Ombudsman ruled in my favour against EE - I think awarded compensation is too low

JohnnySc

Hi,

EE ported my number to fraudsters, they've admitted security rules weren't followed.
I still had use of my phone for around 20hrs from notification of the port,during which time I contated EE several times to be told the porting had been stopped. However, this information was false

Thanks TO EE's systemic incompetence the fraudsters managed to access bank accounts, and other personal information. Money lost has been recovered, but the mess they created took weeks to sort out. It also affected my mental well-being, my GP signed me off work for a week and I had to be medicated.

I went through EE's internal complaints procedure where they ignored any questions regarding the false information and offered £50 compensation, I refused. This was increased to £100 with the caveat that if i didn't accept I would receive nothing. I refused and requested a letter of deadlock.

Fast forward to the Ombudsman. EE refused to budge and their investigation report included the following  comment - Apart from the initial security breach they could find no other service failing- I consider this gaslighting and a blatant lie. I'm absolutely enraged about this comment so included it. 

To cut to the chase. The Ombudsman has concluded that EE should send a letter of apology and pay £250 compensation. Is this an acceptable amount given the circumstances? I know I can dispute this amount but have no idea of the implications if I did

powerful_Rogue

JohnnySc said:

Hi,

EE ported my number to fraudsters, they've admitted security rules weren't followed.
I still had use of my phone for around 20hrs from notification of the port,during which time I contated EE several times to be told the porting had been stopped. However, this information was false

Thanks TO EE's systemic incompetence the fraudsters managed to access bank accounts, and other personal information. Money lost has been recovered, but the mess they created took weeks to sort out. It also affected my mental well-being, my GP signed me off work for a week and I had to be medicated.

I went through EE's internal complaints procedure where they ignored any questions regarding the false information and offered £50 compensation, I refused. This was increased to £100 with the caveat that if i didn't accept I would receive nothing. I refused and requested a letter of deadlock.

Fast forward to the Ombudsman. EE refused to budge and their investigation report included the following  comment - Apart from the initial security breach they could find no other service failing- I consider this gaslighting and a blatant lie. I'm absolutely enraged about this comment so included it. 

To cut to the chase. The Ombudsman has concluded that EE should send a letter of apology and pay £250 compensation. Is this an acceptable amount given the circumstances? I know I can dispute this amount but have no idea of the implications if I did

Seems reasonable to me.

ArbitraryRandom

Agreed - the money lost was recovered, so the award is directly for the distress and inconvenience of trying to resolve and the poor customer service handing the issue/your complaint. 

Average award for 'distress' is in the region of £60, so the Ombudsman has acknowledged the acute distress and this award is therefore significantly higher. If you want to object the amount then you need to have a number to suggest and a clear explanation as to why the award should be higher (did you lose wages being signed off etc. Not just 'I think I deserve more'). 

As to disputing it - is this an 'interim' judgement or a 'final' one (have both you and the company had the opportunity to respond already?) 

If it's an interim report, then really you want to wait until EE has responded (assuming they do so before the deadline), so you can respond to their response if that makes sense. If it's a final decision then you can reject it, but if you do then that ends the arbitration process and you get nothing unless you pursue the matter in civil court (suing them in small claims for damages). 

elsien

Gaslighting is deliberate psychological abuse in the context of domestic violence. It cheapens it to try to use it in the incorrect context of a financial dispute with a company however incompetent you feel they have been.

ElaniArtin

I know exactly what you mean about the gaslighting... after my experience with Scottish Power. (So far the ombudsman has awarded me twice, yet the company continues to use gaslighting techniques so blatantly. I have photos of chat conversation, a letter, and spreadsheets they generated with the date changed on a 'goodwill payment' they gave me; they did it one way, I chatted about it, and then they did it another way!) These companies do not hide their abusive techniques. It enrages me so much and sometimes people make excuses for the company's  'occasional  mistakes' as if I am a crazy person, or they say I just haven't handled it right and then I get mad at that too! So, after that rant... just to say I am totally with you on it!

I did point blank ask and this ombudsman told me the usual top award amount, that I would not get more.  I have occasionally called and asked the admin a general question not mentioning my case. They may be able to say in generalities that you will or you won't get more. (I asked for the amount that SP falsely charged me, but no go, there is a ceiling.) I am still honest within my case that the goodwill is not proportional to the trouble and strife.

All other help sources will say that the ombudsman is the highest authority and no one can do any more or even comment. So it's true, accept Ombudsman award, or take it to court.

I do think there is a mark on my file because the gaslighting just goes on and on. Can't wait to switch. Plan on sharing all evidence with my local representative too. Not much more I can do than that.

[Deleted User]

elsien said:

Gaslighting is deliberate psychological abuse in the context of domestic violence. It cheapens it to try to use it in the incorrect context of a financial dispute with a company however incompetent you feel they have been.

Gaslighting occurs in many areas of life, not simply domestic violence. 

jon81uk

[Deleted User] said:

elsien said:

Gaslighting is deliberate psychological abuse in the context of domestic violence. It cheapens it to try to use it in the incorrect context of a financial dispute with a company however incompetent you feel they have been.

Gaslighting occurs in many areas of life, not simply domestic violence. 

But it doesn't sound like it occoured in this case. One comment stating their findings is not gaslighting in my opinion, its a disagreement.

elsien

[Deleted User] said:

elsien said:

Gaslighting is deliberate psychological abuse in the context of domestic violence. It cheapens it to try to use it in the incorrect context of a financial dispute with a company however incompetent you feel they have been.

Gaslighting occurs in many areas of life, not simply domestic violence. 

This is true. But it tends not to occur merely  in the context of an incompetent financial organisation with unjoined up systems. 

ArbitraryRandom

elsien said:

[Deleted User] said:

elsien said:

Gaslighting is deliberate psychological abuse in the context of domestic violence. It cheapens it to try to use it in the incorrect context of a financial dispute with a company however incompetent you feel they have been.

Gaslighting occurs in many areas of life, not simply domestic violence. 

This is true. But it tends not to occur merely  in the context of an incompetent financial organisation with unjoined up systems. 

Even if it feels personal, the old adage comes to mind: Never attribute to malice that which is adequately explained by stupidity. 

visidigi

Take it, put the event in a mental box and forget about it.

ThumbRemote

You could try contacting a no-win-no-fee solicitor to enquire about claiming for the mental injury caused. If they suggest you'd have a case you could either go with them, or at least know to push for more in compensation. On the other hand if they say there's no case you know there's nothing more you can do. 

The Financial Ombudsman post information about compensation for distress. From their descriptions I'd guess the 'up to £750' bracket might fit, but you know your situation better. 
https://www.financial-ombudsman.org.uk/consumers/expect/compensation-for-distress-or-inconvenience