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When Banks don't Act on FOS Findings

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Comments

  • Cotta
    Cotta Posts: 3,667 Forumite
    eskbanker wrote: »
    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?

    One a one liner that when I followed up at the end of January as to why the compensation wasn't paid, TSB advised they had no idea why it was not paid and at this stage I referred it to the Ombudsman,
  • eskbanker
    eskbanker Posts: 37,659 Forumite
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    Cotta wrote: »
    One a one liner that when I followed up at the end of January as to why the compensation wasn't paid, TSB advised they had no idea why it was not paid and at this stage I referred it to the Ombudsman,
    That sounds to me like TSB are claiming that failure to pay was down to an inadvertent admin issue (due to large backlog, etc) rather than a deliberate ignoring of the FOS instruction, and that the ombudsman has swallowed that version of events.

    However, it's all a moot point if the ombudsman has made a final decision (is this definitely the case?), as this leaves no scope for further discussion with FOS, so as masonic pointed out above, it seems to be at the stage of 'take it or leave it' as far as the case against TSB is concerned, so if you still have the option to do so, then accepting the decision would seem to be the most sensible option.

    Presumably you'll still proceed with the complaint about how FOS have handled the case, even though the outcome of the case itself is no longer up for debate?
  • Cotta
    Cotta Posts: 3,667 Forumite
    eskbanker wrote: »
    That sounds to me like TSB are claiming that failure to pay was down to an inadvertent admin issue (due to large backlog, etc) rather than a deliberate ignoring of the FOS instruction, and that the ombudsman has swallowed that version of events.

    However, it's all a moot point if the ombudsman has made a final decision (is this definitely the case?), as this leaves no scope for further discussion with FOS, so as masonic pointed out above, it seems to be at the stage of 'take it or leave it' as far as the case against TSB is concerned, so if you still have the option to do so, then accepting the decision would seem to be the most sensible option.

    Presumably you'll still proceed with the complaint about how FOS have handled the case, even though the outcome of the case itself is no longer up for debate?

    If I am able to accept the ruling then I will.
  • Cotta
    Cotta Posts: 3,667 Forumite
    I phoned FOS today and accepted the ruling. I indicated I was not happy with some of the service received in particular the non addressal of the delay. FOS advised that they did consider the delay within their review even though they have not specifically mentioned it. Some additional points they outlined were as follows:


    - A Manager will be in touch to discuss the service levels received from FOS.


    - FOS have indicated that it would be prudent to log a fresh complaint with TSB in relation to the delay to get a proper response on this issue. I am not sure if this is worthwhile?
  • eskbanker
    eskbanker Posts: 37,659 Forumite
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    Cotta wrote: »
    FOS have indicated that it would be prudent to log a fresh complaint with TSB in relation to the delay to get a proper response on this issue. I am not sure if this is worthwhile?
    Personally I'd wait until they've paid the £500 before even considering going down that route, for two reasons:
    1. Until they actually stump up, you won't know how long the delay was!
    2. They might try to combine the complaints back together again and try to use it as an excuse not to settle the first one - there's no rational reason to do this of course.
    I suspect that the tone of TSB's comments since December (and before) would suggest that they won't countenance any further compensation, and they'll be boosted by the fact that FOS haven't imposed any sanction for the delay, so they'll probably be confident that they wouldn't be forced to pay any more if they reject another complaint....
  • Cotta
    Cotta Posts: 3,667 Forumite
    It's possibly time to close this one off, I am not sure anything is to be gained from pushing this on.
  • Cotta
    Cotta Posts: 3,667 Forumite
    Another update from my favourite adjudicator:


    Dear Mr. Cotta,

    Following your recent discusssion with FOS, TSB have been instructed to pay you the £500 compensation within the next 4 weeks.

    Furthermore the Ombudsman's Manager will be calling you to discuss some of your concerns around how the process was managed.

    Regards
    FOS
  • HampshireH
    HampshireH Posts: 4,981 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    I have lost the thread a bit but have you also had your money in the account released as well as now the £500 owed?
  • Cotta
    Cotta Posts: 3,667 Forumite
    HampshireH wrote: »
    I have lost the thread a bit but have you also had your money in the account released as well as now the £500 owed?

    Just awaiting for the £500 to be paid and the interest of 5% of a balance of £1500 from April to December.
  • masonic
    masonic Posts: 27,570 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Cotta wrote: »
    Another update from my favourite adjudicator:


    Dear Mr. Cotta,

    Following your recent discusssion with FOS, TSB have been instructed to pay you the £500 compensation within the next 4 weeks.

    Furthermore the Ombudsman's Manager will be calling you to discuss some of your concerns around how the process was managed.

    Regards
    FOS
    If only you'd accepted the £300 offer she came to you with just prior to the Ombudsman's decision...
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