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When Banks don't Act on FOS Findings

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  • masonic
    masonic Posts: 27,308 Forumite
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    I'm confused, who sent this email? Not the Ombudsman I presume. Why is anyone else in contact with TSB over your case?

    I think you really need to emphasise in the strongest terms that you have twice accepted an identical offer and twice it has gone unpaid. Your reason for going to the Ombudsman is because TSB has twice failed to make good on their offer, so this offer should be viewed no differently until such time as the money has been paid.

    If I were in your shoes, I think I'd go as far as saying I don't believe TSB will pay and fear this is just a delaying tactic.
  • Cotta
    Cotta Posts: 3,667 Forumite
    masonic wrote: »
    I'm confused, who sent this email? Not the Ombudsman I presume. Why is anyone else in contact with TSB over your case?

    I think you really need to emphasise in the strongest terms that you have twice accepted an identical offer and twice it has gone unpaid. Your reason for going to the Ombudsman is because TSB has twice failed to make good on their offer, so this offer should be viewed no differently until such time as the money has been paid.

    If I were in your shoes, I think I'd go as far as saying I don't believe TSB will pay and fear this is just a delaying tactic.


    This was sent by the original adjudicator. I suppose now the risk is to again accep original outcome from the adjudicator or continue pushing it to the Ombudsman at the risk of receiving less.
  • eskbanker
    eskbanker Posts: 37,282 Forumite
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    Cotta wrote: »
    This was sent by the original adjudicator. I suppose now the risk is to again accep original outcome from the adjudicator or continue pushing it to the Ombudsman at the risk of receiving less.
    Have you had any contact from the ombudsman yet, if it was referred to them nearly a week ago?

    It may be worth contacting the manager who you were dealing with, and asking for clear guidance as to your options, and in particular whether acceptance of the TSB offer would affect either or both of the ombudsman escalation and the complaint to the manager.

    I would hope that it's viable to say to the adjudicator (and/or any of the other players involved) that you have no desire to reject the original compensation but, especially in the light of numerous previous broken promises from TSB, you have no wish to prematurely terminate either of the escalation and complaint processes that have already been initiated.
  • Cotta
    Cotta Posts: 3,667 Forumite
    No communication from the Ombudsman as of yet.

    I have told the adjudicator that while I am happy to accept the original offer TSB have on numerous times failed to act on FOS' requests and I would like the delay looked into which was not covered in the initial investigation.
  • Lokolo
    Lokolo Posts: 20,861 Forumite
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    Any update Cotta?
  • HampshireH
    HampshireH Posts: 4,944 Forumite
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    All gone very quiet. Has this now been resolved
  • Cotta
    Cotta Posts: 3,667 Forumite
    Apologies for the lack of an update, I received the following last Friday from the original adjudicator, however as of yet I have not responded.


    Dear Mr. Cotta,

    Just to advise that your case is still pending with the Ombudsman and we are hoping it will be picked up by an Ombudsman shortly (usually within 4-6 weeks).

    Can I advise that you do still have the option to cancel Ombudsman proceedings at any point. Having reviewed your case further along with comparable cases there is a strong possibly that if any award is made by the Ombudsman it will be within the £200 remit.

    Please note that our offices as of yet have not receivied confirmation from TSB that the original advisory amount was paid, can you confirm that this definitely has not been paid? It is highly unusual for a bank not to act on FOS recommendations.

    Please confirm the above by 11.03.19.

    Regards
    FOS
  • masonic
    masonic Posts: 27,308 Forumite
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    Blimey, yes don't forget that you can cancel at any point. It's nice that this case is so special to her that she's continuing to research it so she can suggest you'll receive a lower amount than she could have got you, even though it would taken so long to come thought it would probably have had to be paid into your estate.
  • djpailo
    djpailo Posts: 551 Forumite
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    She'll probably remind you that you can also receive your compensation in pennies if you so choose.
  • Cotta
    Cotta Posts: 3,667 Forumite
    If what the adjudicator has said is correct then this case defaulting to the Ombudsman is going to be costly for me.
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