Shock at Fin Ombudsman Decision

nossa_2

Hi All, I had cause to complain to my CC issuer Sainsburys Bank, the bank upheld my complaint and offered £100 as a resolution which I accepted. Despite numerous emails and a secure message repeating my acceptance and asking for the £100 offered they did not reply or pay their offer. I took this complaint the the ombudsman thinking it was clear cut but I have just received the ombudsman decision saying that they do not have the power to comment on this case as FCA Disp 2.3 lists the regulated activities and complaints handling is not listed. I am shocked as this means that any institution can offer a resolution (financial or otherwise) and fail to deliver it. Apparently the ombudsman cannot deal with this so the only option is the legal route - this is news to me has anyone else heard  this news? It begs the question of why any bank etc. would bother to pay up on their offer of resolution.

Undervalued

If you have evidence that they have agreed to pay then the matter is not still in dispute. So, a simple "letter before action" followed if necessary by a small claims court action (via Moneyclaim online) should do the trick. 

sheramber

If the ombudsman had decided the payment that would be binding but , in your case, he was not involved, so it is not under his jurisdiction. 

 why any bank etc. would bother to pay up on their offer of resolution.

Customer service.

nossa_2

Sheramber Sainsburys customer service or any department would not reply, so it looks like the small claim courts. Just shocked that the ombudsman doesn't deal with this as there is also FCA Disp 1.4.1(5) that states institutions should " comply promptly with any offer of remedial action or redress accepted by the complainant" but the ombudsman would seem to ignore this.

DE_612183

nossa_2 said:

Sheramber Sainsburys customer service or any department would not reply, so it looks like the small claim courts. Just shocked that the ombudsman doesn't deal with this as there is also FCA Disp 1.4.1(5) that states institutions should " comply promptly with any offer of remedial action or redress accepted by the complainant" but the ombudsman would seem to ignore this.

It may be because the original complaint was not covered - what was the original reason?

nossa_2

No they felt it was an appropriate offer for the complaint but say they cant comment on their failure to take action on delivering their redress

powerful_Rogue

What have the Finnish Ombudsman got to do with this?

born_again

I think the answer is to raise a further complaint with sainsburys & unless they refund. Do not let them resolve & FOS will then make a judgment on the unresolved complaint.

nossa_2

Born forget it will not waste my time with FOS

Ditzy_Mitzy

powerful_Rogue said:

What have the Finnish Ombudsman got to do with this?

The original dispute revolved around the purchase, from Sainsbury's, of a Swede.  

The most sensible thing to do, here, is register another formal complaint.  The OP might even get another ex-gratia payment.

nossa_2

Ditzy I'm going to do that just for the fun 😊😊😊