When Banks don't Act on FOS Findings

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  • davethorp
    davethorp Posts: 1,577 Forumite
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    I’ve been a lurker in this thread for a bit now but TSB’s delay in paying seems pretty much normal from what I’ve read
  • masonic
    masonic Posts: 23,278 Forumite
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    TSB was quick to pay out following my FOS decision - and others too from what I've seen posted elsewhere. TSB is very slow through its own complaints process though.

    Not sure how to define 'a concern' in the context of the rest of this thread though. I believe that ship has sailed ;)
  • Cotta
    Cotta Posts: 3,667 Forumite
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    I'm in no panic at the moment, the final decision was not made until December 18th and no doubt TSB are factoring in the Christmas break as not counting towards any timescale.

    I do wonder if TSB are going to let the clock run down and force this to the Ombudsman in the hope for a better outcome for them.
  • Cotta
    Cotta Posts: 3,667 Forumite
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    The below just arrived via email:


    Dear Mr.Cotta,

    I wanted to update you on your outstanding compensation from TSB. As advised previously following the last issues I expected that when you accepted my recommendation on 18th December that payment would be made promptly. Having just spoken to TSB it appears they do not agree with my findings and are pushing for this to go to the Ombudsman in the hope of getting your case thrown out based on their payments during the first tranche or at the very worst getting a reduced compensatory penalty. I am going to have another word with TSB at the beginning of next week, however if the situation does not change and this does go to an Ombudsman the final settlement to you (if any is made) could be significantly less than my recommendations.

    I will be in touch next week.

    Kind Regards
    FOS
  • IanManc
    IanManc Posts: 2,085 Forumite
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    Cotta wrote: »
    The below just arrived via email:


    Dear Mr.Cotta,

    I wanted to update you on your outstanding compensation from TSB. As advised previously following the last issues I expected that when you accepted my recommendation on 18th December that payment would be made promptly. Having just spoken to TSB it appears they do not agree with my findings and are pushing for this to go to the Ombudsman in the hope of getting your case thrown out based on their payments during the first tranche or at the very worst getting a reduced compensatory penalty. I am going to have another word with TSB at the beginning of next week, however if the situation does not change and this does go to an Ombudsman the final settlement to you (if any is made) could be significantly less than my recommendations.

    I will be in touch next week.

    Kind Regards
    FOS

    I hope it does go to an Ombudsman so that he or she can see how crap their own service is. :(
  • eskbanker
    eskbanker Posts: 31,066 Forumite
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    I think I'd be inclined to refer the adjudicator back to her comments of 13 December, as covered in post #277:
    Cotta wrote: »
    And a decision has been made, it came via a telephone call.

    - Adjudicator has decided upon an additional £500 to be paid, she has spoken to TSB and they have agreed to this. (I thought I might have been consulted first).

    - TSB are still refusing to pay the missing interest so adjudicator has said I will just have to take it as part of the £500.

    I asked how this £500 came about as the issues this time were much worse than the first time yet the determination was valued less in monetary terms (The first decision was the £500 plus missing interest paid on the side). Adjudicator advised that "it's just the way things are and only I know how difficult your case was it would be less than £500".

    I'm not overly happy with this (I know that makes me sound greedy), however I would have liked confirmation on the compensation before agreeing it with TSB and the fact that the figures don't reconcile to the initial tranche is also an issue.


    Am I being unfair?


    Edit - Adjudicator advised if I go to the Ombudsman it will take at least eight weeks for me to get any compensation.
    If she said they agreed to the £500 back then, either they're acting in bad faith by changing their minds or she's incompetent, or both I suppose. Either way, it'll be interesting to see what an ombudsman will make of an apparent agreement being reneged on....
  • masonic
    masonic Posts: 23,278 Forumite
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    I hope you are retaining all of these emails. It is like she is trying to scare you into dropping your complaint, perhaps at the behest of TSB, perhaps for her own self-interest.

    I simply cannot believe an Ombudsman would not either increase or back the compensation decided by the Adjudicator.

    I think this Adjudicator is soiling her pants at the thought of an Ombudsman looking over the case and seeing how incompetent and unprofessional she has been. She ought to face re-training, if not disciplinary action for the way she has handled this case.
  • Cotta
    Cotta Posts: 3,667 Forumite
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    Trying to work out what TSB are up to, I presume that at present they still have a reasonable amount of time to pay the second tranche (based of Christmas holidays being extracted from the timeframe). On this premise perhaps they are hoping I will pull out now and if I don't they can still comply with FOS's recommendations later on?


    Failing this they could be hoping an Ombudsman looks more favourably on them.
  • masonic
    masonic Posts: 23,278 Forumite
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    Cotta wrote: »
    Trying to work out what TSB are up to
    I can imagine the scenes in the TSB complaints department right now, with an office of people busy trying to work out the difference between their a*se and elbow.
  • jamets
    jamets Posts: 24 Forumite
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    I've just read through this whole thread and I'm really shocked and disgusted at the treatment you've had Cotta.

    I would definitely be considering going to one of the financial journalists as was previously mentioned by another member of the forum. Not just on account of TSBs ineptitude, but also on the treatment and attitude received from the FOS. We are told the FOS will step in and help us when things go wrong, and when it's our personal finances on the line they should be acting swiftly and assertively. I've seen no evidence of this in the emails from that woman, who quite frankly seems to be on the verge of incompetence. The language she uses is appalling, unsympathetic and down right rude in places. If she were managing her own complaint, would she word her responses in this fashion? I doubt it.

    Both of them need the appropriate knuckle wrapping and public exposure for this fiasco.

    James
    Save £12k in 2019 #60 - £1189.43 / £12,000 (9.91%)
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