Claiming against TSB: Advice needed pls

I was unfortunate to be involved in the whole TSB debacle of 2018. Cut a long story short, I was left with no banking facilities, they temporarily lost my account, and money, and totally disrupted my business.

I lodged a complaint, June 2018. I heard nothing. I went to the Ombudsman in September and they suggested a settlement figure, I declined.

In November TSB decided to contact me, and assigned me a complaints manager. He asked me to prepare a schedule of costs to validate my claim. I submitted this in January.

I have not heard anything since, despite going in to see the local branch manager and DM on Twitter. I cannot ring, I cannot get through security as I closed the account.
Written correspondence remains unanswered. Then yesterday the Ombudsman rang to say there is nothing more they can do to assist me .... as TSB are not communicating with them, or me.

I find this incredulous! What is the point of them if they cannot assist?

What is next for me? Small claims court? Has any one successfully sued their bank?

Advise pls :(

Comments

  • Nasqueron
    Nasqueron Posts: 8,631
    Name Dropper First Post First Anniversary Combo Breaker
    Forumite
    Going to court is always a huge risk because the bank has a massive legal team and in this situation, while you have a case, the FOS (an independent body) has suggested a compensation amount and the courts won't look highly on the fact you turned it down unless you can show with facts why it was insufficient. Did you have a detailed list of what your losses were and evidence to support that?
  • dunstonh
    dunstonh Posts: 116,047
    Name Dropper First Anniversary Combo Breaker First Post
    Forumite
    I have not heard anything since, despite going in to see the local branch manager

    The branch manager cannot get involved.
    I find this incredulous! What is the point of them if they cannot assist?

    The FOS gave their response and suggested a settlement and you disagreed. So, the FOS has done their job and if TSB dont want to go beyond the FOS decision then that is their choice.
    What is next for me? Small claims court? Has any one successfully sued their bank?

    The FOS is generally more consumer biased than the courts. So, what was wrong with the FOS arranged settlement compared to what you have?

    If you lose your case, you will have the court fees and the other party legal fees (albeit capped) to pay.

    The bank will submit that the independent ombudsman agreed a settlement and you will need to justify why you want more than that.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Yes the FOS offered £750, and my losses/costs amounted to £4200.
    I have a complete breakdown of costs, which the TSB have. 🙂
  • [Deleted User]
    [Deleted User] Posts: 26,612
    First Anniversary Name Dropper Photogenic First Post
    Forumite
    Yes the FOS offered £750, and my losses/costs amounted to £4200.
    The FOS didn't "offer" this amount, as the independent arbiter they decided a much lesser figure than you demanded was fair and reasonable. What reasons did they give for rejecting your figure?
  • Nasqueron
    Nasqueron Posts: 8,631
    Name Dropper First Post First Anniversary Combo Breaker
    Forumite
    Yes the FOS offered £750, and my losses/costs amounted to £4200.
    I have a complete breakdown of costs, which the TSB have. 🙂


    Did you explain the losses to the FOS in detail?
    Did they explain why they felt the offer was fair?


    e.g. did you complain about things that you could have reasonably made allowances for / used a work around?



    Find a banking specialist solicitor who will do a free 30 minute consultation and see if they feel it's worth a case or not. Be prepared for a lot of hard work
  • dunstonh
    dunstonh Posts: 116,047
    Name Dropper First Anniversary Combo Breaker First Post
    Forumite
    Yes the FOS offered £750, and my losses/costs amounted to £4200.
    I have a complete breakdown of costs, which the TSB have. 🙂

    First thing to remember is that with any failing you have to attempt to keep your costs to a minimum. You should only be claiming for actual charges/interest incurred that could not have been avoided.

    There is a massive difference between your figure and the FOS figure. That suggests you are including things that would be considered unreasonable. So, what sort of things are you claiming for beyond the obvious? Its unlikely you suffered £4200 of explicit costs (bank charges/interest). So, what are these?
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 342.5K Banking & Borrowing
  • 249.9K Reduce Debt & Boost Income
  • 449.4K Spending & Discounts
  • 234.6K Work, Benefits & Business
  • 607.1K Mortgages, Homes & Bills
  • 172.8K Life & Family
  • 247.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards