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When Banks don't Act on FOS Findings

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  • eskbanker
    eskbanker Posts: 37,189 Forumite
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    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
    pmduk Posts: 10,682 Forumite
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    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
    Cotta Posts: 3,667 Forumite
    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
    EachPenny Posts: 12,239 Forumite
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    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. :)
    "In the future, everyone will be rich for 15 minutes"
  • pmduk
    pmduk Posts: 10,682 Forumite
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    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
    masonic Posts: 27,250 Forumite
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    edited 13 February 2019 at 9:13AM
    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
    Cotta Posts: 3,667 Forumite
    Adjudicator has confirmed this morning that the case is now with a Manager.
  • eskbanker
    eskbanker Posts: 37,189 Forumite
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    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....
  • Cotta
    Cotta Posts: 3,667 Forumite
    The Manager sent me an email, they are busy today but will be calling me in the morning. The have advised that they are also an Ombudsman and by default the next step would be to them. From the email they have sent I think tomorrow's conversation will be a long one.
  • masonic
    masonic Posts: 27,250 Forumite
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    Cotta wrote: »
    The Manager sent me an email, they are busy today but will be calling me in the morning. The have advised that they are also an Ombudsman and by default the next step would be to them. From the email they have sent I think tomorrow's conversation will be a long one.
    It will be interesting to get confirmation as to whether there is an offer from TSB to comply with the previous decision, and if so whether the 'default' next step is necessary.
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