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When Banks don't Act on FOS Findings

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  • Cotta
    Cotta Posts: 3,667 Forumite
    Interesting about the Obudsman reforms.

    Nothing to report on my own case, I can't even get a reponse from the adjudicator,
  • Cotta
    Cotta Posts: 3,667 Forumite
    I can't get a response from FOS and TSB certainly have not acted so the uncertainty continues. I have no idea what do do next.
  • eskbanker
    eskbanker Posts: 37,214 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 1 February 2019 at 2:03PM
    Cotta wrote: »
    I can't get a response from FOS and TSB certainly have not acted so the uncertainty continues. I have no idea what do do next.
    I don't know how many times you've chased the adjudicator since Monday but presumably she's aware that you're seeking an update, so, while it's doubtless irritating, I'd just hang fire and wait for her to get back to you.

    Even if you wanted to insist on escalation to an ombudsman (which, as per previous posts, may be less preferable than the case going to an ombudsman because of TSB's lack of response) then this would presumably need to be done via her, so she is the cork in the bottle whichever way you approach this.

    Perhaps when you do next succeed in speaking to her, it would be worth seeking clarification (again!) on what the specific FOS-imposed deadline is for TSB to issue a final response or pay up, rather than their apparent expectation that you wait indefinitely....

    Edit: just seen this story about 23,000 unresolved complaints, so they're obviously still struggling to clear these: https://www.moneysavingexpert.com/news/2019/february/tsb-resolves-181-000-complaints-since-it-glitch/
  • Cotta
    Cotta Posts: 3,667 Forumite
    eskbanker wrote: »
    I don't know how many times you've chased the adjudicator since Monday but presumably she's aware that you're seeking an update, so, while it's doubtless irritating, I'd just hang fire and wait for her to get back to you.

    Even if you wanted to insist on escalation to an ombudsman (which, as per previous posts, may be less preferable than the case going to an ombudsman because of TSB's lack of response) then this would presumably need to be done via her, so she is the cork in the bottle whichever way you approach this.

    Perhaps when you do next succeed in speaking to her, it would be worth seeking clarification (again!) on what the specific FOS-imposed deadline is for TSB to issue a final response or pay up, rather than their apparent expectation that you wait indefinitely....

    Edit: just seen this story about 23,000 unresolved complaints, so they're obviously still struggling to clear these: https://www.moneysavingexpert.com/news/2019/february/tsb-resolves-181-000-complaints-since-it-glitch/

    I would imagine whatever has been said to TSB they're clearly not going to act, as we approach 8 weeks there is no way they would deliberately hold off as long even if a vague timeframe was given.
  • eskbanker
    eskbanker Posts: 37,214 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Cotta wrote: »
    I would imagine whatever has been said to TSB they're clearly not going to act, as we approach 8 weeks there is no way they would deliberately hold off as long even if a vague timeframe was given.
    I'm not sure that's necessarily true - on another thread there are plenty of reports of payments coming through many months after complaints were raised, so in itself delay doesn't necessarily signify that they won't pay up, especially in the context of their backlog.

    However, my expectation would be that they'd be more responsive when dealing with FOS decisions, and the adjudicator has repeatedly hinted that TSB aren't happy with that decision (shame!), although they did allegedly accept it verbally shortly before it was issued. There was also talk of the amount requiring a more senior sign-off.

    In other words, I still think it could go either way....
  • Cotta
    Cotta Posts: 3,667 Forumite
    eskbanker wrote: »
    I'm not sure that's necessarily true - on another thread there are plenty of reports of payments coming through many months after complaints were raised, so in itself delay doesn't necessarily signify that they won't pay up, especially in the context of their backlog.

    However, my expectation would be that they'd be more responsive when dealing with FOS decisions, and the adjudicator has repeatedly hinted that TSB aren't happy with that decision (shame!), although they did allegedly accept it verbally shortly before it was issued. There was also talk of the amount requiring a more senior sign-off.

    In other words, I still think it could go either way....


    I agree with what you have said, I will just wait now and not press the issue anymore. TSB could still argue that the decision was only accepted on 18th December.
  • eskbanker
    eskbanker Posts: 37,214 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Cotta wrote: »
    I agree with what you have said, I will just wait now and not press the issue anymore. TSB could still argue that the decision was only accepted on 18th December.
    Well yes, the decision itself was issued on 18 December so that effectively started the clock ticking on that date, my point was more that they'd indicated a few days earlier that they were happy in principle with the resolution ("Adjudicator has decided upon an additional £500 to be paid, she has spoken to TSB and they have agreed to this"), so when the adjudicator took it on herself to negotiate a resolution rather than simply issuing a decision, TSB did signify that they agreed with it. If they later renege on that agreement then I think that's pretty poor and wouldn't reflect well on either them or the adjudicator, which, by extension, may help you.

    Re not pressing the issue, I don't think it's unreasonable for you to seek updates on, say, a weekly basis if you haven't heard anything, but your earlier posts suggested that you may be chasing more regularly than that. I don't think it's fair that you should be expected to wait indefinitely though, so it still seems appropriate to seek clear deadlines from FOS, even at this stage.
  • EachPenny
    EachPenny Posts: 12,239 Forumite
    10,000 Posts Combo Breaker
    eskbanker wrote: »
    Edit: just seen this story about 23,000 unresolved complaints, so they're obviously still struggling to clear these: https://www.moneysavingexpert.com/news/2019/february/tsb-resolves-181-000-complaints-since-it-glitch/
    eskbanker wrote: »
    ...There was also talk of the amount requiring a more senior sign-off.
    I just read that article having seen it on this thread:-
    https://forums.moneysavingexpert.com/discussion/5958772/20-000-tsb-complaints-yet-to-be-resolved-mse-news
    ...and then came here to see how Cotta was getting on. :)

    It is interesting to see the article saying:-
    Perhaps the most successful was Steven, who told us: "Complained to TSB about issues with their online banking... just had confirmation of £1,150 in compensation. "I wasn't able to log in which made me late on paying a few things and made remortgaging a little trickier but I felt like the amount awarded was rather disproportionate for my inconvenience. I was expecting maybe £75!"

    ....which suggests larger quantum compensation payments are not unheard of.

    Cotta, you might want to refer the adjudicator to the MSE article as an example where TSB were willing to pay out a very substantial sum for what the complainant themselves seems to regard as not a major cause of inconvenience. :)
    "In the future, everyone will be rich for 15 minutes"
  • Cotta
    Cotta Posts: 3,667 Forumite
    EachPenny wrote: »
    I just read that article having seen it on this thread:-
    https://forums.moneysavingexpert.com/discussion/5958772/20-000-tsb-complaints-yet-to-be-resolved-mse-news
    ...and then came here to see how Cotta was getting on. :)

    It is interesting to see the article saying:-


    ....which suggests larger quantum compensation payments are not unheard of.

    Cotta, you might want to refer the adjudicator to the MSE article as an example where TSB were willing to pay out a very substantial sum for what the complainant themselves seems to regard as not a major cause of inconvenience. :)


    Interesting article, I am still awaiting a response from the adjudicator, I have decided it is best not to continually chase her. Today we have entered week 8 since I accepted the decision. :)
  • Cotta
    Cotta Posts: 3,667 Forumite
    I just received the following from my adjudicator today:


    Dear Mr. Cotta,

    Thanks for your email, I have chased TSB up to find out what is going on.

    As advised before I can re-open your case and send it to an Ombudsman for a final decision.

    Let me know what you want to do.

    Kind Regards
    FOS
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