When Banks don't Act on FOS Findings

djpailo

Can the banks be fined for not cooperating with the adjudicator or Ombudsman?

eskbanker

djpailo wrote: »

Can the banks be fined for not cooperating with the adjudicator or Ombudsman?

It's only the ombudsman's final decision that's legally binding, so if a bank fails to comply with that then this would be unlawful and subject to enforcement action by the FCA and/or the courts, as masonic pointed out back in post #10 on the first page of this thread.

I don't know how many such cases (if any) make it as far as court or what the punishment is/would be though....

Cotta

eskbanker wrote: »

It's only the ombudsman's final decision that's legally binding, so if a bank fails to comply with that then this would be unlawful and subject to enforcement action by the FCA and/or the courts, as masonic pointed out back in post #10 on the first page of this thread.

I don't know how many such cases (if any) make it as far as court or what the punishment is/would be though....

Possibly why the adjudicator is being ignored by TSB.

eskbanker

Cotta wrote: »

Possibly why the adjudicator is being ignored by TSB.

Maybe, but even though it's only the ombudsman's final decision that's legally binding, institutions are still expected to respect the adjudicator's findings, so their conduct thus far should certainly count against them.

Even though they'd verbally advised the adjudicator that they agreed with her decision, they still had the right to reject it once issued formally, but (as the manager rightly observes) failing to make any sort of response at all is poor and hopefully they'll be held to account for that....

Cotta

eskbanker wrote: »

Maybe, but even though it's only the ombudsman's final decision that's legally binding, institutions are still expected to respect the adjudicator's findings, so their conduct thus far should certainly count against them.

Even though they'd verbally advised the adjudicator that they agreed with her decision, they still had the right to reject it once issued formally, but (as the manager rightly observes) failing to make any sort of response at all is poor and hopefully they'll be held to account for that....

So when the adjudicator in my case has set two deadlines which TSB completely ignroed there should be some fall out from the process?

eskbanker

Cotta wrote: »

So when the adjudicator in my case has set two deadlines which TSB completely ignroed there should be some fall out from the process?

At the risk of going over old ground again, has the adjudicator actually set two deadlines though? She's referred to expectations that TSB should have paid up within three weeks and then another week's grace at her manager's suggestion, but it's still not clear to me that she's ever actually clearly stated in writing to TSB that they have to make payment by x date or object to the decision by y date, and indeed IIRC at one stage she was making noises about how it might take until mid February.

As masonic observed earlier on, TSB can hardly be considered to be in breach of a deadline if the deadline was never actually set!

Having said that, while a clear deadline would have helped, TSB's continuing delay is both irritating to you and unlikely to be welcomed by an ombudsman reviewing the case, but in itself it doesn't automatically trigger anything....

masonic

https://forums.moneysavingexpert.com/discussion/comment/75375245#Comment_75375245

Cotta

Latest from FOS:

Dear Mr. Cotta.

I’m conscious that we are going into week 7 since you accepted my decision, however as of yet there is no response from TSB. As noted earlier this month, I do not expect this to be closed off in January and we could well see this issue going to the Ombudsman. My Manager has advised that for now the best option is to attempt to get a final response from TSB as this will make things much smoother if it does go to the Ombudsman. I am going to try to make contact again today with TSB.


Kind Regards

FOS.

eskbanker

Disappointing that the manager seems to have stepped back - last week it sounded like he was going to intervene personally but it looks like he's passed it back to the adjudicator to handle.

Not sure how much to read into her comment about not being closed off in January, which only has another three days to run anyway I suppose, but ironic that she's unilaterally tried to 'close off' your case more than once. She still seems to hint that going to the ombudsman is something to be afraid of, but as time continues to pass, it seems ever less likely that doing so would be to your disadvantage!

I think I get why the manager is keen for a final response from TSB rather than just going to the ombudsman based on a lack of response, but it does still beg the question of how long FOS are prepared to wait for this!

eskbanker

Not before time!

https://www.moneysavingexpert.com/news/2019/01/mps-call-for-overhaul-of-the-ombudsmen-system/