When Banks don't Act on FOS Findings

Cotta

I think I'm going to agree that this goes to the Ombudsman's office even if the final decision is unfavourable. Is there really anything else I can do or request?

eskbanker

masonic wrote: »

I like it, although to make it 100% correct, it would need to read "it's up to you to ensure that your decision can be enforced". Unlike other alternative dispute resolution services, Financial Ombudsman decisions are enforceable through the court system, so even an Ombudsman cannot enforce their own decision, it would require the complainant to do so.

Yes, you're right - I suppose the message I was suggesting was that the adjudicator shouldn't keep trying to put the ball in Cotta's court but should be taking more active ownership and responsibility herself. Effectively I think it's legitimate for Cotta to say to her "OK, so TSB haven't paid out yet, what are you going to do about it?"!

masonic

Cotta wrote: »

I think I'm going to agree that this goes to the Ombudsman's office even if the final decision is unfavourable. Is there really anything else I can do or request?

I think you should respond in the way eskbanker has suggested. The Ombudsman will be weighing up a number of factors, no doubt one of which is who has caused this extra work to come his/her way. If you make a statement that suggests you want it to go to an Ombudsman, that puts a different spin on it.

I don't think you have another option. TSB could be months deliberating and then eventually still say no.

eskbanker

It may also be worth revisiting the deadline subject too with a bit of 'leading the witness' to get this on the record, i.e. something along the lines of "if you've set TSB a number of clear written deadlines and they have repeatedly failed to meet these, either by making the instructed payments or rejecting your decision, then what is the FOS position regarding next steps, and timing of these?".

Cotta

I sent the following,


Dear FOS,


If TSB have breached your own timeline what is the usual course of action? I am unfamiliar with the full FOS process so I am happy to follow your own procedures and instructions to bring this to a full and satisfactory conclusion.


Cotta

Cotta

The below arrived this morning:


Dear Mr. Cotta,

Further to your last email my Manager has asked to look at the case today with the intention of calling TSB and advising them that the compensation and missed interest should have been paid within three weeks of the decision regardless of the Christmas break. My Manager has also expressed unhappiness at TSB's disregard for the deadline and for their complete lack of feedback, he has also advised that he will be recommending that TSB award a further level of compensation on top of what I have recommended. If there is not a positive response from this then the next step is preparing your case for the Ombudsman.

Could I again request patience on your side.

Kind Regards
FOS

eskbanker

While, as ever, it's galling that she expects urgency from you but never from them, I think the manager's personal involvement can only be a good thing, especially if he's (a) irritated with TSB, (b) minded to increase the compensation, and (c) implicitly dissatisfied with his adjudicator's handling of the case. Hang on in there!

IanManc

Cotta wrote: »

Could I again request patience on your side.

I'd be tempted to reply:

"Nothing in my dealings with you has suggested impatience on my part. Your continued requests / instructions that I be patient are inappropriate."

masonic

The manager has been the voice of reason throughout this saga. I'd take his view to be more indicative of what would happen at the Ombudsman level.

Cotta

I think as we approach 6 weeks even the adjudicator is left scratching her head at the non cooperation from TSB.