When Banks don't Act on FOS Findings

djpailo

Good going Cotta. I think you should inform them to take note of the delay though I am not sure how you would phrase it better than you already have.

Cotta

The adjudicator has just sent the following:


Dear Mr. Cotta,

The Ombudsman has now completed their review and delivered their final verdict. I note that you disagree with their decision so neither you nor the business will be bound by it.

I also note that you have a complaint pending about how this process was managed, how do you wish to proceed with this?

Regqards
FOS

eskbanker

No idea why the adjudicator keeps sticking her oar in, did you get any response when highlighting her conduct to the manager who'd taken on your complaint about FOS (can't recall if this is the same person as the ombudsman deciding on the merits of the case itself against TSB)? Seems to me that you should continue to liaise with the manager on the complaint and I'd see the adjudicator as having no role in the discussion anymore.

Having said that, what she says may flag an issue, in that if the way that the case has been recorded within FOS and their systems suggests that you've actually rejected the decision then I doubt that's what you'd wish to happen, unless you really want to die in a ditch about the delay issue. Did the communication about the decision from the ombudsman make it clear what your options are in terms of what you can do if you disagree with it and what the implications would be?

masonic

I'm confused, has the Ombudsman provided you and TSB with the full written decision and requested your formal response? Or asked you to review the decision prior to it being formalised?

If the former, then I think it's take it or leave it I'm afraid, and I'd definitely clarify you accept the decision and regroup for the subsequent complaint against the FOS. If the latter then I can see why TSB's colleague is getting her knickers in a twist. She's probably worked really hard behind the scenes to ensure the most embarrassing aspect of this case has no mention in the decision.

Cotta

I accepted the ruling as far as it went but I was unable to accept it in full as TSB's ignoring of the December ruling was not addressed. FOS have taken this as an overall rejection and advised that neither of us are bound by their decision. I've asked to speak to a Manager to resolve this matter.

eskbanker

Ouch - I hope you haven't overplayed your hand here. As per my earlier question and masonic's, what did the communication from the ombudsman actually say in terms of the finality of the decision and your options regarding acceptance or not?

Cotta

Oh well looks like TSB have won then, easy come, easy go I guess. Thanks to everyone for your help on this case, I really don't recommend the Financial Ombudsman Service at all.

masonic

All you need to do is clarify that you accept the Ombudsman's decision and you will have won, and this time the decision is enforceable. I can't see why you would reject it, unless you are planning to take TSB to the small claims court.

Either way, I understand the decision will be published in due course.

brianposter

You could point out that you accepted the adjudicators decision back in December (?), and that that decision presumably remains enforceable.

eskbanker

Cotta wrote: »

The Ombudsman has responded. In brief they have effectively rubber stamped the adjudicator's decision to the letter. There were chunks of the issues that they opted not to deal with including the delay following the Adjudicator's decision in December. I have advised that I am happy with the initial fininding but a key point of escalation was to look at the delay from December until now where TSB effectively ignored FOS - I have indicated that I feel this should be addressed.

Just a further thought on this - she said last week that she'd consider the delay as part of the full journey, but that doesn't necessarily mean that she'd conclude that any further action was needed (even though their conduct seems indefensible to most of us). Is there any explicit reference to the duration of the whole episode within the decision?

Cotta wrote: »

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.