When Banks don't Act on FOS Findings

eskbanker

Cotta wrote: »

I'm going to draft an email shortly, the only thing I can think of is that my case has breached an SLA.

On the subject of the FOS deadline I'm worried that something vague has been sent by FOS that as Masonic indicated TSB are taking advantage of. I cannot imagine a deadline would have been above 4 weeks.

I agree with masonic that there is precious little evidence that the adjudicator formally advised TSB of a deadline in writing (unless you know differently?), and is prepared to just wait and see, hence her vague statements about mid February.

When her manager said last week that another week's grace would be appropriate, it now seems more likely that this meant that FOS would wait another week rather than actually writing to TSB formally advising that the compliance deadline had been extended to (say) 16 January.

I can't see how this is sustainable and so do feel that it's time to push FOS for a specific timetable (to be imposed in writing on TSB) as to how this will be resolved, as opposed to their apparent expectation that it'll just be allowed to rumble on indefinitely.

masonic

To be closed, it needs to be formally accepted by both parties. Unless TSB has now agreed to the decision (not 'recommendations'), then it should remain open. If no actual decision letter has been forwarded to both parties, then it should definitely not be closed.

I agree with eskbanker about asking about the how long TSB has to comply. I would word the question as "If TSB do not carry out the actions specified in your decision, when will it be considered to be in breach of the decision? What will be the next steps should TSB fail to formally reject the decision and also fail to comply with it?"

eskbanker

On thinking further about this, another option could be a simple email along the lines of:

Dear adjudicator,

I note your statement regarding closure of my complaint and understand this to mean that you no longer intend to take any further action on it, despite the fact that it remains unresolved.

Therefore, please advise me of the name and contact details of your manager, who I believe is aware of the circumstances of this case and the need for further action.

Regards,

Cotta

Cotta

eskbanker wrote: »

On thinking further about this, another option could be a simple email along the lines of:

Dear adjudicator,

I note your statement regarding closure of my complaint and understand this to mean that you no longer intend to take any further action on it, despite the fact that it remains unresolved.

Therefore, please advise me of the name and contact details of your manager, who I believe is aware of the circumstances of this case and the need for further action.

Regards,

Cotta

I've pretty much just sent this off, I have also stated that taking Christmas into consideration there is not reason why this should not have been paid by now and will they be looking at this?

Cotta

Not a thing from FOS or TSB today, even if FOS have not given TSB a deadline, this timeframe must represent a breach?

HampshireH

Their behaviour is beyond a joke.

masonic

Cotta wrote: »

Not a thing from FOS or TSB today, even if FOS have not given TSB a deadline, this timeframe must represent a breach?

A breach of what? No time limit has been set.

"complaints about our service
If at any time you are unhappy with the level of service we have provided, please get in touch with the person dealing with your case and let them know. If this doesn’t sort things out, a senior manager can look into the problem."

^^
Have you done this?

Cotta

The adjudicator called this morning and confirmed what TSB were instructed, "they must pay the additional compensation as soon as possible from the date of 18th December and that a delay of five weeks and counting wound not be looked upon favourably". The adjudicator has advised she is going to link-in again with her TSB "colleague".

Cotta

An email from the adjudicator.

Dear Mr. Cotta,

As requested I have now reopened your case.

As today marks five weeks from your acceptance of my decision I have contacted my colleague in TSB for an update and unfortunately I don't feel any movement is imminent. In conclusion I feel there is no option but to defer this to the Ombudsman, as previously advised their findings may result in a reduced compensatory recommendation if indeed a favorable verdict is reached.

Please advise of your decision in relation to referring this to the Ombudsman and revert back by close of play on 23rd.

Kind Regards
FOS

badger09

Cotta wrote: »

An email from the adjudicator.

Dear Mr. Cotta,

As requested I have now reopened your case.

As today marks five weeks from your acceptance of my decision I have contacted my colleague in TSB for an update and unfortunately I don't feel any movement is imminent. In conclusion I feel there is no option but to defer this to the Ombudsman, as previously advised their findings may result in a reduced compensatory recommendation if indeed a favorable verdict is reached.

Please advise of your decision in relation to referring this to the Ombudsman and revert back by close of play on 23rd.

Kind Regards
FOS

Yet again FOS adjudicator is setting you arbitrary & very short deadlines, while apparently taking no action to ensure her 'colleague in TSB' complies with her decision.

Appalling service and I hope you still have the will to submit a formal complaint about FOS adjudicator, once you've received your compensation.