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

masonic

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

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.

WillPS

soulsaver said:

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.

That's not within the remit of the FOS, sadly - although not taking steps to prevent recurrance would be expensive for the Co-op and likely end up with the FCA becoming involved. (They have already done this by modifying the terms, tho).

In the decision notice above they wouldn't even make a determination about the referrer.

Alex9384

OK guys, I'm about to write my first complaint to the FOS.

What's the best way to provide evidence from this forum, as there's a lot of useful info.

Can you send them screenshots? Or do you just copy-paste some text? How did you do it?

And how long was your complaint?

WillPS

Alex9384 said:

OK guys, I'm about to write my first complaint to the FOS.

What's the best way to provide evidence from this forum, as there's a lot of useful info.

Can you send them screenshots? Or do you just copy-paste some text? How did you do it?

And how long was your complaint?

First of all, you can't complain directly to the FOS, you must write a complaint to the Co-op Bank, await their response and then escalate to the FOS if the Co-op Bank fail to reply or refuse to uphold your complaint and resolve it to your satisfaction. If you haven't done this already you might well find the Co-op Bank sort this at an earlier stage.

Secondly, don't overcomplicate your complaint with screenshots or anything from related complaints. Focus on the communication which you personally have received.

FOS are able to link cases which have similarities and not. If you really wish you can simply say something along the lines of "I note that the FOS have been involved in similar cases to my own such as those mentioned on MSE Forum [link to this thread], in particular I'd draw your attention to [link to post with FOS response] which I believe is substantively the same as my issue". 

Section62

Alex9384 said:

OK guys, I'm about to write my first complaint to the FOS.

What's the best way to provide evidence from this forum, as there's a lot of useful info.

Can you send them screenshots? Or do you just copy-paste some text? How did you do it?

And how long was your complaint?

Keep it as short and simple as possible.  Although in an ideal world the investigator/ombudsman would apply a quasi-judicial approach and read every word of the evidence, based on my recent experience with them it is more likely your evidence will get a skim-read and the investigator/ombudsman will make a snap judgement which, once made, they will double-down on and/or refuse to consider any alternative scenario.  There is no effective 'appeal' process if the investigator/ombudsman get the facts wrong - their findings could only be overturned by judicial review.

Personally I would provide a basic outline of your circumstances and say it is the same as ED-1's.  Rather than copying the whole of the text of that decision, or trying to explain at length how your situation is the same, I would simply take a screenshot of ED-1's post (29 June at 12:41PM) and upload that as an attachment to your complaint, and explain that your situation is the same (with specific correspondence/phone calls referred to as appropriate)

ED-1's final decision should eventually make its way onto the FOS decision database.  At which point it would be possible to reference it using the FOS decision details, but until then a screenshot of the decision should help the investigator understand what the issue really is.

Also, make sure you keep copies of everything you send FOS, and make contemporaneous notes if you have any phone calls with them.  In a case I've seen recently an ombudsman has suggested a piece of inaccurate information they based their decision on could have been obtained 'verbally' from the complainant, despite them never speaking to the complainant.  You may need to refer to notes if you encounter similar problems.

Remember the investigators/ombudsmen are "impartial" - they are not on your side.

Alex9384

WillPS said:

First of all, you can't complain directly to the FOS, you must write a complaint to the Co-op Bank, await their response and then escalate to the FOS if the Co-op Bank fail to reply or refuse to uphold your complaint and resolve it to your satisfaction. If you haven't done this already you might well find the Co-op Bank sort this at an earlier stage.

Secondly, don't overcomplicate your complaint with screenshots or anything from related complaints. Focus on the communication which you personally have received.

FOS are able to link cases which have similarities and not. If you really wish you can simply say something along the lines of "I note that the FOS have been involved in similar cases to my own such as those mentioned on MSE Forum [link to this thread], in particular I'd draw your attention to [link to post with FOS response] which I believe is substantively the same as my issue". 

Thanks. Yes, I did complain to the Coop already in February. I've been waiting for others on this forum to see what their outcomes will be.

masonic

Alex9384 said:

WillPS said:

First of all, you can't complain directly to the FOS, you must write a complaint to the Co-op Bank, await their response and then escalate to the FOS if the Co-op Bank fail to reply or refuse to uphold your complaint and resolve it to your satisfaction. If you haven't done this already you might well find the Co-op Bank sort this at an earlier stage.

Secondly, don't overcomplicate your complaint with screenshots or anything from related complaints. Focus on the communication which you personally have received.

FOS are able to link cases which have similarities and not. If you really wish you can simply say something along the lines of "I note that the FOS have been involved in similar cases to my own such as those mentioned on MSE Forum [link to this thread], in particular I'd draw your attention to [link to post with FOS response] which I believe is substantively the same as my issue". 

Thanks. Yes, I did complain to the Coop already in February. I've been waiting for others on this forum to see what their outcomes will be.

It might be worth giving them one final opportunity to review their decision before bringing to the FOS. If they have any sense they'll pay up PDQ.

StevenGude

I've just appealed my negative decision using the above so hopefully the FOS will reconsider! I essentially got told the first time that we were abusing the offer and we should have known it was the same offer.

Alex9384

masonic said:

It might be worth giving them one final opportunity to review their decision before bringing to the FOS. If they have any sense they'll pay up PDQ.

So, I tried but it's just a waste of time.

"Thanks for your message.

Unfortunately, we are unable to review our decision as the complaint is
rejected due to you not meeting the terms and conditions. We would advise
you to carry on your investigation with the Ombudsman.

Thanks,"