When Banks don't Act on FOS Findings
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I'm stunned that the adjudicator describes allowing the issue to go to the Ombudsman as a "predicament". :huh:...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?
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.
I think they should be thanking you for your ongoing extraordinary patience, rather than asking you to be patient.– please exercise patience.
"In the future, everyone will be rich for 15 minutes"0 -
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.
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.0 -
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)!TSB are possibly breaching the deadline on purpose so that the Ombudsman will reach a more favourable outcome.
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....0 -
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.0 -
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!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.
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....0 -
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 webcams0 -
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.0 -
To augment Masonic's suggestion and some much-needed pressure, I'd suggest the following amendment
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 make payment due or reject the Adjudicator decision in writing.0 -
Personally I think it's risky introducing anything else at this stage that would be shared/discussed/negotiated with TSB, as the adjudicator suggests it would, because this could actually push them further away and lend credence to their apparent contention that Cotta is out for all he can get his hands on.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.
Her mention of her manager does seed another thought though: if this isn't sorted out by next week's deadline, you could perhaps insist that the matter is dealt with either by the manager or the ombudsman from then on, rather than an adjudicator who is too cosy with her colleagues in TSB....0 -
She is totally unsuited to her job. (Putting it politely)0
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