| Experiences with Financial Ombudsman? 16:17 - Jun 21 with 2590 views | BLUEBEAT |
Very unlike me to request advice on a personal subject, but none of my family/close network have had similar experiences, so am plugging into the TWTD hive mind… ðŸ™ðŸ¼
Has anyone had any dealings with Financial Ombudsman before?
Cutting a very long story short, getting divorced and we both visited bank September 2021 to completed forms to take ex off joint account. Since then, she seems to have known my every move, kind of like profiling what I’ve been doing, where, when etc. She also knew who my new mortgage is with/how much I pay etc. I couldn’t understand this, assuming my son had accidentally dropped bits of info as he stays with me a lot.
Anyway… after a little dispute about whether I should pay for something, she said she knew I could afford it and when I asked how would she know, she said she still had access to the old joint account and to prove it, she quoted the exact figure in the account on that day. She then threatened to transfer out some money (she didn’t).
I hot-tailed it to the bank immediately and they confirmed she still had access/form hadn’t been processed but will act on it now. They also raised a complaint. This was early May 2022.
Complaints manager contacted me this week and she STILL hadn’t been taken off account despite my visit in May. 9 months later. WTAF?!?!
She has now been taken off account.
Bank initially offered £400 compensation, which I refused. Next day they doubled it to £800 but said that would be their final offer and issued a letter advising such.
I told them that they had breached GDPR and not protected me for over 9 months and were complicit in providing info to my ex that she can use in divorce etc. but they said they couldn’t offer any more despite admitting they were totally at fault.
A bit of Googling suggests these are relevant compensation levels:
Personal Data Breach - up to £2K
Financial Information Breach - £3K>£8.6K
Breach that caused physical or emotional distress - up to £42.9K
So my question is…. Has anybody had any similar experiences or dealt with the Ombudsman before and was it worth the extra time?
Thanks in advance, a very annoyed BlueBeat.
|  |
| |  |
| Experiences with Financial Ombudsman? on 16:31 - Jun 21 with 2079 views | Zx1988 |
No direct experience myself, but I'd suggest it's probably worth pursuing, especially as the bank have admitted to being in the wrong.
The exercise for them, to this point, has been "what's the least we can get away with paying Bluebeat to try and get him to go away" and the whole 'final offer' thing is just a part of this process. No doubt they are working on the basis that you will take them at their word as to the sums offered.
I assume that the £800 doesn't have a time limit on it? Similarly, I take it that the offer hasn't been made without prejudice, meaning that you will be able to rely upon it in any ombudsman proceedings?
If the Financial Services Ombudsman is the same as other similar services, it might also be worth noting that the financial institution will be bound to pay for the ombudsman's involvement. In which case, it might even be that a mere application will be enough to force their hand and make them make you a more realistic offer. |  |
| |
| Experiences with Financial Ombudsman? on 16:36 - Jun 21 with 2050 views | jeera |
I'd also be interested under what right the ex thought she had to make threats to take money from your account having, going by what you've said, signed the relevant paperwork stating she no longer had any claim to that particular account.
I wonder if she had done so following making the threat what, if anything, that would have constituted.
You always find out what people are really like after a break-up. |  |
| |
| Experiences with Financial Ombudsman? on 16:43 - Jun 21 with 2018 views | Stu_boy |
It's definitely worth pursuing with the fos. Youve given them an opportunity to address your complaint and they have accepted fault by making the offer. If your not happy with the offer you can take it further. However, there are no guarantees the fos will increase the offer if they deem it fair and appropriate | | | |
| Experiences with Financial Ombudsman? on 16:44 - Jun 21 with 2015 views | C_HealyIsAPleasure |
Yes. I raised a complaint with them a couple of years ago when my energy provider tried to backbill me 2 and half years worth of energy as a result of an error their side. I was fully aware that Ofgem regulations meant that this was illegal and they only had the right to go back 12 months under the scenario that had occurred - long story short the Ombudsman were very helpful (if a bit slow) and found in my favour, forcing the provider to waive most of the bill
However - in your case I am not sure it is actually the Ombudsman you need to be raising this with, as opposed to someone like the ICO? Might be worth checking their website to see what permissions they have to handle this sort of thing as think usually they only deal with things like processes and charges rather than a data breach. If it is them though my advice is to clearly outline the material affect the banks failings have had (particularly financial detriment), plus the distress etc and make clear what outcome you are seeking, and in any event if it isn’t them I would expect them to outline that in response and point you in the right direction (although it may take a while to get there) |  |
| |
| Experiences with Financial Ombudsman? on 16:45 - Jun 21 with 2008 views | BLUEBEAT |
| Experiences with Financial Ombudsman? on 16:31 - Jun 21 by Zx1988 |
No direct experience myself, but I'd suggest it's probably worth pursuing, especially as the bank have admitted to being in the wrong.
The exercise for them, to this point, has been "what's the least we can get away with paying Bluebeat to try and get him to go away" and the whole 'final offer' thing is just a part of this process. No doubt they are working on the basis that you will take them at their word as to the sums offered.
I assume that the £800 doesn't have a time limit on it? Similarly, I take it that the offer hasn't been made without prejudice, meaning that you will be able to rely upon it in any ombudsman proceedings?
If the Financial Services Ombudsman is the same as other similar services, it might also be worth noting that the financial institution will be bound to pay for the ombudsman's involvement. In which case, it might even be that a mere application will be enough to force their hand and make them make you a more realistic offer. |
No time limit, offered without prejudice and have accepted full responsibility.
Thanks for your reply. | |
| |
| Experiences with Financial Ombudsman? on 16:45 - Jun 21 with 2001 views | jeera |
| Experiences with Financial Ombudsman? on 16:43 - Jun 21 by Stu_boy |
It's definitely worth pursuing with the fos. Youve given them an opportunity to address your complaint and they have accepted fault by making the offer. If your not happy with the offer you can take it further. However, there are no guarantees the fos will increase the offer if they deem it fair and appropriate |
I would certainly pursue it on principle. | |
| |
| Experiences with Financial Ombudsman? on 16:47 - Jun 21 with 1995 views | BLUEBEAT |
| Experiences with Financial Ombudsman? on 16:36 - Jun 21 by jeera |
I'd also be interested under what right the ex thought she had to make threats to take money from your account having, going by what you've said, signed the relevant paperwork stating she no longer had any claim to that particular account.
I wonder if she had done so following making the threat what, if anything, that would have constituted.
You always find out what people are really like after a break-up. |
Indeed.
This is another massive issue but am content to let it go unaddressed at this point! | |
| |
| Experiences with Financial Ombudsman? on 16:49 - Jun 21 with 1976 views | BLUEBEAT |
| Experiences with Financial Ombudsman? on 16:44 - Jun 21 by C_HealyIsAPleasure |
Yes. I raised a complaint with them a couple of years ago when my energy provider tried to backbill me 2 and half years worth of energy as a result of an error their side. I was fully aware that Ofgem regulations meant that this was illegal and they only had the right to go back 12 months under the scenario that had occurred - long story short the Ombudsman were very helpful (if a bit slow) and found in my favour, forcing the provider to waive most of the bill
However - in your case I am not sure it is actually the Ombudsman you need to be raising this with, as opposed to someone like the ICO? Might be worth checking their website to see what permissions they have to handle this sort of thing as think usually they only deal with things like processes and charges rather than a data breach. If it is them though my advice is to clearly outline the material affect the banks failings have had (particularly financial detriment), plus the distress etc and make clear what outcome you are seeking, and in any event if it isn’t them I would expect them to outline that in response and point you in the right direction (although it may take a while to get there) |
Great info, thanks. | |
| |
Login to get fewer ads
| Experiences with Financial Ombudsman? on 16:50 - Jun 21 with 1974 views | Kropotkin123 |
| Experiences with Financial Ombudsman? on 16:31 - Jun 21 by Zx1988 |
No direct experience myself, but I'd suggest it's probably worth pursuing, especially as the bank have admitted to being in the wrong.
The exercise for them, to this point, has been "what's the least we can get away with paying Bluebeat to try and get him to go away" and the whole 'final offer' thing is just a part of this process. No doubt they are working on the basis that you will take them at their word as to the sums offered.
I assume that the £800 doesn't have a time limit on it? Similarly, I take it that the offer hasn't been made without prejudice, meaning that you will be able to rely upon it in any ombudsman proceedings?
If the Financial Services Ombudsman is the same as other similar services, it might also be worth noting that the financial institution will be bound to pay for the ombudsman's involvement. In which case, it might even be that a mere application will be enough to force their hand and make them make you a more realistic offer. |
The last sentence of your last paragraph is my experience when dealing with the Google store.
@initial poster
They then deferred to exactly what I initially requested upon receipt of my first formal letter. There is a resolution process that you have to follow before it goes to the relevant ombudsman.
There are templated emails out there, to help you through it, which will give them X amount of weeks to respond and resolve your dispute, which I think it also a factor in them dealing with the process. Do the have the staffing levels to respond in a timely manner for your case.
You should have a clear idea of what is fair compensation though, as you have to genuinely seek to resolve the dispute. |  |
| Submit your 1-24 league prediction here -https://www.twtd.co.uk/forum/514096/page:1 - for the opportunity to get a free Ipswich top. | | Poll: | Would you rather | | Blog: | Round Four: Eagle |
| |
| Experiences with Financial Ombudsman? on 17:30 - Jun 21 with 1870 views | BLUEBEAT |
| Experiences with Financial Ombudsman? on 16:50 - Jun 21 by Kropotkin123 |
The last sentence of your last paragraph is my experience when dealing with the Google store.
@initial poster
They then deferred to exactly what I initially requested upon receipt of my first formal letter. There is a resolution process that you have to follow before it goes to the relevant ombudsman.
There are templated emails out there, to help you through it, which will give them X amount of weeks to respond and resolve your dispute, which I think it also a factor in them dealing with the process. Do the have the staffing levels to respond in a timely manner for your case.
You should have a clear idea of what is fair compensation though, as you have to genuinely seek to resolve the dispute. |
Your last sentence is what I am contemplating/struggling over.
Her having intel on what I’ve been doing etc. for the last 9 months and the related stress and paranoia it has brought on.
How do you put a price on that?!?! 🤔 | |
| |
| Experiences with Financial Ombudsman? on 17:37 - Jun 21 with 1855 views | Zx1988 |
| Experiences with Financial Ombudsman? on 17:30 - Jun 21 by BLUEBEAT |
Your last sentence is what I am contemplating/struggling over.
Her having intel on what I’ve been doing etc. for the last 9 months and the related stress and paranoia it has brought on.
How do you put a price on that?!?! 🤔 |
I'd argue that it's not so much about getting the figure right, but just being able to justify why you're using the figure that you've used.
If you can use the settlement data you've already found, and try to compare it to your own situation, hopefully that'll help you concoct some sort of range within which you'd be happy. Perhaps, based on the information you've already gleaned, a range of £10k-£30k might not be inappropriate? | |
| |
| Experiences with Financial Ombudsman? on 17:52 - Jun 21 with 1837 views | ZXBlue |
| Experiences with Financial Ombudsman? on 17:37 - Jun 21 by Zx1988 |
I'd argue that it's not so much about getting the figure right, but just being able to justify why you're using the figure that you've used.
If you can use the settlement data you've already found, and try to compare it to your own situation, hopefully that'll help you concoct some sort of range within which you'd be happy. Perhaps, based on the information you've already gleaned, a range of £10k-£30k might not be inappropriate? |
What actual harm has been done?
10s of thousands seems wildly over optimistic to me. | | | |
| Experiences with Financial Ombudsman? on 18:02 - Jun 21 with 1823 views | jeera |
| Experiences with Financial Ombudsman? on 17:52 - Jun 21 by ZXBlue |
What actual harm has been done?
10s of thousands seems wildly over optimistic to me. |
The bank has a responsibility to its punters and their incompetence has left him vulnerable to fraud.
Imagine someone else having access to not only your account, but also your every movement via your private transactions.
I should think there's a number of laws there they've broken and maybe a solicitor would be the answer rather the ombudsman. | |
| |
| Experiences with Financial Ombudsman? on 18:23 - Jun 21 with 1785 views | BLUEBEAT |
| Experiences with Financial Ombudsman? on 17:52 - Jun 21 by ZXBlue |
What actual harm has been done?
10s of thousands seems wildly over optimistic to me. |
Seriously?
Going through a divorce/child custody issue and she knows my entire financial commitments/history, which should be 100% private, and I know nothing of hers. | |
| |
| Experiences with Financial Ombudsman? on 18:33 - Jun 21 with 1741 views | ZXBlue |
| Experiences with Financial Ombudsman? on 18:23 - Jun 21 by BLUEBEAT |
Seriously?
Going through a divorce/child custody issue and she knows my entire financial commitments/history, which should be 100% private, and I know nothing of hers. |
I think so yes.
Are you still going through divorce etc? Because if so, there will have to be full financial disclosure anyway.
I am not minimising it, but I do think you need to be realistic about the likely award. | | | |
| Experiences with Financial Ombudsman? on 18:36 - Jun 21 with 1734 views | ZXBlue |
| Experiences with Financial Ombudsman? on 18:33 - Jun 21 by ZXBlue |
I think so yes.
Are you still going through divorce etc? Because if so, there will have to be full financial disclosure anyway.
I am not minimising it, but I do think you need to be realistic about the likely award. |
That said, no harm using the FOS. You dont have to accept their decision and can still sue. But if you do accept their decision its binding on the bank and on you. | | | |
| Experiences with Financial Ombudsman? on 18:36 - Jun 21 with 1732 views | Kropotkin123 |
| Experiences with Financial Ombudsman? on 18:23 - Jun 21 by BLUEBEAT |
Seriously?
Going through a divorce/child custody issue and she knows my entire financial commitments/history, which should be 100% private, and I know nothing of hers. |
From the information provided, 5k is clearly the minimum. Anything above that is speculation on our side, as we don't know the impact it has had on you.
Your lawyer may be able to give you a more informative guide. After all, it is in their interest that you win something like this, so you have cashflow for other payments you pay to them. I doubt they'd charge much for brief advice on this, given that they tend to play the longer game in terms of billing. | |
| Submit your 1-24 league prediction here -https://www.twtd.co.uk/forum/514096/page:1 - for the opportunity to get a free Ipswich top. | | Poll: | Would you rather | | Blog: | Round Four: Eagle |
| |
| Experiences with Financial Ombudsman? on 18:37 - Jun 21 with 1731 views | suffolkpoker |
only experince ive had with the Ombudsman is agaisnt my mortgage on releasing money. One word in the small print saved me, which i had to point out to them.
I won and the bank released the money within a few days.
For the bank to let her have that information is a HUGE mistake and could cost you thousands in extra money with the divoce proceeding.
I personally think the matter hasnt been raised high enough to get the correct payout. Threaten them with the Financial Ombudsman in writing and follow through if you dont get what you want.
Good luck mate |  |
| |
| Experiences with Financial Ombudsman? on 18:45 - Jun 21 with 1714 views | Pinewoodblue |
Involved Financial ombudsman in a dispute with an insurance company, while I got exactly what I asked it took far too long. There were 15 months between them acknowledging my complaint and appointing someone to deal with it. This was all Covid related and they blamed the delay on people working from home.
My advice would be to consider legal action. If you Google compensation for data protection breach you will find scores of legal firms offering to handle a claim for you.
Didn’t look at many but I am sure if you scroll through you will soon see a name you recognise. I doubt you would incur any fees for making preliminary enquiries.
I would seek advice, ask the level of compensation you could receive then deliver a demand to your bank for a figure you would accept giving them 14 days to respond and a warning that if you don’t hear by the deadline date all further contact will be via solicitors. |  |
| |
| Experiences with Financial Ombudsman? on 19:15 - Jun 21 with 1619 views | ZXBlue |
| Experiences with Financial Ombudsman? on 18:37 - Jun 21 by suffolkpoker |
only experince ive had with the Ombudsman is agaisnt my mortgage on releasing money. One word in the small print saved me, which i had to point out to them.
I won and the bank released the money within a few days.
For the bank to let her have that information is a HUGE mistake and could cost you thousands in extra money with the divoce proceeding.
I personally think the matter hasnt been raised high enough to get the correct payout. Threaten them with the Financial Ombudsman in writing and follow through if you dont get what you want.
Good luck mate |
I dont see how it could cost anythign extra in a divorce case? | | | |
| Experiences with Financial Ombudsman? on 19:58 - Jun 21 with 1549 views | BLUEBEAT |
| Experiences with Financial Ombudsman? on 19:15 - Jun 21 by ZXBlue |
I dont see how it could cost anythign extra in a divorce case? |
The divorce thing is a side issue, really.
Someone who didn’t have permission has had access to my financial ins/outs for 9 months. | |
| |
| Experiences with Financial Ombudsman? on 20:55 - Jun 21 with 1482 views | clive_baker |
| Experiences with Financial Ombudsman? on 17:52 - Jun 21 by ZXBlue |
What actual harm has been done?
10s of thousands seems wildly over optimistic to me. |
Sounds like the absolute bare minimum they should be paying. It’s negligent on their part and there should absolutely be more severe consequences than 800 pissing quid. Utter insult that is. [Post edited 21 Jun 2022 20:57]
|  |
| |
| Experiences with Financial Ombudsman? on 21:09 - Jun 21 with 1445 views | Pinewoodblue |
| Experiences with Financial Ombudsman? on 19:58 - Jun 21 by BLUEBEAT |
The divorce thing is a side issue, really.
Someone who didn’t have permission has had access to my financial ins/outs for 9 months. |
And, just importantly, would still have access if she had boasted about it. She could also have cleared the account out if she had a mind too. | |
| |
| Experiences with Financial Ombudsman? on 21:17 - Jun 21 with 1407 views | ZXBlue |
| Experiences with Financial Ombudsman? on 20:55 - Jun 21 by clive_baker |
Sounds like the absolute bare minimum they should be paying. It’s negligent on their part and there should absolutely be more severe consequences than 800 pissing quid. Utter insult that is. [Post edited 21 Jun 2022 20:57]
|
You have to ask what a court would award in circumstances where no actual financial damage has been done. | | | |
| Experiences with Financial Ombudsman? on 23:31 - Jun 21 with 1282 views | Pinewoodblue |
| Experiences with Financial Ombudsman? on 21:17 - Jun 21 by ZXBlue |
You have to ask what a court would award in circumstances where no actual financial damage has been done. |
Not strictly speaking correct as far as data protection is concerned. | |
| |
| |
By continuing to use the site, you agree to our use of cookies and to abide by our Terms and Conditions.
