When Banks don't Act on FOS Findings

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  • masonic
    masonic Posts: 23,275 Forumite
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    edited 29 September 2018 at 8:01PM
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    Cotta wrote: »
    Well the adjudicator did mention additional compensation but I feel this is unlikely especially as this tranche has been rebuked.
    On the contrary, if TSB continues to refuse to comply with the decision, a legally enforceable award of additional compensation is almost certain.

    Edit: Costs of getting the decision enforced will be less than £200 (Making the money claim online, and applying for a warrant of control, where the court will instruct bailiffs to collect either the money or goods that can be sold to satisfy the debt). TSB would have to be monumentally stupid to contest the decision all the way to this point though.
  • Cotta
    Cotta Posts: 3,667 Forumite
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    masonic wrote: »
    On the contrary, if TSB continues to refuse to comply with the decision, a legally enforceable award of additional compensation is almost certain.

    Edit: Costs of getting the decision enforced will be less than £200 (Making the money claim online, and applying for a warrant of control, where the court will instruct bailiffs to collect either the money or goods that can be sold to satisfy the debt). TSB would have to be monumentally stupid to contest the decision all the way to this point though.


    Interesting points and you were on the money before when this case was with the Ombudsman, however as I've received a significant recommendation (£500), what more could the Ombudsman request? TSB are being contacted again on Monday to see if there's a change in stance.
  • masonic
    masonic Posts: 23,275 Forumite
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    edited 29 September 2018 at 9:13PM
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    Cotta wrote: »
    Interesting points and you were on the money before when this case was with the Ombudsman, however as I've received a significant recommendation (£500), what more could the Ombudsman request? TSB are being contacted again on Monday to see if there's a change in stance.
    Here are some reasonable things they could do:

    - Convert those items on the list with a monetary value (1 and 3) to an additional monetary sum of compensation (to facilitate a moneyclaim through the county court).
    - Award compensation on the assumption that other items (2 and 4) will not be resolved causing you to have to abandon the account. Perhaps another £100-200 to cover the unnecessary inconvenience this has and will cause you.
    - Award compensation to cover the likely cost of enforcing payment (~£200, this could be awarded as the actual costs incurred and added by the Court)
    - Award compensation for the stress and inconvenience of bringing legal proceedings against TSB (I would guess this may fall into the substantial band of £500-£2,000)

    So all in all, you could end up getting several-fold more than the existing decision. I imagine what will actually happen is TSB will cave in when reminded the award is legally enforceable (especially if an adjusted figure as above is discussed).
  • Cotta
    Cotta Posts: 3,667 Forumite
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    masonic wrote: »
    Here are some reasonable things they could do:

    - Convert those items on the list with a monetary value (1 and 3) to an additional monetary sum of compensation (to facilitate a moneyclaim through the county court).
    - Award compensation on the assumption that other items (2 and 4) will not be resolved causing you to have to abandon the account. Perhaps another £100-200 to cover the unnecessary inconvenience this has and will cause you.
    - Award compensation to cover the likely cost of enforcing payment (~£200, this could be awarded as the actual costs incurred and added by the Court)
    - Award compensation for the stress and inconvenience of bringing legal proceedings against TSB (I would guess this may fall into the substantial band of £500-£2,000)

    So all in all, you could end up getting several-fold more than the existing decision. I imagine what will actually happen is TSB will cave in when reminded the award is legally enforceable (especially if an adjusted figure as above is discussed).


    Cave in on Monday and implement the points and request no further compensation be incurred?
  • masonic
    masonic Posts: 23,275 Forumite
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    Cotta wrote: »
    Cave in on Monday and implement the points and request no further compensation be incurred?
    Even if they cave in on Monday, and are given another 3 weeks to comply, you might still get an additional sum to be added for the 4 weeks they've wasted already - here's hoping.
  • Cotta
    Cotta Posts: 3,667 Forumite
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    masonic wrote: »
    Even if they cave in on Monday, and are given another 3 weeks to comply, you might still get an additional sum to be added for the 4 weeks they've wasted already - here's hoping.

    That might be pushing it, I'll update you on Monday - unchartered territory for me.
  • Cotta
    Cotta Posts: 3,667 Forumite
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    TSB have opted to look at the recommendations from the Ombudsman again, however as the Ombudsman advised the deadline has passed so I am no further on.
  • masonic
    masonic Posts: 23,275 Forumite
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    Cotta wrote: »
    TSB have opted to look at the recommendations from the Ombudsman again, however as the Ombudsman advised the deadline has passed so I am no further on.
    Good grief, you couldn't make this up.
  • djpailo
    djpailo Posts: 550 Forumite
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    I really hope you sort this out. Thank you for keeping everyone posted btw. What an utterly ridiculous situation.
  • Nearlyold
    Nearlyold Posts: 2,288 Forumite
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    edited 2 October 2018 at 12:25PM
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    Was the decision from a FOS Adjudicator or an Ombudsman? Businesses can appeal an Adjudicator's decision and ask that an Ombudsman looks at it (I worked for a business that would always appeal if we didn't believe the Adjudicators decision was correct). Only an Ombudsman's decision is binding on the business.
This discussion has been closed.
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