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Co-operative bank refusing to pay £125 refer-a-friend offer FOS case

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Comments

  • ForumUser7
    ForumUser7 Posts: 2,501 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    Section62 said:
    Ed-1 said:
    Section62 said:
    Ed-1 said:


    Success at last (in this case at least).
    Excellent outcome!

    Did you highlight to the Ombudsman the "clear, fair and not misleading" issue based on BCOBS (e.g. as per my post earlier in the thread) yourself, or did the Ombudsman come up with that on their own?

    I wonder why the investigator didn't apply that test in the first place.
    I didn't mention it. But the Ombudsmen are clued up.
    Thanks.  Some of the Ombudsmen are really good, but some of the others...
    I did mention to the Ombudsman the "clear, fair and not misleading" issue based on BCOBS so hopefully that will run in my favour. Many thanks for mentioning this earlier in the thread, I suspect this information will be invaluable.
    Although I don't know if precedent happens in the FOS, it may be worth sending them a link to the post with that case decision - if a colleague upheld it, they may feel more inclined to do the same
    If you want me to definitely see your reply, please tag me @forumuser7 Thank you.

    N.B. (Amended from Forum Rules): You must investigate, and check several times, before you make any decisions or take any action based on any information you glean from any of my content, as nothing I post is advice, rather it is personal opinion and is solely for discussion purposes. I research before my posts, and I never intend to share anything that is misleading, misinforming, or out of date, but don't rely on everything you read. Some of the information changes quickly, is my own opinion or may be incorrect. Verify anything you read before acting on it to protect yourself because you are responsible for any action you consequently make... DYOR, YMMV etc.
  • Section62 said:
    Ed-1 said:
    Section62 said:
    Ed-1 said:


    Success at last (in this case at least).
    Excellent outcome!

    Did you highlight to the Ombudsman the "clear, fair and not misleading" issue based on BCOBS (e.g. as per my post earlier in the thread) yourself, or did the Ombudsman come up with that on their own?

    I wonder why the investigator didn't apply that test in the first place.
    I didn't mention it. But the Ombudsmen are clued up.
    Thanks.  Some of the Ombudsmen are really good, but some of the others...
    I did mention to the Ombudsman the "clear, fair and not misleading" issue based on BCOBS so hopefully that will run in my favour. Many thanks for mentioning this earlier in the thread, I suspect this information will be invaluable.
    Although I don't know if precedent happens in the FOS, it may be worth sending them a link to the post with that case decision - if a colleague upheld it, they may feel more inclined to do the same
    Is there a Case Number or Reference that could be quoted?
  • Bridlington1
    Bridlington1 Posts: 3,940 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    Section62 said:
    Ed-1 said:
    Section62 said:
    Ed-1 said:


    Success at last (in this case at least).
    Excellent outcome!

    Did you highlight to the Ombudsman the "clear, fair and not misleading" issue based on BCOBS (e.g. as per my post earlier in the thread) yourself, or did the Ombudsman come up with that on their own?

    I wonder why the investigator didn't apply that test in the first place.
    I didn't mention it. But the Ombudsmen are clued up.
    Thanks.  Some of the Ombudsmen are really good, but some of the others...
    I did mention to the Ombudsman the "clear, fair and not misleading" issue based on BCOBS so hopefully that will run in my favour. Many thanks for mentioning this earlier in the thread, I suspect this information will be invaluable.
    Although I don't know if precedent happens in the FOS, it may be worth sending them a link to the post with that case decision - if a colleague upheld it, they may feel more inclined to do the same
    I don't think I would be able to submit it as evidence now anyway since the deadline for submitting evidence passed a while ago.  I appreciate the suggestion though.
  • ForumUser7
    ForumUser7 Posts: 2,501 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    Section62 said:
    Ed-1 said:
    Section62 said:
    Ed-1 said:


    Success at last (in this case at least).
    Excellent outcome!

    Did you highlight to the Ombudsman the "clear, fair and not misleading" issue based on BCOBS (e.g. as per my post earlier in the thread) yourself, or did the Ombudsman come up with that on their own?

    I wonder why the investigator didn't apply that test in the first place.
    I didn't mention it. But the Ombudsmen are clued up.
    Thanks.  Some of the Ombudsmen are really good, but some of the others...
    I did mention to the Ombudsman the "clear, fair and not misleading" issue based on BCOBS so hopefully that will run in my favour. Many thanks for mentioning this earlier in the thread, I suspect this information will be invaluable.
    Although I don't know if precedent happens in the FOS, it may be worth sending them a link to the post with that case decision - if a colleague upheld it, they may feel more inclined to do the same
    I don't think I would be able to submit it as evidence now anyway since the deadline for submitting evidence passed a while ago.  I appreciate the suggestion though.
    When I've used the FOS, I've found they do accept further comments generally - it may be worth sending it across anyway, not stating it is evidence, just saying you saw it - and then it's up to them whether or not they'll look at it, I'd be surprised if they didn't but as you've said, the evidence deadline has passed so they would be perfectly allowed not to if they were so inclined.
    If you want me to definitely see your reply, please tag me @forumuser7 Thank you.

    N.B. (Amended from Forum Rules): You must investigate, and check several times, before you make any decisions or take any action based on any information you glean from any of my content, as nothing I post is advice, rather it is personal opinion and is solely for discussion purposes. I research before my posts, and I never intend to share anything that is misleading, misinforming, or out of date, but don't rely on everything you read. Some of the information changes quickly, is my own opinion or may be incorrect. Verify anything you read before acting on it to protect yourself because you are responsible for any action you consequently make... DYOR, YMMV etc.
  • masonic
    masonic Posts: 27,556 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Section62 said:
    Ed-1 said:
    Section62 said:
    Ed-1 said:


    Success at last (in this case at least).
    Excellent outcome!

    Did you highlight to the Ombudsman the "clear, fair and not misleading" issue based on BCOBS (e.g. as per my post earlier in the thread) yourself, or did the Ombudsman come up with that on their own?

    I wonder why the investigator didn't apply that test in the first place.
    I didn't mention it. But the Ombudsmen are clued up.
    Thanks.  Some of the Ombudsmen are really good, but some of the others...
    I did mention to the Ombudsman the "clear, fair and not misleading" issue based on BCOBS so hopefully that will run in my favour. Many thanks for mentioning this earlier in the thread, I suspect this information will be invaluable.
    Although I don't know if precedent happens in the FOS, it may be worth sending them a link to the post with that case decision - if a colleague upheld it, they may feel more inclined to do the same
    I don't think I would be able to submit it as evidence now anyway since the deadline for submitting evidence passed a while ago.  I appreciate the suggestion though.
    Personally, I wouldn't be able to resist sharing it with the mere observation that it looks remarkably similar to this complaint.
  • dcs34
    dcs34 Posts: 675 Forumite
    Eighth Anniversary 500 Posts Name Dropper
    Presumably we should expect Co-op to end their current referral offer pretty quickly, in order to amend their T&Cs properly in light of the ombudsman's decision. 

    Although, given their past performance, maybe we shouldn't expect this much of them!
  • masonic
    masonic Posts: 27,556 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    dcs34 said:
    Presumably we should expect Co-op to end their current referral offer pretty quickly, in order to amend their T&Cs properly in light of the ombudsman's decision. 

    Although, given their past performance, maybe we shouldn't expect this much of them!
    Would probably be cheaper for them just to change their stance on refusing to pay the minority who come back for repeats.
  • WillPS
    WillPS Posts: 5,223 Forumite
    Part of the Furniture 1,000 Posts Newshound! Name Dropper
    dcs34 said:
    Presumably we should expect Co-op to end their current referral offer pretty quickly, in order to amend their T&Cs properly in light of the ombudsman's decision. 

    Although, given their past performance, maybe we shouldn't expect this much of them!
    The most recent offer includes this wording:

    2.1.2 not have held a Co-operative Bank current account or smile current account since 01/11/2022. This includes: Current Account, Current Account Plus, Privilege, Privilege Premier, Everyday Extra, Student Account, Cashminder, smile or smilemore; 

    This makes totally clear that you will not be eligible to be referred if you have had £125 before (since you must have had an account after that date in order to have received that money). It also implies they will accept applications from people who have previously received lower amounts, so long as all their accounts were closed no later than 31/10/2022.
  • masonic
    masonic Posts: 27,556 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 2 July 2023 at 6:49AM
    WillPS said:
    dcs34 said:
    Presumably we should expect Co-op to end their current referral offer pretty quickly, in order to amend their T&Cs properly in light of the ombudsman's decision. 

    Although, given their past performance, maybe we shouldn't expect this much of them!
    The most recent offer includes this wording:

    2.1.2 not have held a Co-operative Bank current account or smile current account since 01/11/2022. This includes: Current Account, Current Account Plus, Privilege, Privilege Premier, Everyday Extra, Student Account, Cashminder, smile or smilemore; 

    This makes totally clear that you will not be eligible to be referred if you have had £125 before (since you must have had an account after that date in order to have received that money). It also implies they will accept applications from people who have previously received lower amounts, so long as all their accounts were closed no later than 31/10/2022.
    That term indeed addresses the issue, as it excludes those who have held an account since 01/11/2022. Co-op has not taken issue with those who have had an incentive before (I've had several), just those who kept their account beyond the date they revamped and relaunched each offer. This has been an internal condition from the get-go, so it's good they've finally put it in the T&Cs.
  • soulsaver
    soulsaver Posts: 6,669 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Based on their ruling copied upthread, I think that if the FOS was doing their job they would insist that the Co Op acts fairly and pays ALL those that qualified for a 2nd RAF and pay them compensation for not paying out straight away?

    The also need to look at their investigators' handling which was clearly woeful.


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