would be open to take it to the FOS if they didn't.

It took a long time but TSB not only fixed the issue, they also compensated me for essentially just allowing them to fix the problems in their own time (a sum I found too generous and was not expecting).

It seems to me that most of the hassle you have had to contend with has been caused by the FOS. IMO, they should be the ones to compensate you for the lost time and effort, although I acknowledge that's not how it works.


Anyway, hope it works out for you, although I wouldn't put too much faith in the Ombudsman reaching a better decision (unless things have changed since the parliamentary review).

Cotta

A response from the adjudicator with an intervention from her Manager, I suspect this is creeping close to the Ombudsman's office but is this likely to be a good or bad outcome for me?

Dear Mr. Cotta,

Just to advise you that as of today 9th of January we are exactly 3 weeks and 1 day on from your acceptance of my recommendations. I have spoken to my colleague in TSB and I do not sense that an move on their part is imminent. They have advised that there has not been a true three weeks as we must factor in the Christmas period and the clock should only start running from January 7th. We are in the predicament where (a) they may let this run to the Ombudsman or (b) will suggest a negotiated reduction from my offer, is the latter something you would look at?

I have spoken to my Manager on this who was looking for an update and he feels that yesterday was enough time for TSB to act, however he has suggested an additional week’s grace for TSB. My Manager has also mentioned that if this second deadline is ignored by TSB (as it was in tranche 1 back in August), you may be looking at an additional amount on top of what I recommended in tranche 2. Is this the case and if so what are you thinking of? I would have to go back to TSB with this figure and then go to the Ombudsman, either way this process is looking at running a little bit longer yet – please exercise patience.

Regards

FOS

eskbanker

Cotta wrote: »

They have advised that there has not been a true three weeks as we must factor in the Christmas period and the clock should only start running from January 7th.

Once again this adjudicator is kow-towing to her "colleagues" - it's up to FOS to set a deadline and TSB to adhere to it or face the consequences!

Cotta wrote: »

We are in the predicament where (a) they may let this run to the Ombudsman or (b) will suggest a negotiated reduction from my offer, is the latter something you would look at?

If she's once again subtly trying to intimidate you, don't fall for it!

Cotta wrote: »

I have spoken to my Manager on this who was looking for an update and he feels that yesterday was enough time for TSB to act, however he has suggested an additional week’s grace for TSB

A sensible compromise, the manager as ever being the one with the fully-functioning brain cells....

Cotta wrote: »

My Manager has also mentioned that if this second deadline is ignored by TSB (as it was in tranche 1 back in August), you may be looking at an additional amount on top of what I recommended in tranche 2. Is this the case and if so what are you thinking of?

I don't know why she's asking that and would recommend you ignore the question - IMHO everyone should wait and see what happens rather than speculating at this stage....

EachPenny

Cotta wrote: »

...We are in the predicament where (a) they may let this run to the Ombudsman or (b) will suggest a negotiated reduction from my offer, is the latter something you would look at?

I'm stunned that the adjudicator describes allowing the issue to go to the Ombudsman as a "predicament". :huh:

Yes, it is possible that the Ombudsman might come to a decision which is less favourable than the position you are at already, the evidence suggests this adjudicator has consistently under-assessed things in TSB's favour.

Surely the purpose of having an Ombudsman is to give the FOS some 'bite' when the adjudicator is unable to achive a positive outcome. Calling that a "predicament" is unbelievable.

Cotta wrote: »

– please exercise patience.

I think they should be thanking you for your ongoing extraordinary patience, rather than asking you to be patient.

Cotta

eskbanker wrote: »

I don't know why she's asking that and would recommend you ignore the question - IMHO everyone should wait and see what happens rather than speculating at this stage....

I suspect she probably was not supposed to say this.

EachPenny wrote: »

Yes, it is possible that the Ombudsman might come to a decision which is less favourable than the position you are at already, the evidence suggests this adjudicator has consistently under-assessed things in TSB's favour.

I think her Manager helped with the current figure, however I think you have touched on a key point, TSB are possibly breaching the deadline on purpose so that the Ombudsman will reach a more favourable outcome.

eskbanker

Cotta wrote: »

TSB are possibly breaching the deadline on purpose so that the Ombudsman will reach a more favourable outcome.

They'd be fools to breach deliberately, as this won't impress an ombudsman at all (especially when this wouldn't even be a first offence)!

They're quite entitled to reject the adjudicator's decision so as to trigger an ombudsman review but this should be done as a specific and deliberate action rather than simply ignoring the decision and its deadline....

Cotta

eskbanker wrote: »

They'd be fools to breach deliberately, as this won't impress an ombudsman at all (especially when this wouldn't even be a first offence)!

They're quite entitled to reject the adjudicator's decision so as to trigger an ombudsman review but this should be done as a specific and deliberate action rather than simply ignoring the decision and its deadline....

I agree with everything you have said, however I feel if TSB were going to act then it would be done by now regardless of the Christmas break.

eskbanker

Cotta wrote: »

I agree with everything you have said, however I feel if TSB were going to act then it would be done by now regardless of the Christmas break.

Possibly, but the FOS adjudicator should be listening to her manager, imposing an explicit deadline and then taking meaningful action to ensure that TSB stick to it!

As per previous posts, my expectation would be that she should have written to TSB instructing them to make the payments by a specific date, rather than her disconcertingly vague and woolly "We would allow our colleagues in TSB 3 weeks to action our requests", but hopefully she will now go back to them highlighting their unacceptable delay and explicitly state that failure to pay by next week will be regarded as a breach of their obligations and that they should expect to face the consequences.

Whatever has or hasn't been said between her and TSB, I'd be inclined to sit tight for now and see how things pan out - even though the adjudicator isn't filling anyone with confidence in her abilities, this case is clearly on her manager's radar if he was seeking an update today, so he'll certainly be doing so again next week....

pmduk

Cotta wrote: »

A response from the adjudicator with an intervention from her Manager, I suspect this is creeping close to the Ombudsman's office but is this likely to be a good or bad outcome for me?

Dear Mr. Cotta,

Just to advise you that as of today 9th of January we are exactly 3 weeks and 1 day on from your acceptance of my recommendations. I have spoken to my colleague in TSB and I do not sense that an move on their part is imminent. They have advised that there has not been a true three weeks as we must factor in the Christmas period and the clock should only start running from January 7th. We are in the predicament where (a) they may let this run to the Ombudsman or (b) will suggest a negotiated reduction from my offer, is the latter something you would look at?

I have spoken to my Manager on this who was looking for an update and he feels that yesterday was enough time for TSB to act, however he has suggested an additional week’s grace for TSB. My Manager has also mentioned that if this second deadline is ignored by TSB (as it was in tranche 1 back in August), you may be looking at an additional amount on top of what I recommended in tranche 2. Is this the case and if so what are you thinking of? I would have to go back to TSB with this figure and then go to the Ombudsman, either way this process is looking at running a little bit longer yet – please exercise patience.

Regards

FOS

Point out that you have:

A - Been asking for this matter to go to the Ombudsman for some months, it is the adjudicator who has been opposed to this move.

B. She does not have colleagues at TSB, she should be behaving independently, not making continual excuses for their tardiness.

I commend you on your patience, I'd have stormed their office back in September probably, with webcams

masonic

Notwithstanding the sentiments echoed again by others, which I fully agree with, how is this for a reasonable suggestion for the additional amount mentioned in the second paragraph?...

Accept the additional week's grace period, and if they comply with the decision before this has expired, then that will be the end of it. However, if they don't comply, additional compensation will accrue at £50 per week effective from 7th January, until such time as they formally agree or reject the Adjudicator decision in writing.