When Banks don't Act on FOS Findings

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Cotta
Cotta Posts: 3,667 Forumite
in Budgeting & bank accounts
Hi All,

I recently had a case against TSB which was referred to the FOS who ruled in my favour and advised TSB to carry out a series of tasks on my account along with paying some compensation. The deadline for this being completed by was 19th September, however nothing has happened and I have advised FOS. Does anyone know what happens next.

Thanks in advance.
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  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    I'd chase up TSB.
  • Cotta
    Cotta Posts: 3,667 Forumite
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    Deleted_User wrote: »
    I'd chase up TSB.

    TSB have just advised that I need to chase this up with FOS.
  • Cotta
    Cotta Posts: 3,667 Forumite
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    Ombudsman office advised that TSB have rejected the action imposed by their office in my case, as a result the adjudicator stated she may impose further compensatory demands.
  • masonic
    masonic Posts: 23,276 Forumite
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    Cotta wrote: »
    Ombudsman office advised that TSB have rejected the action imposed by their office in my case, as a result the adjudicator stated she may impose further compensatory demands.
    Wow, that's not a smart move as presumably TSB did not object to the FOS decision. Are you able to shed any light on the nature of the tasks TSB is unwilling to do? Others may find themselves in similar positions and forewarned is forearmed.
  • molerat
    molerat Posts: 31,861 Forumite
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    I would have thought that, in TSB's situation, it would be a case of when a hole stop digging.
  • Cotta
    Cotta Posts: 3,667 Forumite
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    masonic wrote: »
    Wow, that's not a smart move as presumably TSB did not object to the FOS decision. Are you able to shed any light on the nature of the tasks TSB is unwilling to do? Others may find themselves in similar positions and forewarned is forearmed.


    1. Referral bonus to be paid.

    2. My address to be updated. I've tried over the phone but TSB declined.

    3. Interest payments missed to be paid.

    4. Debit card to be issued to the correct address.

    5. £500 compensation to be paid.

    Ombudsman gave up to three weeks for TSB to respond and action the five points. It's now at the end of four weeks and the Ombudsman has not heard anything and has had to go chasing.
  • masonic
    masonic Posts: 23,276 Forumite
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    Cotta wrote: »
    1. Referral bonus to be paid.

    2. My address to be updated. I've tried over the phone but TSB declined.

    3. Interest payments missed to be paid.

    4. Debit card to be issued to the correct address.

    5. £500 compensation to be paid.

    Ombudsman gave up to three weeks for TSB to respond and action the five points. It's now at the end of four weeks and the Ombudsman has not heard anything and has had to go chasing.
    So let me get this straight, TSB did none of those things?

    As an aside, I've had to raise a second complaint to TSB regarding failure to update CRAs about an account I settled and closed, so I was hoping they were a bit more on the ball by now.
  • Cotta
    Cotta Posts: 3,667 Forumite
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    masonic wrote: »
    So let me get this straight, TSB did none of those things?

    As an aside, I've had to raise a second complaint to TSB regarding failure to update CRAs about an account I settled and closed, so I was hoping they were a bit more on the ball by now.

    Nothing actioned at all, the adjudicator was a little surprised and suggested that the three week window was more than enough time. I'm not sure what more the Ombudsman's office can do.
  • masonic
    masonic Posts: 23,276 Forumite
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    edited 29 September 2018 at 7:36PM
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    Cotta wrote: »
    Nothing actioned at all, the adjudicator was a little surprised and suggested that the three week window was more than enough time. I'm not sure what more the Ombudsman's office can do.
    Sell your story to the media ;)

    But seriously, non-compliance with the decision is unlawful and a breach of their regulatory requirements. I'd expect the FOS to report non-compliance to the FCA and request them to take enforcement action against TSB. You would also be able to have the decision enforced in court as the link below outlines:

    http://www.ombudsman-decisions.org.uk/final_decision.pdf
    "but what if a business is just refusing to comply?
    It is very rare that a business won’t do what an ombudsman tells them – once we have reminded them about the legal requirement to comply. But in cases where this happens – and although it isn’t our role to enforce the law – Parliament strengthened the power of ombudsman decisions in two ways. First, businesses that are regulated by the Financial Conduct Authority (the FCA) – which are automatically covered by the ombudsman service – are required to cooperate with us. This includes complying with our ombudsmen’s decisions. Second, Parliament made ombudsman decisions “legally enforceable” in court – which means that consumers have the back-up of the law to support decisions the ombudsman has made in their favour."

    If you were to suggest to the FOS you'd be interested in taking this to court, they may be able to add court costs to the decision.

    Failing that, perhaps contact your local MP and see if it can be raised in Parliament.
  • Cotta
    Cotta Posts: 3,667 Forumite
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    masonic wrote: »
    Sell your story to the media ;)

    But seriously, non-compliance with the decision is unlawful and a breach of their regulatory requirements. I'd expect the FOS to report non-compliance to the FCA and request them to take enforcement action against TSB. You would also be able to have the decision enforced in court as the link below outlines:

    http://www.ombudsman-decisions.org.uk/final_decision.pdf
    "but what if a business is just refusing to comply?
    It is very rare that a business won’t do what an ombudsman tells them – once we have reminded them about the legal requirement to comply. But in cases where this happens – and although it isn’t our role to enforce the law – Parliament strengthened the power of ombudsman decisions in two ways. First, businesses that are regulated by the Financial Conduct Authority (the FCA) – which are automatically covered by the ombudsman service – are required to cooperate with us. This includes complying with our ombudsmen’s decisions. Second, Parliament made ombudsman decisions “legally enforceable” in court – which means that consumers have the back-up of the law to support decisions the ombudsman has made in their favour."

    Well the adjudicator did mention additional compensation but I feel this is unlikely especially as this tranche has been rebuked.
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