When Banks don't Act on FOS Findings
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TSB are still currently experiencing issues with their international payments
……. which doesn't apply to you at all seeing you're in the UK.
In banking terms trying to draw a distinction between Northern Ireland and "mainland UK" is completely bogus.
I wonder if they use the same crappy excuse for poor service if you live in the Isle of Wight or Anglesey too?0 -
Is there anything else I can do? The adjudicator won't forward it to the Ombudsman, my money is in lock down and TSB won't budge on what they've paid out.0
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According to the FOS guidance on their complaints process,Is there anything else I can do? The adjudicator won't forward it to the Ombudsman, my money is in lock down and TSB won't budge on what they've paid out.
so you have the right to refer it to an ombudsman. However, the implication is that this can only be done once the adjudicator has reached their conclusion and they may argue that it's still work in progress - I haven't gone all the way back through the thread but has the adjudicator said that they've done all they can or are they still claiming that further activity is possible?When we have our answer, we will let you know – setting out how we think the complaint should be resolved. Usually both sides accept our answer and most issues are sorted out at this stage.
what if this still doesn’t resolve the problem?
If either you or the business don’t accept what we say about your complaint, either of you can ask for an appeal. This involves the case being reviewed by one of our ombudsmen.0 -
This definitely needs to be included in Cotta's next response to the Adjudicator. As well as the fact that transfers between NI and the rest of the UK are not international transfers. And that these facts should not need to be pointed out to someone qualified to handle this complaint.……. which doesn't apply to you at all seeing you're in the UK.
In banking terms trying to draw a distinction between Northern Ireland and "mainland UK" is completely bogus.
I wonder if they use the same crappy excuse for poor service if you live in the Isle of Wight or Anglesey too?
TBH, Cotta, I think it's time for a vote of no confidence in this Adjudicator. Can you raise a formal complaint against the FOS?
Edit: https://www.financial-ombudsman.org.uk/about/complaints-about-our-service.htm
"We want to know if, for example, you feel that:
we’ve caused unnecessary delays
we haven’t kept you updated
we’ve communicated with you inappropriately
Once we know why you’re unhappy, we’ll try to put things right for you. We can also learn from what you’ve told us – and improve what we do in future."0 -
I do think that the adjudicator should, some time ago, have said "right this is going up to an ombudsman". There is no reason to string things out this long at adjudicator level - TSB clearly disagree with the view so it needs to be pushed upwards.urs sinserly,
~~joosy jeezus~~0 -
I have just sent off the following letter:
Dear FOS,
I've reflected more on the current stalemate with TSB and I am completely dissatisfied with how my case has been handled by both the office of FOS and by TSB. I have now been annexed off from my finances with TSB since April of 2018.
In August of 2018 your office made the following rulings:
1. Referral bonuses must be paid.
2. Missed interest must be paid.
3. Technical issues must be resolved so that I can access my finances.
4. Postal address must be corrected.
5. £500 compensation must be paid.
6. A debit card and PIN number will be issued.
TSB were given three weeks to complete points 1-6, nothing happened after much chasing several weeks after the deadline and after much chasing, point 5 was delivered. Again after further pressure from me TSB advised they could not correct point 4 and indeed due to this issue I could not get through the data protection security checks. It was due to extreme pressure from the FOS that a manual adjustment was implemented and as a result point 4.
TSB have advised in recent weeks that long after FOS rulings they would not be implementing points 1 & 2 however as of last week they indicated with more information (which I supplied) they would enact point 1.
On advice from FOS on innumerable occasions I called up to get point 3 corrected, I spent many hours to get through, often being rejected on at least two occasions I was short called on and in recent times I was told that TSB could and would not speak to me as there was a live case with FOS.
A letter arrived to my house two weeks ago advising the address was updated, however for the next number of weeks mail may still go to the incorrect address, as my debit card and PIN have not arrived after 15 working days it is safe to assume that this has went to the incorrect address.
Continued questions came from TSB asking what error messages I was receiving, they advised there were no issues on their side and on numerous occasions I had to provide evidence of the error messages.
Today after many delays from the FOS office I am advised that indeed there is an issue with their systems but FOS is powerless to enforce TSB to correctional behaviour. Indeed TSB have again hid behind hocus pocus excuses that because I live outside of the UK and classified as an International customer. However unless there has been a constitutional change in the political sphere Northern Ireland is very much part of the UK.
I need access to my funds, it is unfair that I have been put under pressure with no access to my funds and at every stage I have been made to jump through various hoops.
I want points 1, 2, 3 and 6 implemented and for the additional stress and time wasted a further level of compensation will be sought.
I want this closed off by close of business on Friday 16th November - please ensure this is done.
Kind Regards
Cotta0 -
Some success today, I honestly think this is due to the information I've received here, the main win was the £75 bonus referral has now been paid to me. Below is the adjudicators full response, how should I proceed forward from here?
As always many thanks for the ongoing help.
Dear Cotta
Thank you for your email. I’ve taken your points into consideration and can see that you’re dissatisfied with the service you’ve received from us. I’m sorry you feel this way.
Whilst I appreciate that you’ve not had access to your funds since April 2018, I’ve done everything that is within our remit to resolve the issues for you and continue to do so.
You’ve said that you’d like “points 1, 2, 3 and 6 implemented and for the additional stress and time wasted a further level of compensation will be sought.” I’ve addressed our position on each of these points below:
Point 1
TSB confirmed they would pay you the £75.00 referral, but required details of the person who recommended you. This was requested from you on 2 November 2018 and you provided it to us on 7 November 2018, I sent over this information to TSB on the same day.
TSB have confirmed that the payment was made to both you and the person that referred you today (16 November 2018) and is in both your accounts.
Point 2
In my email dated 24 October 2018, I informed you TSB have told us that the 5% interest hasn’t been paid, because you didn’t meet the eligibility criteria of depositing £500.00 per month. We discussed this matter further on a telephone conversation on 26 October 2018. I explained to you that I understand that you’ve not been able to deposit the required monthly amount for reasons beyond your control, namely due to TSB’s IT issues. I explained that whilst we can’t ask TSB to you the interest as you didn’t meet the eligibility criteria, I do think that they need to compensate you for this.
I explained that the inconvenience you suffered as a result of this would be included in any additional amount of compensation I ask TSB to pay you. However, I explained that this will be considered when the issues have been resolved as we look at compensation as a whole.
Point 3
It’s not disputed that you live in the UK, however, the way TSB’s systems are currently set up means customers who don’t live in mainland UK (England, Scotland, Wales) are having issues with making transfers. This is something TSB are aware of and are working on.
Whilst TSB have acknowledged that there are on-going issues, as I’ve previously explained, it’s not within the remit of the Financial Ombudsman Service to fix or force TSB to fix the issues, we’re set up to deal with complaints. We’re not here to punish businesses for their mistakes or errors, that is for the regulator, the Financial Conduct Authority.
They’ve informed me that one of the known issues most consumers are having are problems when making a transfer as the continue button on the screen where you input the payee details doesn’t show. Therefore, most consumers are being timed out and aren’t able to make the transfer.
If this is the stage at which you’re receiving the error message, TSB have said that when you do get to this stage, you should click on the white space on the page and the continue button will appear and allow you progress with your transfer.
Please confirm if this is the case, if it’s not, please confirm the exact stage in the transfer where you’re receiving the error messages.
- Telephone banking
In my email to you on 2 November 2018, I asked you whether you intended to keep your account open after transferring your money and explained that if you didn’t I can ask TSB to send you the funds in the account in another way. You informed me that you did intend to keep it open due to the 5% interest rate but provided TSB resolved all of your issues this is entirely your choice.
I appreciate that this is frustrating, but I’ve explored other ways which we can help you access your funds whilst TSB resolve this issue and this is the only possibility we can explore that’s within our remit.
Therefore, as stated in my email to you yesterday, I’ve asked TSB to re-send you your telephone banking passcode. However, due to the sensitivity of the information, this isn’t something that their complaints department can issue themselves.
They’ve confirmed that your account is registered for telephone banking and all you need to do is call the telephone banking department on 0345975878 for them to re-issue to the passcode. I’m aware that when you previously called them you were told that they were unable to speak to you due to you having an open complaint with our service. I’ve spoken to TSB about this and they’ve confirmed that this shouldn’t have happened, and notes have been put on your account stating that once you call in to request the passcode, they’ll re-issue it without further delay.
Point 6
TSB have confirmed your PIN and debit card were sent to you on 30 October 2018 and you’d receive this within 10 working days. However, as you’ve still not received this, TSB have reissued both the PIN and debit card to your current address. Unfortunately these appear to have went to your old address.
In relation to the additional compensation, this is something I’ve always said TSB ought to pay you for the further inconvenience you’ve been caused. TSB have agreed that further compensation is warranted in your complaint, however, it’s been agreed that the amount will not be discussed until all the issues you’re still experiencing have been resolved. Do you have any figures in mind?
Finally, you’ve said you ‘would like this closed off by close of business on Friday 16th November’, please can you confirm whether you mean your complaint with our service or your account with TSB or both.
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Sounds like progress indeed - that approach of 'fix things first and then discuss compensation afterwards' seems sensible but does beg the question of why they didn't go about it this way from the start....
Presumably you agree that getting access to the account, being able to conduct transfers, having a working card and PIN and a correct postal address are the priorities, on the basis that compo can be (re)calculated once everything is sorted out?
Apart from anything else, there's a strong case that the ever more protracted timescales and continued aggravation justify further compensation, whereas if the numbers had already been agreed before now that matter would be harder to reopen....0 -
Seems like a reasonable update to me too, with the prospect of a final sum of compensation once the full damage can be evaluated. But card and PIN could take 10 working days to turn up - hopefully you'll have them by the end of next week along with telephone banking access, which would be good progress. That would only leave online transfers to fix, and it sounds like that won't come any time soon.
You might need to give them a few more days grace than planned if the card and PIN don't turn up though.0 -
I'm thinking of giving TSB until the end of November, that should be long enough to sort out the outstanding issues.
The email asked if I had a figure in mind and I absolutely do not.0
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