When Banks don't Act on FOS Findings
Comments
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All you need to do is clarify that you accept the Ombudsman's decision and you will have won, and this time the decision is enforceable. I can't see why you would reject it, unless you are planning to take TSB to the small claims court.
Either way, I understand the decision will be published in due course.0 -
You could point out that you accepted the adjudicators decision back in December (?), and that that decision presumably remains enforceable.0
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Just a further thought on this - she said last week that she'd consider the delay as part of the full journey, but that doesn't necessarily mean that she'd conclude that any further action was needed (even though their conduct seems indefensible to most of us). Is there any explicit reference to the duration of the whole episode within the decision?The Ombudsman has responded. In brief they have effectively rubber stamped the adjudicator's decision to the letter. There were chunks of the issues that they opted not to deal with including the delay following the Adjudicator's decision in December. I have advised that I am happy with the initial fininding but a key point of escalation was to look at the delay from December until now where TSB effectively ignored FOS - I have indicated that I feel this should be addressed.I have been advised that we must consider your full journey during the process including the delay follow the adjudicator's decision in December. I will revert back once I have completed my findings.0 -
Just a further thought on this - she said last week that she'd consider the delay as part of the full journey, but that doesn't necessarily mean that she'd conclude that any further action was needed (even though their conduct seems indefensible to most of us). Is there any explicit reference to the duration of the whole episode within the decision?
One a one liner that when I followed up at the end of January as to why the compensation wasn't paid, TSB advised they had no idea why it was not paid and at this stage I referred it to the Ombudsman,0 -
That sounds to me like TSB are claiming that failure to pay was down to an inadvertent admin issue (due to large backlog, etc) rather than a deliberate ignoring of the FOS instruction, and that the ombudsman has swallowed that version of events.One a one liner that when I followed up at the end of January as to why the compensation wasn't paid, TSB advised they had no idea why it was not paid and at this stage I referred it to the Ombudsman,
However, it's all a moot point if the ombudsman has made a final decision (is this definitely the case?), as this leaves no scope for further discussion with FOS, so as masonic pointed out above, it seems to be at the stage of 'take it or leave it' as far as the case against TSB is concerned, so if you still have the option to do so, then accepting the decision would seem to be the most sensible option.
Presumably you'll still proceed with the complaint about how FOS have handled the case, even though the outcome of the case itself is no longer up for debate?0 -
That sounds to me like TSB are claiming that failure to pay was down to an inadvertent admin issue (due to large backlog, etc) rather than a deliberate ignoring of the FOS instruction, and that the ombudsman has swallowed that version of events.
However, it's all a moot point if the ombudsman has made a final decision (is this definitely the case?), as this leaves no scope for further discussion with FOS, so as masonic pointed out above, it seems to be at the stage of 'take it or leave it' as far as the case against TSB is concerned, so if you still have the option to do so, then accepting the decision would seem to be the most sensible option.
Presumably you'll still proceed with the complaint about how FOS have handled the case, even though the outcome of the case itself is no longer up for debate?
If I am able to accept the ruling then I will.0 -
I phoned FOS today and accepted the ruling. I indicated I was not happy with some of the service received in particular the non addressal of the delay. FOS advised that they did consider the delay within their review even though they have not specifically mentioned it. Some additional points they outlined were as follows:
- A Manager will be in touch to discuss the service levels received from FOS.
- FOS have indicated that it would be prudent to log a fresh complaint with TSB in relation to the delay to get a proper response on this issue. I am not sure if this is worthwhile?0 -
Personally I'd wait until they've paid the £500 before even considering going down that route, for two reasons:FOS have indicated that it would be prudent to log a fresh complaint with TSB in relation to the delay to get a proper response on this issue. I am not sure if this is worthwhile?- Until they actually stump up, you won't know how long the delay was!
- They might try to combine the complaints back together again and try to use it as an excuse not to settle the first one - there's no rational reason to do this of course.
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It's possibly time to close this one off, I am not sure anything is to be gained from pushing this on.0
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Another update from my favourite adjudicator:
Dear Mr. Cotta,
Following your recent discusssion with FOS, TSB have been instructed to pay you the £500 compensation within the next 4 weeks.
Furthermore the Ombudsman's Manager will be calling you to discuss some of your concerns around how the process was managed.
Regards
FOS0
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