When Banks don't Act on FOS Findings

eskbanker

Cotta wrote: »

In relation to the delay following the adjudicator's recommendations, I am minded not to further punish the business especially taking into account the extenuating circumstances that TSB have endured.

I can't for the life of me understand why FOS are so keen to cut TSB so much slack! Let's not forget that their problems were self-inflicted, and even if FOS were broadly sympathetic to the volume of remediation activity, it still doesn't make it a punishment to hold them accountable for demonstrable failings to adhere to FOS processes (e.g. not explicitly rejecting the FOS findings) and the resultant impact on you, in terms of the amount of inconvenience they put you through. In any case, according to the info previously published, the backlog was largely resolved well before last December, so I simply don't see that as relevant.

Cotta wrote: »

Please note that I cannot communicate further on your case until I have issued you with my findings.

Seems a bit pointless to be issuing an update but denying any sort of right of reply!

Cotta

I am a little confused with FOS processes, however it's probably worth waiting for the final decision next week as the Ombudsman does not seem overly sure of the process either. I do feel that something should be offered for the delay.

EachPenny

Cotta wrote: »

I am a little confused with FOS processes, however it's probably worth waiting for the final decision next week as the Ombudsman does not seem overly sure of the process either. I do feel that something should be offered for the delay.

I think we all do.

But if the FOS aren't going to push TSB into doing that then you need to go after FOS instead.

Have you had any formal correspondence from FOS regarding the complaint you made about their service? Have they given you a complaint reference number or anything similar?

Cotta

EachPenny wrote: »

I think we all do.

But if the FOS aren't going to push TSB into doing that then you need to go after FOS instead.

Have you had any formal correspondence from FOS regarding the complaint you made about their service? Have they given you a complaint reference number or anything similar?

All that's been said is that the complaint would be looked at when the case with TSB has concluded.

The only thing that happened on an off the record basis was the Ombudsman wearing her Managerial hat calling TSB to request the outstanding compensation and to request that TSB make an additional offer for the delay. This was obviously not acted on by TSB and it's why I'm confused as to what way the Ombudsman will swing in an official capacity and I still feel there is a conflict of interests.

EachPenny

Cotta wrote: »

The only thing that happened on an off the record basis was the Ombudsman wearing her Managerial hat calling TSB to request the outstanding compensation and to request that TSB make an additional offer for the delay. This was obviously not acted on by TSB and it's why I'm confused as to what way the Ombudsman will swing in an official capacity and I still feel there is a conflict of interests.

I have to say the email asking if you minded them being the ombudsman for your case did scream of wanting to cover the risk of you later complaining about 'conflict of interests'. Your agreement to it might be taken as being happy this wouldn't happen. But there wasn't much else you could really do at that point.

If they haven't given you a complaint reference number or written to you to say your complaint is being considered then as I feared, It looks like your complaint is not yet a 'formal' one. At this stage it is probably best to wait it out, but be ready to ask for the complaint to be formalised if they don't come back to you with a meaningful response (and £££ offer).

Cotta

EachPenny wrote: »

I have to say the email asking if you minded them being the ombudsman for your case did scream of wanting to cover the risk of you later complaining about 'conflict of interests'. Your agreement to it might be taken as being happy this wouldn't happen. But there wasn't much else you could really do at that point.

If they haven't given you a complaint reference number or written to you to say your complaint is being considered then as I feared, It looks like your complaint is not yet a 'formal' one. At this stage it is probably best to wait it out, but be ready to ask for the complaint to be formalised if they don't come back to you with a meaningful response (and £££ offer).

One complaint I might look at is why as a Manager the Ombudsman felt it was acceptable to request some additional compensation off TSB for their delay, but now two months down the line as an Ombudsman she doesn't want to punish them anymore?

nrsql

>> she was taken on to look after the TSB overflow and inadvertently felt that she was part of TSB.

As suspected. Not surprising that she thought she was giving suggestions or advice to TSB that they could then override - as though she was to be trained by TSB.

Cotta

The below just arrived, I had hoped it was their verdict:

Dear Mr. Cotta,

I have been advised that we must consider your full journey during the process including the delay follow the adjudicator's decision in December. I will revert back once I have completed my findings.

Regards
FOS

eskbanker

Cotta wrote: »

The below just arrived, I had hoped it was their verdict:

Dear Mr. Cotta,

I have been advised that we must consider your full journey during the process including the delay follow the adjudicator's decision in December. I will revert back once I have completed my findings.

Regards
FOS

Even though it's not the final answer, it does at least seem to indicate that everything will be factored into the decision when it does come, rather than ignoring the delay as she'd originally suggested, so that should be good news....

badger09

Agree with eskbanker. This sounds positive.

@ Cotta - who was that from? Adjudicator? Manager? Ombudsman?
Advised by whom?:cool: