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  • FIRST POST
    • Cotta
    • By Cotta 24th Sep 18, 9:20 AM
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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 34
    • Cotta
    • By Cotta 15th Apr 19, 7:57 PM
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    Cotta
    Oh well looks like TSB have won then, easy come, easy go I guess. Thanks to everyone for your help on this case, I really don't recommend the Financial Ombudsman Service at all.
    • masonic
    • By masonic 15th Apr 19, 8:16 PM
    • 11,563 Posts
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    masonic
    All you need to do is clarify that you accept the Ombudsman's decision and you will have won, and this time the decision is enforceable. I can't see why you would reject it, unless you are planning to take TSB to the small claims court.

    Either way, I understand the decision will be published in due course.
    Last edited by masonic; 15-04-2019 at 8:19 PM.
    • brianposter
    • By brianposter 16th Apr 19, 8:16 AM
    • 389 Posts
    • 124 Thanks
    brianposter
    You could point out that you accepted the adjudicators decision back in December (?), and that that decision presumably remains enforceable.
    • eskbanker
    • By eskbanker 16th Apr 19, 8:51 AM
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    eskbanker
    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.
    Originally posted by Cotta
    Just a further thought on this - she said last week that she'd consider the delay as part of the full journey, but that doesn't necessarily mean that she'd conclude that any further action was needed (even though their conduct seems indefensible to most of us). Is there any explicit reference to the duration of the whole episode within the decision?
    I have been advised that we must consider your full journey during the process including the delay follow the adjudicator's decision in December. I will revert back once I have completed my findings.
    Originally posted by Cotta
    • Cotta
    • By Cotta 16th Apr 19, 10:23 AM
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    Cotta
    Just a further thought on this - she said last week that she'd consider the delay as part of the full journey, but that doesn't necessarily mean that she'd conclude that any further action was needed (even though their conduct seems indefensible to most of us). Is there any explicit reference to the duration of the whole episode within the decision?
    Originally posted by eskbanker
    One a one liner that when I followed up at the end of January as to why the compensation wasn't paid, TSB advised they had no idea why it was not paid and at this stage I referred it to the Ombudsman,
    • eskbanker
    • By eskbanker 16th Apr 19, 10:57 AM
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    eskbanker
    One a one liner that when I followed up at the end of January as to why the compensation wasn't paid, TSB advised they had no idea why it was not paid and at this stage I referred it to the Ombudsman,
    Originally posted by Cotta
    That sounds to me like TSB are claiming that failure to pay was down to an inadvertent admin issue (due to large backlog, etc) rather than a deliberate ignoring of the FOS instruction, and that the ombudsman has swallowed that version of events.

    However, it's all a moot point if the ombudsman has made a final decision (is this definitely the case?), as this leaves no scope for further discussion with FOS, so as masonic pointed out above, it seems to be at the stage of 'take it or leave it' as far as the case against TSB is concerned, so if you still have the option to do so, then accepting the decision would seem to be the most sensible option.

    Presumably you'll still proceed with the complaint about how FOS have handled the case, even though the outcome of the case itself is no longer up for debate?
    • Cotta
    • By Cotta 16th Apr 19, 11:20 AM
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    Cotta
    That sounds to me like TSB are claiming that failure to pay was down to an inadvertent admin issue (due to large backlog, etc) rather than a deliberate ignoring of the FOS instruction, and that the ombudsman has swallowed that version of events.

    However, it's all a moot point if the ombudsman has made a final decision (is this definitely the case?), as this leaves no scope for further discussion with FOS, so as masonic pointed out above, it seems to be at the stage of 'take it or leave it' as far as the case against TSB is concerned, so if you still have the option to do so, then accepting the decision would seem to be the most sensible option.

    Presumably you'll still proceed with the complaint about how FOS have handled the case, even though the outcome of the case itself is no longer up for debate?
    Originally posted by eskbanker
    If I am able to accept the ruling then I will.
    • Cotta
    • By Cotta 16th Apr 19, 3:35 PM
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    Cotta
    I phoned FOS today and accepted the ruling. I indicated I was not happy with some of the service received in particular the non addressal of the delay. FOS advised that they did consider the delay within their review even though they have not specifically mentioned it. Some additional points they outlined were as follows:


    - A Manager will be in touch to discuss the service levels received from FOS.


    - FOS have indicated that it would be prudent to log a fresh complaint with TSB in relation to the delay to get a proper response on this issue. I am not sure if this is worthwhile?
    • eskbanker
    • By eskbanker 16th Apr 19, 3:50 PM
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    eskbanker
    FOS have indicated that it would be prudent to log a fresh complaint with TSB in relation to the delay to get a proper response on this issue. I am not sure if this is worthwhile?
    Originally posted by Cotta
    Personally I'd wait until they've paid the 500 before even considering going down that route, for two reasons:
    1. Until they actually stump up, you won't know how long the delay was!
    2. They might try to combine the complaints back together again and try to use it as an excuse not to settle the first one - there's no rational reason to do this of course.
    I suspect that the tone of TSB's comments since December (and before) would suggest that they won't countenance any further compensation, and they'll be boosted by the fact that FOS haven't imposed any sanction for the delay, so they'll probably be confident that they wouldn't be forced to pay any more if they reject another complaint....
    • Cotta
    • By Cotta 16th Apr 19, 4:56 PM
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    Cotta
    It's possibly time to close this one off, I am not sure anything is to be gained from pushing this on.
    • Cotta
    • By Cotta 18th Apr 19, 8:56 AM
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    • 1,707 Thanks
    Cotta
    Another update from my favourite adjudicator:


    Dear Mr. Cotta,

    Following your recent discusssion with FOS, TSB have been instructed to pay you the 500 compensation within the next 4 weeks.

    Furthermore the Ombudsman's Manager will be calling you to discuss some of your concerns around how the process was managed.

    Regards
    FOS
    • HampshireH
    • By HampshireH 18th Apr 19, 11:08 AM
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    HampshireH
    I have lost the thread a bit but have you also had your money in the account released as well as now the 500 owed?
    • Cotta
    • By Cotta 18th Apr 19, 11:32 AM
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    • 1,707 Thanks
    Cotta
    I have lost the thread a bit but have you also had your money in the account released as well as now the 500 owed?
    Originally posted by HampshireH
    Just awaiting for the 500 to be paid and the interest of 5% of a balance of 1500 from April to December.
    • masonic
    • By masonic 18th Apr 19, 5:02 PM
    • 11,563 Posts
    • 9,205 Thanks
    masonic
    Another update from my favourite adjudicator:


    Dear Mr. Cotta,

    Following your recent discusssion with FOS, TSB have been instructed to pay you the 500 compensation within the next 4 weeks.

    Furthermore the Ombudsman's Manager will be calling you to discuss some of your concerns around how the process was managed.

    Regards
    FOS
    Originally posted by Cotta
    If only you'd accepted the 300 offer she came to you with just prior to the Ombudsman's decision...
    • Cotta
    • By Cotta 26th Apr 19, 11:25 AM
    • 3,366 Posts
    • 1,707 Thanks
    Cotta
    And it arrived into my account this morning, 549.90 - what a saga that is finally over.
    • badger09
    • By badger09 26th Apr 19, 11:55 AM
    • 6,827 Posts
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    badger09
    And it arrived into my account this morning, 549.90 - what a saga that is finally over.
    Originally posted by Cotta
    Thanks for the update. You deserve every penny!
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