Bank not advising of my rights to contact Financial Ombudsman Service following making a complaint

Thrugelmir

JohnSmith999 said:

Nearlyold said:

JohnSmith999 said:

At the time, I learned from solicitors that he had 'nothing' in his bank accounts, so he'd gone to great lengths to hide the money. And then he skipped the country.

Did these solicitors you know give you any sort of opinion on your case against the bank, they might be able to give you a few pointers to an approach that would yield success or conversely identify any fundamental flaws in your case that means there is no prospect of a positive outcome in terms of the bank repaying you - either way it could save you a lot of wasted time and heartache.

I didn't discuss that with the solicitors at the time, as we just discussed dealing with the fraudster. It costs me nothing to challenge the bank about things now, whereas to go back to the solicitors (and they wouldn't have any of my paperwork about it now, from 2011) would cost a lot of money. Hence, I'll go to the bank direct.

Likewise how much paperwork will you bank still have?

jonesMUFCforever

With it being a complaint (if it was recorded properly as one) the bank might have a legal hold on the paperwork. This means they might have to keep copies indefinitely - but who knows>?

born_again

jonesMUFCforever said:

With it being a complaint (if it was recorded properly as one) the bank might have a legal hold on the paperwork. This means they might have to keep copies indefinitely - but who knows>?

They might be stuck in a box in Iron Mountain.....
Best guess like everything 6 years and it's going to save costs. unless it was already on the computer system.

Even if it is still there the bank will say no.... (not sure how many times this has to be said)

OP has to let this go and chase the person they lent the money too. If they want the money back, then they have to invest something to see a return.

https://www.moneysavingexpert.com/reclaim/fight-back-fos
>>The service is also not just for new complaints. In many circumstances, you can complain about something that happened up to six years ago. And if you think an old complaint's been badly dealt with, see the Can I re-open my complaint? section.

https://www.moneysavingexpert.com/reclaim/fight-back-fos/#needtoknow-7
>>Each time you complain, a financial company needs to give you a final response. This response must mention the ombudsman's free service, and it can get in trouble if it doesn't. In 2011, RBS and NatWest were fined for not doing this (see MSE News).

If you don't get a final response, or it doesn't mention your right to use the ombudsman within six months of its letter, your timeframes are extended.

In this case, you've three years from when you knew you could make a complaint OR six years from the event you're complaining about taking place.<<

So OP is 3 years too late.

JohnSmith999

born_again said:

jonesMUFCforever said:

With it being a complaint (if it was recorded properly as one) the bank might have a legal hold on the paperwork. This means they might have to keep copies indefinitely - but who knows>?

https://www.moneysavingexpert.com/reclaim/fight-back-fos/#needtoknow-7
>>Each time you complain, a financial company needs to give you a final response. This response must mention the ombudsman's free service, and it can get in trouble if it doesn't. In 2011, RBS and NatWest were fined for not doing this (see MSE News).

If you don't get a final response, or it doesn't mention your right to use the ombudsman within six months of its letter, your timeframes are extended.

In this case, you've three years from when you knew you could make a complaint OR six years from the event you're complaining about taking place.<<

The bank failed to give a final reponse, and failed to mention the FOS with their letter in October 2011, and I was made aware of this being a factor by the FOS in May 2020. So, I have until May 2023.

 

SpreadableToast

JohnSmith999 said:

SpreadableToast said:

JohnSmith999 said:

Herbalus said:

JohnSmith999 said:

This is the point. They acknowledge it was a complaint and didn't do any of this. Had they done so, I would've gone to the FOS.

What you’re missing is that nobody thinks the FOS would have upheld your complaint, so it wouldn’t have made any difference if you’d written to FOS in 2012.  The outcome would still have been the same. 

Hence I don’t think this will achieve anything and you are probably best advised to put your considerable energies towards something that has a better chance of yielding a tangible result.

I'm not missing that some people are saying that. As for the latter bit, what do you suggest?

Yes, you are.
I strongly doubt you would have gone to the FOS if they'd told you.  In fact, I suspect you knew the FOS existed and would have gone to them if you thought you had a case.

You're trying to catch the bank out on a technicality because you think you've been wronged and want vengeance.  You have not been wronged and it's your own fault.  Move on and stop wasting everyone's time.

"Move on and stop wasting everyone's time."

Says the troll who could've just moved on and NOT posted on my thread.

It's an internet forum where anyone is free to post in any thread they want.

If that's a problem, you can make your own forum and only let the people you want to post in your threads be the ones who can post in your threads.

Nearlyold

JohnSmith999 said:

born_again said:

jonesMUFCforever said:

With it being a complaint (if it was recorded properly as one) the bank might have a legal hold on the paperwork. This means they might have to keep copies indefinitely - but who knows>?

https://www.moneysavingexpert.com/reclaim/fight-back-fos/#needtoknow-7
>>Each time you complain, a financial company needs to give you a final response. This response must mention the ombudsman's free service, and it can get in trouble if it doesn't. In 2011, RBS and NatWest were fined for not doing this (see MSE News).

If you don't get a final response, or it doesn't mention your right to use the ombudsman within six months of its letter, your timeframes are extended.

In this case, you've three years from when you knew you could make a complaint OR six years from the event you're complaining about taking place.<<

The bank failed to give a final reponse, and failed to mention the FOS with their letter in October 2011, and I was made aware of this being a factor by the FOS in May 2020. So, I have until May 2023.

 

What is the complaint you are thinking of making to them? Is it that they didn't give you a final response plus FOS rights in 2011 and you are hoping for a bit of Compo of a few squids for that issue, or is it that you are hoping they will reopen your complaint that they should have been monitoring who you chose to willingly send your money to, and that they will then change their minds and give you back the money you sent to your now ex-friend?
Or is that if they reject your complaint you will be able to go to FOS who will agree with you and instruct the bank to repay the money you sent to your now ex-friend?

born_again

JohnSmith999 said:

born_again said:

jonesMUFCforever said:

With it being a complaint (if it was recorded properly as one) the bank might have a legal hold on the paperwork. This means they might have to keep copies indefinitely - but who knows>?

https://www.moneysavingexpert.com/reclaim/fight-back-fos/#needtoknow-7
>>Each time you complain, a financial company needs to give you a final response. This response must mention the ombudsman's free service, and it can get in trouble if it doesn't. In 2011, RBS and NatWest were fined for not doing this (see MSE News).

If you don't get a final response, or it doesn't mention your right to use the ombudsman within six months of its letter, your timeframes are extended.

In this case, you've three years from when you knew you could make a complaint OR six years from the event you're complaining about taking place.<<

The bank failed to give a final reponse, and failed to mention the FOS with their letter in October 2011, and I was made aware of this being a factor by the FOS in May 2020. So, I have until May 2023.

 

So how did FOS get involved in 2020? Which is 9 years after your complaint?
Just maybe as they only sent you a list of the transactions and nothing else, is it possible that it was not taken as a compliant?

colsten

born_again said:

JohnSmith999 said:

born_again said:

jonesMUFCforever said:

With it being a complaint (if it was recorded properly as one) the bank might have a legal hold on the paperwork. This means they might have to keep copies indefinitely - but who knows>?

https://www.moneysavingexpert.com/reclaim/fight-back-fos/#needtoknow-7
>>Each time you complain, a financial company needs to give you a final response. This response must mention the ombudsman's free service, and it can get in trouble if it doesn't. In 2011, RBS and NatWest were fined for not doing this (see MSE News).

If you don't get a final response, or it doesn't mention your right to use the ombudsman within six months of its letter, your timeframes are extended.

In this case, you've three years from when you knew you could make a complaint OR six years from the event you're complaining about taking place.<<

The bank failed to give a final reponse, and failed to mention the FOS with their letter in October 2011, and I was made aware of this being a factor by the FOS in May 2020. So, I have until May 2023.

 

So how did FOS get involved in 2020? Which is 9 years after your complaint?

There was apparently another complaint in 2018, in the process of which the OP learnt of the existence of the FOS.

In September 2018, I thought I'd read about the fact a further complaint could be made to my bank even though it was over 6 years since the original situation. Turns out I was wrong, and my bank refused to refund me any of the transactions, and sent me a letter confirming this as a final response and saying I had 6 months to contact the Financial Ombudsman service.

   The FOS isn't interested though.

I did, and the FOS eventually said on May 22nd 2020 (they gave a reply in late Feb 2020, but I made further discussions and an appeal to them which took things up to May 22nd) that they couldn't take action because I should've complained to them after complaining to my bank in October 2011.

Unsurprisingly, neither was the Police 

At one point, I did go to the police about this but while I don't want to go into detail about that here, it's obvious I haven't had a positive outcome from them.

mab3000

Nearlyold said:

This is a quote from an Ombudsman's final decision on a similar complaint they dealt with:- 

"It was not HSBC’s responsibility to monitor or investigate how Miss C chose to spend her own money. Banks sometimes do block or question purchases as a measure to combat fraud and ensure that money is only spent by its customers, and not stolen by third parties. But it doesn’t have to police how its customers choose what to spend their money on. The transactions Miss C is complaining about were all made by her, and so the bank had a duty to follow her instructions. I don’t agree that HSBC had to ensure that she spent her money wisely."

I think this post should be a clear indication to the OP about their chances of the bank being held liable for the basis of their original complaint. 

Just because they didn’t tell them about the right to take the original complaint further isn’t going to change this, taking this complaint further at best is going to get them an apology and a small amount of compensation. 

born_again

colsten
So really sounds like they did not take the original request as a complaint. Given it was 7 years after the event. Which would bear out the simple send of a transaction list. Which makes you wonder if the OP simply asked how much they had sent rather than actually complained they had been duped.