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  • FIRST POST
    • Cotta
    • By Cotta 24th Sep 18, 9:20 AM
    • 3,364Posts
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    Cotta
    When Banks don't Act on FOS Findings
    • #1
    • 24th Sep 18, 9:20 AM
    When Banks don't Act on FOS Findings 24th Sep 18 at 9:20 AM
    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.
Page 33
    • eskbanker
    • By eskbanker 10th Apr 19, 5:15 PM
    • 10,107 Posts
    • 12,176 Thanks
    eskbanker
    Their negotiation strategy is enough to make Theresa May's one (such as it is) look coherent and consistent! Anyone rash enough to predict which will occur first, Brexit or TSB settling up?
    • Cotta
    • By Cotta 10th Apr 19, 6:03 PM
    • 3,364 Posts
    • 1,704 Thanks
    Cotta
    In less than two weeks it'll be one fułl year since the TSB problems arose. It's been an exhausting process and I'm still not sure how it will pan out.
    • Cotta
    • By Cotta 11th Apr 19, 10:14 AM
    • 3,364 Posts
    • 1,704 Thanks
    Cotta
    I had hoped this was the Ombudsman's decision coming through but unfortunately not, i'm slightly concerned at the sudden confidence of TSB....

    Dear Mr. Cotta,

    Following on from our conversation yesterday TSB are refusing to increase their offer from 300 and have in fact subsequently withdrawn it. They feel that they have already been more than generous.

    Also having spoken to my Manager I have been advised not to contact you further until an Ombudsman ruling has been made.

    Regards
    FOS
    • JuicyJesus
    • By JuicyJesus 11th Apr 19, 10:22 AM
    • 3,459 Posts
    • 3,919 Thanks
    JuicyJesus
    Why is tsb still talking to her and why is she still talking to tsb?

    (This was in all caps but MSE removed it. Humph.)
    urs sinserly,
    ~~joosy jeezus~~
    • Cotta
    • By Cotta 11th Apr 19, 10:28 AM
    • 3,364 Posts
    • 1,704 Thanks
    Cotta
    Why is tsb still talking to her and why is she still talking to tsb?

    (This was in all caps but MSE removed it. Humph.)
    Originally posted by JuicyJesus
    She seems inexperienced and TSB have been chancing their arm although their offer withdrawal concerns me, I wonder what they have heard?
    • eskbanker
    • By eskbanker 11th Apr 19, 10:37 AM
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    eskbanker
    She seems inexperienced and TSB have been chancing their arm although their offer withdrawal concerns me, I wonder what they have heard?
    Originally posted by Cotta
    Don't pay any attention to what the adjudicator or TSB say or do at this stage, it's just noise - it's the ombudsman's verdict that counts! You'll get to hear this at the same time that TSB do.

    Besides, as ever, what TSB feel is generous is irrelevant, they'll be required to pay whatever FOS instruct them to pay....
    • masonic
    • By masonic 11th Apr 19, 5:03 PM
    • 11,561 Posts
    • 9,204 Thanks
    masonic
    She seems inexperienced and TSB have been chancing their arm although their offer withdrawal concerns me, I wonder what they have heard?
    Originally posted by Cotta
    They offered 300, meaning they think the decision will be for more than 300. They stated the offer was for "today", so as to create a sense of false urgency in the hope you'd panic and accept this low-ball offer. They are withdrawing it now because this approach did not work and this is just a new tactic is aimed at making you uneasy so that you might settle with them for 300, or less if they think they can get away with it.

    Dodgy dealings right out of the used car salesman handbook, and the adjudicator is complicit. I hope the manager has given her a telling off as well as instructing her to butt out.
    • Cotta
    • By Cotta 12th Apr 19, 8:11 AM
    • 3,364 Posts
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    Cotta
    And today is the deadline day by which the Ombudsman is supposed to get back to me, will this saga end today?
    Last edited by Cotta; 12-04-2019 at 8:56 AM.
    • masonic
    • By masonic 12th Apr 19, 5:42 PM
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    masonic
    "Tomorrow, Tomorrow, I love ya Tomorrow, you're always a day away"
    • Cotta
    • By Cotta 15th Apr 19, 8:38 AM
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    Cotta
    The Ombudsman has responded. In brief they have effectively rubber stamped the adjudicator's decision to the letter. There were chunks of the issues that they opted not to deal with including the delay following the Adjudicator's decision in December. I have advised that I am happy with the initial fininding but a key point of escalation was to look at the delay from December until now where TSB effectively ignored FOS - I have indicated that I feel this should be addressed.
    • eskbanker
    • By eskbanker 15th Apr 19, 8:49 AM
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    eskbanker
    Reassuring to see that the original decision has been upheld, although I don't think there was ever much prospect of the figure being reduced, despite the adjudicator's assertions! Disappointing that no notice seems to have been taken of the delay issue (after this seemed to be confirmed as being in scope), and of course TSB still haven't actually paid up so this shouldn't be referred to in the past tense just yet....
    • Cotta
    • By Cotta 15th Apr 19, 8:57 AM
    • 3,364 Posts
    • 1,704 Thanks
    Cotta
    Reassuring to see that the original decision has been upheld, although I don't think there was ever much prospect of the figure being reduced, despite the adjudicator's assertions! Disappointing that no notice seems to have been taken of the delay issue (after this seemed to be confirmed as being in scope), and of course TSB still haven't actually paid up so this shouldn't be referred to in the past tense just yet....
    Originally posted by eskbanker
    I have said that I won't accept the decision in full unless the delay is addressed in full, am I being reasonable?
    • eskbanker
    • By eskbanker 15th Apr 19, 9:03 AM
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    eskbanker
    I have said that I won't accept the decision in full unless the delay is addressed in full, am I being reasonable?
    Originally posted by Cotta
    It depends on your expectations (and how you've expressed them) I suppose - as I think I've posted before, I do feel that it would have been appropriate for TSB to be sanctioned in some way but don't necessarily translate that into additional compensation for you.... Have you explicitly made the case that the impact of the delay is a significant amount of your time (and money? on calls, etc)?
    • Cotta
    • By Cotta 15th Apr 19, 9:07 AM
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    Cotta
    It depends on your expectations (and how you've expressed them) I suppose - as I think I've posted before, I do feel that it would have been appropriate for TSB to be sanctioned in some way but don't necessarily translate that into additional compensation for you.... Have you explicitly made the case that the impact of the delay is a significant amount of your time (and money? on calls, etc)?
    Originally posted by eskbanker
    It's not so much that I am looking for additional compensation, however I said when logging the complaint and as recently as last week that I wanted this aspect looked at to which the Ombudsman agreed to.
    • djpailo
    • By djpailo 15th Apr 19, 10:00 AM
    • 520 Posts
    • 199 Thanks
    djpailo
    Good going Cotta. I think you should inform them to take note of the delay though I am not sure how you would phrase it better than you already have.
    • Cotta
    • By Cotta 15th Apr 19, 11:21 AM
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    Cotta
    The adjudicator has just sent the following:


    Dear Mr. Cotta,

    The Ombudsman has now completed their review and delivered their final verdict. I note that you disagree with their decision so neither you nor the business will be bound by it.

    I also note that you have a complaint pending about how this process was managed, how do you wish to proceed with this?

    Regqards
    FOS
    • eskbanker
    • By eskbanker 15th Apr 19, 1:03 PM
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    eskbanker
    No idea why the adjudicator keeps sticking her oar in, did you get any response when highlighting her conduct to the manager who'd taken on your complaint about FOS (can't recall if this is the same person as the ombudsman deciding on the merits of the case itself against TSB)? Seems to me that you should continue to liaise with the manager on the complaint and I'd see the adjudicator as having no role in the discussion anymore.

    Having said that, what she says may flag an issue, in that if the way that the case has been recorded within FOS and their systems suggests that you've actually rejected the decision then I doubt that's what you'd wish to happen, unless you really want to die in a ditch about the delay issue. Did the communication about the decision from the ombudsman make it clear what your options are in terms of what you can do if you disagree with it and what the implications would be?
    • masonic
    • By masonic 15th Apr 19, 5:01 PM
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    masonic
    I'm confused, has the Ombudsman provided you and TSB with the full written decision and requested your formal response? Or asked you to review the decision prior to it being formalised?

    If the former, then I think it's take it or leave it I'm afraid, and I'd definitely clarify you accept the decision and regroup for the subsequent complaint against the FOS. If the latter then I can see why TSB's colleague is getting her knickers in a twist. She's probably worked really hard behind the scenes to ensure the most embarrassing aspect of this case has no mention in the decision.
    Last edited by masonic; 15-04-2019 at 5:05 PM.
    • Cotta
    • By Cotta 15th Apr 19, 6:23 PM
    • 3,364 Posts
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    Cotta
    I accepted the ruling as far as it went but I was unable to accept it in full as TSB's ignoring of the December ruling was not addressed. FOS have taken this as an overall rejection and advised that neither of us are bound by their decision. I've asked to speak to a Manager to resolve this matter.
    • eskbanker
    • By eskbanker 15th Apr 19, 6:46 PM
    • 10,107 Posts
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    eskbanker
    Ouch - I hope you haven't overplayed your hand here. As per my earlier question and masonic's, what did the communication from the ombudsman actually say in terms of the finality of the decision and your options regarding acceptance or not?
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