When Banks don't Act on FOS Findings

eskbanker

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

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.

pmduk

Will TSB have already paid the FOS levy for investigating a complaint?

I'm not sure at what point it becomes payable, perhaps FOS is giving them a bulk discount this year!

masonic

pmduk wrote: »

Will TSB have already paid the FOS levy for investigating a complaint?

I'm not sure at what point it becomes payable, perhaps FOS is giving them a bulk discount this year!

The levy is an annual charge paid by all firms, whereas a case fee is charged based on actual usage.

"how much is the case fee?
[All businesses are entitled to a number of “free” cases. We don’t currently charge a case fee for the first 25 cases in a year.]
The case fee for the 26th (and any subsequent) “chargeable” case is £550.
It becomes chargeable when our consumer helpline passes a complaint on to one of our adjudicators for further investigation. However, the fee isn’t actually payable until the complaint is resolved. Our finance team sends out an invoice to the business involved at the end of the month in which we close our case."
https://www.financial-ombudsman.org.uk/publications/technical_notes/QG1.pdf

For cases such as Cotta's, it ought to be a monthly fee.

Cotta

This came yesterday evening but I am only picking this up now, it's from the original adjudicator.

Dear Mr. Cotta,

I have been asked to prepare your case for the Ombudsman and to clarify a few points that you may has misinterpreted before.

- In terms of your case going to the Ombudsman, I only outlined that there was a "chance" of a reduced offer, however my Manager whist accepting this could happen has indicated that a reduction is unlikely.

- In terms of the 9 weeks lapse from TSB since 18th December, my Manager has echoed my own sentiments in that TSB will not be punished for this nor will they be punished for the further delay brought to you through referring this to Ombudsman. No compensation will therefore be awarded for this.

- My Manager has also outlined that my original award was certainly at the upper ends of what would be awarded and the chances of exceeding this are minimal. It is hoped that the Ombudsman will agree with my original suggestions which will then make this legally binding for TSB.

I hope the above clarifies everything.

Kind Regards
FOS

masonic

I'm sure it was the manager who first suggested more compensation should be awarded for the delays, and the adjudicator who pushed for this on a number of occasions. How they've changed their tune.

Cotta

IanManc wrote: »

This is just the adjudicator trying to minimise the total mess she's made of your case. It is purely self-serving. I 'd take it with a pinch of salt, and just await the decision of the Ombudsman.

Agreed, however I think the original offer is the best I can expect.

eskbanker

Cotta wrote: »

Agreed, however I think the original offer is the best I can expect.

Not sure I'd agree with that and would certainly be reluctant to consider it an 'offer' - it was a decision made by an authorised representative of FOS, which the institution was instructed to pay, having first verbally agreed that it was appropriate (according to the adjudicator).

Either the adjudicator was telling porkies or TSB are reneging on their acceptance of the decision - either way I don't see why you should be expected to settle for less, even though the ombudsman would indeed have the power to do so....

EachPenny

Cotta wrote: »

- In terms of your case going to the Ombudsman, I only outlined that there was a "chance" of a reduced offer, however my Manager whist accepting this could happen has indicated that a reduction is unlikely.

I.e. 'Arris covering'

Cotta wrote: »

- In terms of the 9 weeks lapse from TSB since 18th December, my Manager has echoed my own sentiments in that TSB will not be punished for this nor will they be punished for the further delay brought to you through referring this to Ombudsman. No compensation will therefore be awarded for this.

In my view it isn't really a question of 'punishing' TSB, but getting to the bottom of the causes of that delay and who was responsible. That will then determine which party should feel morally obliged to make you a 'gesture of goodwill' payment to reflect the inconvenience and extra effort you've been put to during that period of time.

Cotta wrote: »

- My Manager has also outlined that my original award was certainly at the upper ends of what would be awarded and the chances of exceeding this are minimal. It is hoped that the Ombudsman will agree with my original suggestions which will then make this legally binding for TSB.

More 'Arris covering'

Cotta wrote: »

I hope the above clarifies everything.

The situation remains as clear as mud, but the purpose of the email is crystal clear.

Cotta

Another update from FOS:


Dear Mr. Cotta,

TSB have got in touch to advise that they are unsure as to why your compensation was not paid but they have stressed that they are inundated with compensatory requests and it's likely you have fallen through the gaps.

TSB have said they are willing to make the payment but will under no circumstances be offering anything for the 9+ week delay as the feel your two awards are in the upper regions of what they would have paid had FOS not got involved. This is inline with what the Manager advised last week.

If you wish to accept this offer please advise by close of business tomorrow.

Regards
FOS