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When Banks don't Act on FOS Findings

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  • Cotta
    Cotta Posts: 3,667 Forumite
    It seems the Manager has had a quick look at my file, I am a little concerned on point 2, should I say anything here?



    Dear Mr. Cotta,

    Further to your email I want to confirm we will have an initial conversation tomorrow morning. From looking at your file there are two key points that I think we need to look at:

    • Getting your existing compensation over the line.
    • What if anything do you want done about the delay from December 18th until the date the money arrives into your account?



    One these points are addressed we will then take a deeper look at key aspects of your complaint relating to FOS.



    Kind Regards

    FOS


  • What do you actually want them to do about the delay? Do you want them to pay extra, do you want an apology or are you happy to let it go entirely?

    If you ask me, I would be inclined to ask for a small increase for the time you've had to waste dealing with this for the last two months. Perhaps £100 or so. I'm no expert though, so better see what the more seasoned people on here think.
    Debt Totals July 2019::
    [STRIKE]£350 Natwest Credit Card [/STRIKE]/ ]Now £0 (paid off and closed 04/2017) £15,500 postgrad loan from parents/ Now £7,000 £5,000 sister loan/ Now £0[STRIKE]£500 train ticket loan from parents [/STRIKE]/ Now £0 (paid off 16/02/18)[STRIKE]£2,000 Overdraft[/STRIKE] Now £0 (paid off 09/03/18) £1,967.83 Barclays 0% card Now £0
    Total £7,000
  • Tammykitty
    Tammykitty Posts: 1,005 Forumite
    Fifth Anniversary 500 Posts Name Dropper Combo Breaker
    Cotta wrote: »
    It seems the Manager has had a quick look at my file, I am a little concerned on point 2, should I say anything here?



    Dear Mr. Cotta,

    Further to your email I want to confirm we will have an initial conversation tomorrow morning. From looking at your file there are two key points that I think we need to look at:

    • Getting your existing compensation over the line.
    • What if anything do you want done about the delay from December 18th until the date the money arrives into your account?



    One these points are addressed we will then take a deeper look at key aspects of your complaint relating to FOS.



    Kind Regards

    FOS




    I would say - that your main issue is getting the agreed compensation paid, and if it paid with 1 week, then you will not be requesting anything additional as a gesture of goodwill, but if it is not paid within a shorttime frame, then you reserve the right to request additional compensation
  • masonic
    masonic Posts: 27,216 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    In my view, you should say that if TSB is willing to settle the matter without any further delay you will accept the payment required in the 18th December decision as full and final settlement of your complaint against TSB (this is essentially no change from your position as of 18th December).

    Personally, I think the remaining frustrations with the processes, delays and your treatment should be saved for the later conversation about the FOS.
  • EachPenny
    EachPenny Posts: 12,239 Forumite
    10,000 Posts Combo Breaker
    Cotta wrote: »
    It seems the Manager has had a quick look at my file, I am a little concerned on point 2, should I say anything here?
    I think the second point and the last paragraph need to be considered together. Whether TSB or FOS should be offering you anything further for the additional delay and hassle will depend on whose fault it is.

    If the Adjudicator hasn't been doing their job properly then the FOS should compensate you (on the basis of everything that has happened I would think a figure of circa £200 would be in order).

    But if TSB have genuinely been partly responsible for the delay then the 'Ombudsman' should be asking TSB to make an additional offer.

    To an extent that isn't really your issue - it is up to the FOS and TSB to sort it out between them.

    Something else it would be worth clarifying is whether the 'Manager' will be the 'Ombudsman' who makes a final decision (if that becomes necessary). Part of the reason for the case to go to an Ombudsman was because the Adjudicator doesn't appear to have given a reassuring level of performance.

    Although it makes sense from a complaint handling perspective for a manager to be the first person to deal with a complaint, I (personally) would want there to be some distance between the Adjudicator and the Ombudsman making the final decision with regard to TSB. Otherwise there is always going to be a doubt whether the Ombudsman's decision was impartial, or if it might have been unduly affected by their team member's previous decision.
    "In the future, everyone will be rich for 15 minutes"
  • Cotta
    Cotta Posts: 3,667 Forumite
    Below is one prong of my discussion tomorrow, does this seem acceptable?

    1. Was TSB given a deadline on December 18th of three weeks?
    2. If they were then why was this ignored and will TSB offering further compensation (ruled out so far by the adjudicator and apparently TSB).
    3. If TSB were not given a deadline on December 18th then is FOS culpable for the delay?
  • eskbanker
    eskbanker Posts: 37,147 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Cotta wrote: »
    It seems the Manager has had a quick look at my file, I am a little concerned on point 2, should I say anything here?

    [...]
    • What if anything do you want done about the delay from December 18th until the date the money arrives into your account?
    Just to add to the above posts, you might wish to discuss this with the manager from the broader perspective rather than just the personal one, i.e. to get his view on how it should play out if an institution is intransigent in responding to FOS instructions. As I recall you've asked similar questions more than once on this thread so it may be instructive to get the story from the horse's mouth (rather than the other end of the horse that you seem to have been dealing with up to now ;))
  • masonic
    masonic Posts: 27,216 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I think holding out for even more compensation will push this case to an Ombudsman, as you will be rejecting the decision of the 18th December. I'm not necessarily saying that is the wrong move, but it is perhaps least certain of your available options. Discussing whether the manager thinks you should be given more compensation for the delay might help you decide if this is a road worth going down.
  • Cotta
    Cotta Posts: 3,667 Forumite
    masonic wrote: »
    I think holding out for even more compensation will push this case to an Ombudsman, as you will be rejecting the decision of the 18th December. I'm not necessarily saying that is the wrong move, but it is perhaps least certain of your available options. Discussing whether the manager thinks you should be given more compensation for the delay might help you decide if this is a road worth going down.

    Agreed it's hard to see it not going to an Ombudsman now which as FOS have said will almost certainly not result in an improved outcome. I am still happy with the decision on 18th December but it's the delays since then which is where the issue is. Tomorrow I'll finally find out what the correct protocol is when banks ignore FOS.
  • eskbanker
    eskbanker Posts: 37,147 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Cotta wrote: »
    Agreed it's hard to see it not going to an Ombudsman now which as FOS have said will almost certainly not result in an improved outcome. I am still happy with the decision on 18th December but it's the delays since then which is where the issue is. Tomorrow I'll finally find out what the correct protocol is when banks ignore FOS.
    The way I read masonic's comment was that it'll go to an ombudsman only if you're after more compensation so if you simply accept the December decision then I'd expect the manager would be able to ensure that this is delivered.
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