When Banks don't Act on FOS Findings

masonic

Cotta wrote: »

I didn't ask for compensation just to speak to a Manager and what happens when firms ignore their deadlines?

Within the space of a few hours we've gone from

"our colleagues at TSB are willing to send across the funding"

to

"they don't feel they should pay extra for the delay and on reflection I agree with them as we are not in the business of punishing companies. Your option now is to go to the Ombudsman."

Does that mean TSB has retracted its offer to send across the funding?

I would seriously consider calling the 0800 number listed on the FOS complaints page and state that "I've made a formal complaint about the way my case is being handled, but the adjudicator has sent me an email stating she will not let me speak to a manager." edit: actually that's not what she's said, she's just said they won't review the merits of the case. So I it would be better to just clarify that the call with the manager was to discuss her conduct on the case and that it should go ahead ASAP. The manager can then confirm whether or not the unilateral actions of the adjudicator today have prejudiced your case.

EachPenny

Cotta wrote: »

The below has annoyed me a little:

You are entitled to be a little annoyed. If it was me I'd be spitting feathers.

Cotta wrote: »

In light of what I've said above can I cancel the call from the Manager? They will not be reviewing the merits of the case in any eventuality.

Whether or not the manager will be "reviewing the merits of the case" is irrelevant. You've made a complaint and they should be following the appropriate procedure.

It is almost like they are trying to discourage you from speaking to the manager to persue your complaint. That includes the presumption they should "cancel the call" rather than asking you what you want to do.

In my view you need to insist on speaking to the manager.

eskbanker

Cotta wrote: »

Having spoken to TSB they don't feel they should pay extra for the delay and on reflection I agree with them as we are not in the business of punishing companies. Your option now is to go to the Ombudsman.

In light of what I've said above can I cancel the call from the Manager? They will not be reviewing the merits of the case in any eventuality.

Please respond by 14th February.

As I understood it, you were advised to expect a call from a manager within 48 hours of yesterday afternoon, i.e. no later than tomorrow afternoon, which is before her latest arbitrary deadline she's set for you! I'd request (re)confirmation that you'll be called by a manager no later than tomorrow afternoon, as promised....

pmduk

Cotta wrote: »

I must say I find TSB's disregard for FOS alarming.

If the adjudicator in this case is in any way typical, I wonder that any financial institution pays them any regard, let alone the public.

Cotta

Surely by TSB not complying with the 3 week deadline, FOS is setting a poor precedence which cannot be correct protocol?

I've insisted the Manager's call must still happen tomorrow. Today was the first time in which I've been disgruntled on my tone with FOS, something I regret now.

EachPenny

Cotta wrote: »

I've insisted the Manager's call must still happen tomorrow. Today was the first time in which I've been disgruntled on my tone with FOS, something I regret now.

Sometimes you need to be 'firm' to get people to pay attention to your complaint. So long as you aren't rude (and never swear) it doesn't matter... professionals employed to deal with the public should be able to understand and appreciate clients/customers will be disgruntled from time to time.

If you aren't sure about how to handle the call then google "how to be assertive" before.

pmduk

Cotta wrote: »

Today was the first time in which I've been disgruntled on my tone with FOS, something I regret now.

I wouldn't worry too much about that, the way you've been treated by that adjudicator I'd have been spitting feathers months ago!

masonic

I think the key point for discussion with the manager tomorrow is the following:

The adjudicator made her decision and communicated it to you both. You agreed with her decision. The adjudicator claimed over several weeks that TSB had neither accepted or rejected her decision and that she couldn't impose a time limit on them to make up their mind whether or not to accept it.

Later, she claimed that she set a binding time limit and TSB agreed with the decision within that time limit, but failed to make any payment. They once again offered to comply with the decision. The adjudicator then, completely of her own accord, went back to TSB and asked for even more money, which TSB rejected.

The adjudicator then changed her own mind and now says your only choice is to go to an Ombudsman, even though all you want is for TSB to comply with the original decision, which you have both accepted.

Worth reinforcing that all you want from TSB is to comply with the decision they accepted and pay the specified amount of compensation.

Of course, the earlier points raised by eskbanker are worth bringing up as they show how the whole process has been made to feel very biased against you.

Cotta

Adjudicator has confirmed this morning that the case is now with a Manager.

eskbanker

I don't know what sort of systems FOS use but I imagine that they'll have some sort of case management application that would allow authorised individuals to review the entire chronology of events, so I'd ask the manager to read through the full email trail between adjudicator and complainant (and those to/from TSB as well), which should make it clear just how incompetent and inconsistent the adjudicator has been, substantiating the bullet points I listed earlier....