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

Perksy5

Taking them to the ombudsman over this will have cost co op £2500. I doubt you'll have much of a future relationship with them after this either. I cant see you overturning either decision from Co Op or the FOS. Quit while you're ahead and just close the complaint, it'll save you a lot of energy.

eskbanker

Perksy5 said:

Taking them to the ombudsman over this will have cost co op £2500.

The FOS case fee is £750, so where does the other £1,750 come from?

TheBanker

eskbanker said:

Perksy5 said:

Taking them to the ombudsman over this will have cost co op £2500.

The FOS case fee is £750, so where does the other £1,750 come from?

They must have a very well paid complaints handling unit! 

Alex9384

phillw said:

It would appear this offer is the refer-a-friend offer on their web page, which has existed since

https://web.archive.org/web/20210916111731/https://www.co-operativebank.co.uk/products/bank-accounts/refer-a-friend/

Still can't see the definition of "this offer" which is the definition they used in their email to me.

Just because the bonus has changed and it was not available for a period of time, that doesn't stop it being the same offer (at least this is how both the coop and the ombudsman see it).

Then what would make it a new offer?

I think you and Coop are both confusing "offer" with the whole scheme. "Refer a friend" is a scheme and individual offers have different dates and sometimes different bonuses offered. Or do you think I could have switched to Coop in July 2022 and only finish my referral in February 2023 and I should get paid, because it was "still the same offer" ??

Even the FOS acknowledges (very first post of this thread) that the whole scheme ended in December 2022. This is what they said:

phillw

Alex9384 said:
Still can't see the definition of "this offer" which is the definition they used in their email to me.

Then what would make it a new offer?

this: referring to a specific thing just mentioned.
offer: provide (access or an opportunity).

A new offer would be a standard switch bonus, or money for making a certain number of transactions.

Clearly coop think that even though the offer isn't always available, it's still the same offer.

I can see your argument, but I can also see why it would be dumb for coop to agree with you.

Alex9384

Anything that has starting and ending (cut off) date is a separate offer.
These offers can be within the same scheme (Refer a Friend) but they are separate offers.

For example, offer A starts on 1/6/22 and you need to switch and send a referral form by 30/7/22.
Then offer B would start on 10/10/22 and you need to switch and send a referral form by 12/12/22.

Are these two separate offers or are they the same offer? If they are the same offer, should you be able to open a new account during the offer A, then switch and only submit your referral form during the offer B and still get the bonus, because it's the same offer, right?

If not, then they are two separate offers (within the same scheme).

Anyone disagrees with this?

TheBanker

Alex9384 said:

Anything that has starting and ending (cut off) date is a separate offer.
These offers can be within the same scheme (Refer a Friend) but they are separate offers.

For example, offer A starts on 1/6/22 and you need to switch and send a referral form by 30/7/22.
Then offer B would start on 10/10/22 and you need to switch and send a referral form by 12/12/22.

Are these two separate offers or are they the same offer? If they are the same offer, should you be able to open a new account during the offer A, then switch and only submit your referral form during the offer B and still get the bonus, because it's the same offer, right?

If not, then they are two separate offers (within the same scheme).

Anyone disagrees with this?

The Co-op seem to, and it looks like FOS do too. I don't disagree that the wording is vague and should be clearer. If this was a court claim then barristers would no doubt make the argument that where wording in a contract is ambiguous it should be interpreted in favour of the consumer (and I would suggest that those with complaints at FOS look into this line of argument further).

https://www.legislation.gov.uk/uksi/1999/2083/made#:~:text=The Regulations provide that an,the consumer (regulation 5). - See paragraph 7(2)

However as I said earlier, FOS don't have to take a strict legal approach, they use a 'fair and reasonable' approach and I think they will conclude that people only being entitled to one referral payment from the Co-op despite the 'offer' changing is reasonable.

IanManc

Alex9384 said:

Even the FOS acknowledges (very first post of this thread) that the whole scheme ended in December 2022. This is what they said:

The FOS says that "The Co-op ended the scheme for the first time in December 2022." That means that the FOS thinks that the scheme was opened, then closed, then opened again. They wouldn't say "for the first time" if they meant the only time. They don't acknowledge "that the whole scheme ended" like you say - they're indicating that it was paused.

I don't have any skin in this game, and I actively dislike the Co-op Bank because it is owned by hedge funds, isn't a co-operative and should be forced to change its name; and it is had the poorest customer service of any bank I've ever used; but your complaint has been refused and the FOS agree with the Co-op Bank, and unless you can come up with something better than repeating your arguments that have already been dismissed then you might as well accept that your attempt to get more money for nothing from the Co-op has failed this time.

Ed-1

IanManc said:

Alex9384 said:

Even the FOS acknowledges (very first post of this thread) that the whole scheme ended in December 2022. This is what they said:

The FOS says that "The Co-op ended the scheme for the first time in December 2022." That means that the FOS thinks that the scheme was opened, then closed, then opened again. They wouldn't say "for the first time" if they meant the only time. They don't acknowledge "that the whole scheme ended" like you say - they're indicating that it was paused.

They ended the scheme for the first time in December 2022. They ended the scheme for the second time in February 2023.

The 2 offers are Nov 2020 to Dec 2022 and Feb 2023.

keiran

My tup'pence worth - 
The outcome of a referral to the FOS depends on the calibre of the first adjudicator (which is often greatly lacking - they can't recruit )
And then the ombudsman will in all likelihood agree with and support their adjudicator underling so as to appear supportive and encouraging against a disagreeable complainer (this is the modern workplace)