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When Banks don't Act on FOS Findings

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  • Cotta
    Cotta Posts: 3,667 Forumite
    Those will be questions for the Manager after the Ombudsman has completed their investigation into TSB.
  • masonic
    masonic Posts: 27,267 Forumite
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    Cotta wrote: »
    I was advised that when TSB are aware of Ombudsman involvement they may come through with an offer.
    If TSB do come through with an offer, if you are willing to accept it, I'd still try to get the Ombudsman to make it his (or her) legally binding decision so that you don't end up asking for the case to be reopened some weeks later when it doesn't materialise.
  • Cotta
    Cotta Posts: 3,667 Forumite
    masonic wrote: »
    If TSB do come through with an offer, if you are willing to accept it, I'd still try to get the Ombudsman to make it his (or her) legally binding decision so that you don't end up asking for the case to be reopened some weeks later when it doesn't materialise.

    TSB are refuting that it's them that have sent this to the Ombudsman despite have failed to act on FOS recommendations from 18th December.
  • masonic
    masonic Posts: 27,267 Forumite
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    Cotta wrote: »
    TSB are refuting that it's them that have sent this to the Ombudsman despite have failed to act on FOS recommendations from 18th December.
    So they've paid you then yes? If not, then they've sent it to an Ombudsman by not complying with the decision.

    Seems to me this case will form a valuable precedent for the FOS regarding what happens when a firm breaches its regulatory obligation to cooperate with the service.
  • pmduk
    pmduk Posts: 10,682 Forumite
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    masonic wrote: »
    So they've paid you then yes? If not, then they've sent it to an Ombudsman by not complying with the decision.

    Seems to me this case will form a valuable precedent for the FOS regarding what happens when a firm breaches its regulatory obligation to cooperate with the service.

    If, of course, they were ever told of the decision!
  • Cotta
    Cotta Posts: 3,667 Forumite
    pmduk wrote: »
    If, of course, they were ever told of the decision!



    The Manager has confirmed they were given three weeks.
  • masonic
    masonic Posts: 27,267 Forumite
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    pmduk wrote: »
    If, of course, they were ever told of the decision!
    The manager who has reviewed the case will know this, and spoke to TSB yesterday. It seems unlikely she would have advised Cotta to take it to an Ombudsman if TSB had not been told of the decision.
  • masonic
    masonic Posts: 27,267 Forumite
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    edited 15 February 2019 at 10:50AM
    Cotta wrote: »
    The Manager has confirmed they were given three weeks.
    Has the manager confirmed whether the breach will be reported to the FCA?

    It's clear the issues within customer services and compliance are long standing and showing no signs of going away. The FCA ought to step in and take enforcement action, such as preventing TSB from taking on any new customers until they have cleared the backlogs of complaints and demonstrated improved CS performance.
  • eskbanker
    eskbanker Posts: 37,208 Forumite
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    Cotta wrote: »
    TSB are refuting that it's them that have sent this to the Ombudsman despite have failed to act on FOS recommendations from 18th December.
    I find this puzzling in the light of yesterday's update:
    Cotta wrote: »
    The Manager has called to advise that TSB are not playing ball and has further advised that the case should go to an Ombudsman and I have agreed to this.
    Surely the conversation must have been along the lines of:

    Manager: Are you going to pay up as per FOS decision?
    TSB: No.
    Manager: If you're refusing then this is going to an ombudsman.
    TSB: OK [bring it on, we're not paying another penny, etc]
  • Cotta
    Cotta Posts: 3,667 Forumite
    eskbanker wrote: »
    I find this puzzling in the light of yesterday's update:Surely the conversation must have been along the lines of:

    Manager: Are you going to pay up as per FOS decision?
    TSB: No.
    Manager: If you're refusing then this is going to an ombudsman.
    TSB: OK [bring it on, we're not paying another penny, etc]

    This is a good point and is an issue in how the case is being managed as it is me who has to trigger the Ombudsman action, however I have put in a stipulation that this has really been triggered by TSB's failure to comply.
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