When Banks don't Act on FOS Findings

masonic

There are several payment bands. The previous adjudicator was working on one band, but that doesn't mean an Ombudsman could not weigh things up and decide that a higher band is now appropriate.

eskbanker

Cotta wrote: »

Completely true, however as the original amount awarded to me was in the adjudicator's words "the maximum allowance," it seems hard to comprehend how I could receive more. If I am being completely honest, I feel that the delay since December and the lack of a response from TSB to FOS recommendations should be taken into account, however the adjudicator has already advised that no further payments will be requested due to TSB's inaction.

I'd take the adjudicator's thoughts on this with a large bucket of salt as her agenda has consistently been to emphasise how in her opinion you should take what was on offer (without further escalation) and be thankful for it, because you were very lucky to be awarded £500, TSB were unhappy about it and an ombudsman would probably reduce it!

Having said that, I agree with her that £500 was a good result, as I think I said at the time, given your mitigation of their issues by shifting your day to day banking elsewhere after the first round of problems, so I'd be surprised if an ombudsman increased (or reduced) that, based on the situation as at mid December.

However, I do get the argument that TSB's subsequent failure to settle or respond has been pretty reprehensible, but whether that translates into more compensation is debatable (but it's not a debate involving the adjudicator anymore!). As per prior posts, it would certainly appear that there's been fault on the FOS adjudicator's side, but it's not clear to me whether the ombudsman will consider that as part of his/her assessment of the case itself or if this remains a matter for the complaint to the manager about the FOS conduct....

Cotta

eskbanker wrote: »

However, I do get the argument that TSB's subsequent failure to settle or respond has been pretty reprehensible, but whether that translates into more compensation is debatable (but it's not a debate involving the adjudicator anymore!). As per prior posts, it would certainly appear that there's been fault on the FOS adjudicator's side, but it's not clear to me whether the ombudsman will consider that as part of his/her assessment of the case itself or if this remains a matter for the complaint to the manager about the FOS conduct....

The Manager did partially address this point at the time in that it may need to be logged as a new complaint with TSB which would likely bounce back to FOS and at that point it's all to play for. At present this aspect has been added to the complaint with the Ombudsman, however they will determine if it needs to be a new complaint.

IanManc

The case is going to be assessed by an Ombudsman. The adjudicator is just trying to get you to drop the referral to the Ombudsman because she has handled your case badly and doesn't want anyone to see that, so everything she says is designed to get herself off the hook rather than to help you.

All you need to do now is wait for the Ombudsman's decision and ignore any further attempts by the adjudicator to intimidate or frighten you.

pmduk

IanManc wrote: »

All you need to do now is wait for the Ombudsman's decision and ignore any further attempts by the adjudicator to intimidate or frighten you.

And possibly contemplate a formal complaint about the FOS itself, or even sell the story to the Daily Wail, (whose personal finance pages are usually looking for sticks to batter the FOS with.)

Cotta

This arrived in my inbox just now:


Dear Mr. Cotta,

I hope this email finds you well.

I wanted to update you this morning to advise that the Ombudsman is still reviewing your case and a decision is now pending.

I wanted to further update you from on a conversation with our colleagues in TSB who have been in touch to advise that they feel it was “unreasonable” of you to forward this case to the Ombudsman and that they had agreed in principle to my finding back in December 2018. Whilst accepting that they could have actioned this in a much more efficient manner they feel that there were no grounds for you to take the “draconian” action you did. Furthermore as they feel my ruling was “overtly generous” when compounded with the first recommendations and subsequently payments, our colleagues at TBS are satisfied that this is now with the Ombudsman in order to garner a “fairer” settlement figure. They feel comfortable that the amount recommended by my offices will not be exceeded and may well be reduced, TSB have also outlined that they wanted it known that they have “fully and fairly” dealt with your issues since the IT fallout.

At this point I cannot comment further on the case but to say that the TSB offer appears to be off the table, this leaves you with only two choices (a) cancel your case with the Ombudsman or (b) wait for the Ombudsman’s final ruling.

If you have any queries please feel free to contact me.

Regards

FOS

IanManc

The latest message received from the adjudicator is disgraceful.

Now that the matter is with an Ombudsman I can see no reason why the adjudicator is still involving herself with it or corresponding with you.

And why would TSB think that the matter going to an Ombudsman was "unreasonable" and "draconian" and yet be "satisfied" it has gone there as they expect a "fairer" outcome?

It doesn't make sense.

When this is all over and you have received your payout from TSB I think you should start a complaint against the FOS concerning the way the adjudicator has mishandled the case and the way she has treated you.

There is no reason for you to "cancel your case with the Ombudsman".

There is no possible benefit to you in terminating the case.

eskbanker

It's also worth reiterating that when the case was escalated to a manager, they tried to get TSB to stump up and were denied on 14 February, so it was effectively at the manager's suggestion to refer to an ombudsman (as the TSB "offer" (as the adjudicator chooses to refer to it) was already off the table), as per post #517:

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.

Are you still in contact with the manager? I'd forward the adjudicator's subsequent correspondence and ask what's going on with the adjudicator's continuing attempts to stir things up....

Cotta

I think I will make contact with the Manager but I am reluctant to as a final decision is bound to be imminent.

On why the adjudicator has contacted me today, I assume it has something to do with the delay in TSB making their payments. They are probably trying to cover themselves to ensure that I am not offered a higher compensatory amount than what the adjudicator outlined.

eskbanker

Cotta wrote: »

On why the adjudicator has contacted me today, I assume it has something to do with the delay in TSB making their payments. They are probably trying to cover themselves to ensure that I am not offered a higher compensatory amount than what the adjudicator outlined.

Now that the case has been referred to an ombudsman, it makes no sense to me for TSB and the adjudicator to be continuing any sort of dialogue about it, and I can't believe that doing so would affect the ombudsman's ultimate ruling, so this once again just comes across as the adjudicator running scared of her conduct being scrutinised.

Have you been given the chance to brief the ombudsman with your thoughts on the matter yet?