When Banks don't Act on FOS Findings

Cotta

eskbanker wrote: »

She seems to have an odd line in logic! My view remains that the case shouldn't be closed until TSB pay up (which would finalise everything) or TSB reject the adjudicator's decision (or miss their final deadline), which would result in escalation to the ombudsman.

I don't believe that it's appropriate for her to simply close it without resolution and assert that the only option is for you to refer it to an ombudsman - that's not how their process is meant to work, in that you should only seek referral if you're unhappy with the FOS decision, which you're not.

So, I'd put that back to her and ask that if she disagrees then you'd like to speak to her manager. It can't be right that she doesn't feel she needs to do anything and apparently TSB are of the same mindset, seemingly without FOS setting any deadlines for action....

On the deadline I am not sure one was presented to TSB which means that in effect they have done nothing wrong. I am going to try to find this out today, I find it odd as leading up to the 18th the adjudicator was very anxious to get me to make a decison by that date if my memory serves me right?

eskbanker

Her differing attitudes to urgency have been commented on before, in that she has consistently pressurised you to make quick decisions while failing dismally to exert similar pressure on TSB.

As you say, TSB may indeed have a defence that there was never actually a deadline set by FOS - the adjudicator should have done this on 18 December and on here we've consistently been suggesting that this needs to be clarified, so if it's still unclear as to whether there is an unambiguous written FOS instruction to pay by x date or reject by y date, then it seems reasonable to (continue to) push her for this. Has she ever forwarded you a copy of her written decision as sent to TSB on 18 December?

Cotta

Nothing's happening today, the adujudicator is in meetings all day.

Cotta

I spoke too soon, the below has just came in and it fully clarifies the position of FOS so it's really about what to do next?


Dear Mr. Cotta,

Just to give you an update as we go into week 9 and to answer some previous queries you raised.

We are not in the business of punishing companies, therefore the compensatory offer made to you will be final regardless of how long it takes to come through from TSB.

With reference to the timeframe, on 18th December I gave TSB three weeks to fully action my requests. I chased TSB up this week to find out what has happened and the best response I can get is that there are "huge backlogs" on their side. I will certainly not be asking TSB to pay anything more due to this.

Your next option is to refer this to the Ombudsman, however this brings with it risks of its own as I mentioned before and you could end up with much less or nothing (you will certainly not receive more). I should also note that you either refer to the Ombudsman or you don't, there can be no caveat of "reluctant referral".

In relation to the delays there is no way of knowing how long this will last, this is something that the FCA may look at in the future. Delays will not influence our office at all and the only thing you can do in relation to them is to log a complaint with TSB which will likely make its way back to us.

Overall there is nothing more I can do and your case remains closed. If you wish to refer this to the Ombudsman then please let me know.

Kind Regards
FOS

Silver_Queen

I'm a bit confused by her tone. She seems to be trying to put you off referring to the ombudsman and also seems convinced that you're money grabbing - have you said anything to her that might indicate this?

I would get this wrapped up first and then consider making a complaint about the adjudicator herself...

Cotta

Silver_Queen wrote: »

I'm a bit confused by her tone. She seems to be trying to put you off referring to the ombudsman and also seems convinced that you're money grabbing - have you said anything to her that might indicate this?

I would get this wrapped up first and then consider making a complaint about the adjudicator herself...

I advised that if a deadline was ignored by TSB then that must be considered a breach that TSB should be held to account for.

masonic

Cotta wrote: »

I spoke too soon, the below has just came in and it fully clarifies the position of FOS so it's really about what to do next?

I don't think it clarifies the position at all.

With reference to the timeframe, on 18th December I gave TSB three weeks to fully action my requests. I chased TSB up this week to find out what has happened and the best response I can get is that there are "huge backlogs" on their side. I will certainly not be asking TSB to pay anything more due to this.

That's unacceptable.

Your next option is to refer this to the Ombudsman, however this brings with it risks of its own as I mentioned before and you could end up with much less or nothing (you will certainly not receive more). I should also note that you either refer to the Ombudsman or you don't, there can be no caveat of "reluctant referral".

In relation to the delays there is no way of knowing how long this will last, this is something that the FCA may look at in the future. Delays will not influence our office at all and the only thing you can do in relation to them is to log a complaint with TSB which will likely make its way back to us.

No it is not. Your complaint is now against the FOS who are not providing the service they are supposed to. You have used an alternative dispute resolution scheme and received a decision you are happy with. That decision now needs to be enforced. If it cannot be enforced through the FOS, then the next steps are:
1) Submit a formal complaint about the FOS
2) Obtain the decision and evidence TSB has agreed with it in writing and issue TSB with a Notice Before Action stating that you intend to take them to the small claims court. (If TSB has not agreed with the decision, then ask why the correct procedure of escalating to an Ombudsman has not been followed)
3) Complain about the service you've received from the FOS to the Treasury Select Committee: https://www.parliament.uk/business/committees/committees-a-z/commons-select/treasury-committee/membership/

I think it would be good to seek confirmation that the FOS will be passing details of this incident to the FCA.

Overall there is nothing more I can do and your case remains closed. If you wish to refer this to the Ombudsman then please let me know.

Further grounds to submit a formal complaint now. This statement makes it clear that she will not take any further action to see that her decision is complied with.

eskbanker

masonic wrote: »

Your complaint is now against the FOS who are not providing the service they are supposed to. You have used an alternative dispute resolution scheme and received a decision you are happy with. That decision now needs to be enforced. If it cannot be enforced through the FOS, then the next steps are:
1) Submit a formal complaint about the FOS

Not sure if it's what you have in mind but to me this involves following the process outlined in https://www.financial-ombudsman.org.uk/about/complaints-about-our-service.htm

This entails highlighting dissatisfaction initially with the adjudicator, then her manager if necessary and then ultimately the independent assessor, none of which prevents referral to an ombudsman at a later stage, or the other steps outlined above.

To my mind step 1 would be Cotta telling the adjudicator that he's initiating the published FOS complaint process, stating that he's not happy with either of the options she's advising and that he feels that she should continue to pursue TSB to accept or reject her decision, within a stated reasonable timescale. If she claims that she can't or won't do this, then the next step is direct dialogue with her manager about the way in which the case has been handled....

masonic

eskbanker wrote: »

Not sure if it's what you have in mind but to me this involves following the process outlined in https://www.financial-ombudsman.org.uk/about/complaints-about-our-service.htm

Yes, I'm not sure if something has changed as I recall there previously being a complaints email address that could be used to kick off the complaints process (I think I posted it earlier in the thread - edit: here). That doesn't seem to be there any more and there seems to be a clear steer towards the person handling the case first, then their manager.

eskbanker

masonic wrote: »

Yes, I'm not sure if something has changed as I recall there previously being a complaints email address that could be used to kick off the complaints process (I think I posted it earlier in the thread - edit: here). That doesn't seem to be there any more and there seems to be a clear steer towards the person handling the case first, then their manager.

I actually quite like the process as it's defined now, as it won't do any harm for the adjudicator to know first hand that Cotta has had enough of her evasive and unhelpful attitude, while also bringing the manager into play and then ultimately an independent assessor, all the while retaining the option of ombudsman referral as a backstop (a word that may induce some shuddering for Cotta as an NI resident if I recall correctly!).