When Banks don't Act on FOS Findings

Cotta

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

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

eskbanker

She seems to be linking reopening your case with ombudsman escalation, whereas my understanding was that you'd simply asked for the case to be kept open until resolution rather than being prematurely closed off without it being sorted one way or the other.

The fact that she's still chasing TSB suggests that it is still open anyway, in the sense that some sort of activity is ongoing, but again her tone with TSB has shifted demonstrably from December's 'pay up within three weeks' instruction to February's pleading of 'any chance of letting me know what's happening?'.

I'd still be tempted to ask what she intends to do to ensure that TSB comply with her instruction and exactly how long she is prepared to give them....

Cotta

eskbanker wrote: »

She seems to be linking reopening your case with ombudsman escalation, whereas my understanding was that you'd simply asked for the case to be kept open until resolution rather than being prematurely closed off without it being sorted one way or the other.

The fact that she's still chasing TSB suggests that it is still open anyway, in the sense that some sort of activity is ongoing, but again her tone with TSB has shifted demonstrably from December's 'pay up within three weeks' instruction to February's pleading of 'any chance of letting me know what's happening?'.

I'd still be tempted to ask what she intends to do to ensure that TSB comply with her instruction and exactly how long she is prepared to give them....

Yes I am a litte confused about the opening and closing of cases, from previous conversations with her the below is how it stands:


1. Hope that TSB pay the compensation and missed interest.


2. Under no circumstances will TSB be asked to pay anyone regardless of how late the compensation amount it.


3. Going to an Ombudsman could be very unfavourable to me and result is a lesser offer or no offer.

masonic

I would ask for her to get her manager's advice on how to proceed, or for him to call you to discuss the next steps.

Re-emphasise that you are happy with the Adjudicator's decision, so it would be inappropriate to reject it and escalate to an Ombudsman.

eskbanker

masonic wrote: »

I would ask for her to get her manager's advice on how to proceed, or for him to call you to discuss the next steps.

Re-emphasise that you are happy with the Adjudicator's decision, so it would be inappropriate to reject it and escalate to an Ombudsman.

Agreed - it's only just over a week ago that she said "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", so she should be concentrating on securing TSB's final response if that's what he's asked/told her to do, rather than trying to put the ball back in Cotta's court all the time....

Cotta

I feel the adjudicator has ran out of patience with my case.

What interests me is the stalling from TSB, they're playing a game of cat and mouse with me. They either pay up at the point it goes to the Ombudsman or let it go to the Ombudsman hoping for a smaller bill. I honestly feel the delays should be penalised rather than working in TSB's favour.

eskbanker

Cotta wrote: »

I feel the adjudicator has ran out of patience with my case.

What interests me is the stalling from TSB, they're playing a game of cat and mouse with me. They either pay up at the point it goes to the Ombudsman or let it go to the Ombudsman hoping for a smaller bill. I honestly feel the delays should be penalised rather than working in TSB's favour.

I suspect you're right about the adjudicator - based on a range of comments over several months it seems clear that she just wants it off her desk, and perhaps sees ombudsman escalation as a convenient way of washing her hands of it, although would have thought that it doesn't reflect well on her if it's referred and it becomes clear how ineffective she's been. I'd have hoped her manager sees it the same way too, i.e. it reflects badly on him as well if one of his team isn't performing.

On the subject of penalising delays, I think you had a stronger case first time round, when their failures to act were compromising your ability to bank, but when it comes to settling up a bill that's purely for retrospective compensation then I'm less convinced that there's justification for some sort of automatic penalty regime, although am far from sympathetic to TSB! The adjudicator's manager seems to be on your side though, which may be indicative of how it'll be seen by an ombudsman if/when that happens....

Personally I don't think TSB are playing games though, I think it's just down to institutional incompetence and a massive backlog of (self-inflicted) activity. I don't see how delay would work in their favour, even if they were confident of an ombudsman reducing the compensation?

Cotta

Turned out to be impossible to get hold of the adjudicator today, she does seem to spend much of her time in meetings.

I want this to go to the Ombudsman now but I'm worried that as mentioned before if I push for it then I maybe looked upon unfavourably by the Ombudsman.

masonic

You are being put in an utterly unfair position. If it has to go to the Ombudsman, you should ensure that it is recorded that this is not your desired outcome but was at the Adjudicator's suggestion as she is unable to force TSB to cooperate.