When Banks don't Act on FOS Findings

eskbanker

Silver_Queen wrote: »

Have you actually received confirmation from anyone besides the original adjudicator that it has been escalated?

The cynic in me thinks that she's not actually done it yet.

The clear implication on 14 February was that the manager was initiating it:

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.

In light of the latest update from the adjudicator it's possibly also worth recalling the manager's take on compo levels, which I'm sure we'd all expect to have way more credibility than the adjudicator's:

Cotta wrote: »

She did say that what's been offered at the moment would be more of a baseline with the Ombudsman rubber stamping it ir recommending an increase. It is only in exceptional situations that an Ombudsman would indicate less.

I was advised that when TSB are aware of Ombudsman involvement they may come through with an offer.

Cotta

Silver_Queen wrote: »

Have you actually received confirmation from anyone besides the original adjudicator that it has been escalated?

The cynic in me thinks that she's not actually done it yet.

It was the Manager who referred it on, there was some controversy at the time as I wanted it to default to the Ombudsman as TSB did not act on FOS recommnendations, however FOS advised I would actually have to refer it.

Silver_Queen

Apologies, I missed that it was the manager who referred it!

I agree with everyone else's sentiments that the adjudicator is most likely just trying to scare you into dropping the matter, I think that she has handled the case incompetently and is worried that she will get into trouble once it's reviewed.

I really hope that this gets resolved for you soon, it's been dragging on for far, far too long.

Cotta

Silver_Queen wrote: »

Apologies, I missed that it was the manager who referred it!

I agree with everyone else's sentiments that the adjudicator is most likely just trying to scare you into dropping the matter, I think that she has handled the case incompetently and is worried that she will get into trouble once it's reviewed.

I really hope that this gets resolved for you soon, it's been dragging on for far, far too long.

It's not terribly far off a year now from when the initial issues arose. I would have thought that as a minimum I would be looking at the same as the offer the adjudicator made around the middle of December. I am surprised that TSB have completely ignored FOS and made no attempt to pay the compensation.

eskbanker

Cotta wrote: »

It's not terribly far off a year now from when the initial issues arose. I would have thought that as a minimum I would be looking at the same as the offer the adjudicator made around the middle of December. I am surprised that TSB have completely ignored FOS and made no attempt to pay the compensation.

At the risk of being pedantic, I'd avoid referring to December's figure as an 'offer' - it shouldn't be forgotten that this was a decision from an authorised FOS representative, which TSB were instructed to pay, having verbally accepted it prior to that. Both the adjudicator and TSB seem to like to view this whole situation as a never-ending negotiation but the fact remains that FOS came up with a figure after careful consideration and analysis and that should be viewed as definitive, especially in the apparent absence of TSB formally rejecting the decision as they're meant to if they wish to challenge it....

poshphil

Having read this thread in its entirety yesterday, I went from being amazed at how badly TSB seem to be at dealing with the issues to possibly more angry on your behalf at how your claim is being handled. Some of the tone and language from your adjudicator is dreadful, as has been pointed out by others, The only person who you have dealt with who seems to have been reasonable in this is your adjudicator's manager and I wonder if it is possible to have this case transferred to them and taken off your current adjudicator?

Bermonia

Having read through this it is clear the OP has been having a nightmare of a time with TSB and FOS.

I would however point out to some individuals that the FOS have not issued a ‘decision’ which is legally binding, what they have issued is an ‘opinion’ which TSB is free to disagree with - as FOS is first and foremost a mediation service they must entertain any potential negotiation to resolve and issue (within reason).

I think the best way forward now is to demand a ‘decision’ from an ombudsman and say that you are not willing to entertain further negotiation you want a decision on the points raised. Once the decision is issued and accepted by you then this is legally binding against TSB.

With regards to complaints FOS won’t entertain complaint with regards to their outcomes but you can clearly make a complaint for how your case has been handled.

Best of luck to you.

eskbanker

Bermonia wrote: »

I would however point out to some individuals that the FOS have not issued a ‘decision’ which is legally binding, what they have issued is an ‘opinion’ which TSB is free to disagree with - as FOS is first and foremost a mediation service they must entertain any potential negotiation to resolve and issue (within reason).

I think the best way forward now is to demand a ‘decision’ from an ombudsman and say that you are not willing to entertain further negotiation you want a decision on the points raised. Once the decision is issued and accepted by you then this is legally binding against TSB.

I certainly referred to a 'decision' above - while you're right that it's the more formal decisions issued by an ombudsman that are the legally-binding ones, my point was really that the outcome reached in mid December was IMHO significantly more definitive than an 'offer', as it represented the culmination of months of debate and negotiation, which had apparently succeeded in achieving a resolution acceptable to all parties.

Post #277 sets the tone:

Cotta wrote: »

And a decision has been made, it came via a telephone call.

- Adjudicator has decided upon an additional £500 to be paid, she has spoken to TSB and they have agreed to this.

So yes, the adjudicator isn't empowered to issue a decision in the binding sense you refer to, but my purpose in using the term was essentially to reiterate the risks of accepting the watered-down language that the adjudicator seems to favour!

Cotta

eskbanker wrote: »

I certainly referred to a 'decision' above - while you're right that it's the more formal decisions issued by an ombudsman that are the legally-binding ones, my point was really that the outcome reached in mid December was IMHO significantly more definitive than an 'offer', as it represented the culmination of months of debate and negotiation, which had apparently succeeded in achieving a resolution acceptable to all parties.

Post #277 sets the tone:
So yes, the adjudicator isn't empowered to issue a decision in the binding sense you refer to, but my purpose in using the term was essentially to reiterate the risks of accepting the watered-down language that the adjudicator seems to favour!

To complicate matters further, FOS went on to advise that I should be paid the missed interest, this I feel is now completely lost.

EachPenny

Cotta wrote: »

To complicate matters further, FOS went on to advise that I should be paid the missed interest, this I feel is now completely lost.

On the contrary, you should now be pushing for interest on the missing interest.

It is important to remember that you have been wronged - the FOS and TSB are not being generous and doing you a favour by giving you some money. They are (or rather should be) returning you to the position you should have been in to start with, and reflecting the additional cost/time you have spent trying to get the situation sorted.