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Business|Banking|Dispute|Complaints|to|Financial|Ombudsman|Service|(FOS)

 

The way that a Business Banking Dispute case is constructed can be a deciding factor in success or failure for a complaint through the Financial Ombudsman Service.


IBAS experience is that FOS complaints need to be properly constructed and require careful research covering the whole period of the banking complaint including the initial complaint to the bank (which is often verbally made but will be noted by the bank and produced later) - onwards.

Thatʼs because your bank will use the material they have in their files (which will include telephone conversations with you) to construct the bank ʼs ʻFinal Responseʼ letter to enable them to dilute, refute or deny business banking dispute claims and complaints.

Banks rarely say ʻwe are wrongʼ. If they know they are wrong, itʼs much more likely that they will maintain their innocence. That will delay the complaint being made formally. Bank tactics of denial have been very effective over a very long period of time, particularly when used in an FOS directed ʻFinal Letterʼ which a bank will construct to address a business banking complaint when made by a business customer direct to the bank.

At that time the bankʼs legal team will have identified and will focus upon their facts, your inaction and the legalities in drafting their “Final Letterʼ.

If your case has been poorly presented and not properly researched the bank will identify that quickly and the Final Letter will ʻshowʼ the bankʼs superior position so that the FOS can use or ʻadoptʼ those into their Response to you. If the bank makes any concession in their ʻFinal Letterʼ that will be ʻdownplayedʼ and may not be of any real financial value - as the intention is to obtain a swift closure to your complaint at a very low cost to the bank, regardless of the cost to you or your business.

We are aware that business customers perceive the FOS route as being a very low cost and also simple to use as an alternative to the courts and bank litigation. However, when the business customerʼs complaints are poorly presented and non factual it will immediately devalue that complaint.

Poor preparation for an FOS Business Banking complaint will obtain:

a) a poor result for you but

b) may also prevent your case from being properly negotiated later if the FOS then makes a Final Decision in favour of the bank.

Banks have been ʻgearedʼ to using the FOS procedures for the bankʼs benefit since 1985 when the Banking Ombudsman was first introduced by government.

When the FOS replaced the banking Ombudsman in 2002 and absorbed all existing ombudsman into one entity (FOS) the banks adapted quickly to utilize the new FOS procedures. To streamline the FOS complaints the FOS use a ʻtick boxʼ analysis. This FOS procedures allows the banks to target business banking complaints better and to block or ʻturnʼ them (for the bank advantage) into a complaint which the FOS cannot accept or which the FOS will not investigate. For those businesses or directors who do not research their case properly the FOS 'tick box' analysis is the first obstacle at which their complaint may well fail.

An FOS business banking dispute case generally has just one real opportunity to be ʻinvestigatedʼ by the FOS. If your complaint fails the FOSʼs initial ʻanalysisʼ of what the FOS consider to be a viable or worthwhile complaint it will not be accepted by the FOS. The bankʼs analysis of complaint letters examine every word you use. They will know from their analysis of your complaint exactly what the FOS analysis will then produce and the bank will be able to predict the FOS decision.

Often, the bank will prepare for litigation at that time (or may have already decided on your complaints legal position prior to their ʻFinal Letterʼ) at will be aware how the FOS decision will ʻplay outʼ for their benefit.

IBAS early involvement in a business banking dispute claim can prevent an 'easy route' being 'open' for the bank which they can use to eliminates the unwary business customer's FOS complaint.

IBAS early involvement in your business banking dispute claim will also enable IBAS to discuss your complaint and then prepare it for best effect and then present your complaint to the FOS under our low cost membership. We will then also progress matters on your behalf which saves you time and money.

From 1st April 2019 the FOS will have new rules for SME Banking Complaints which will include many more SMEs

FCA confirms greater access for SMEs to the Financial Ombudsman Service - The changes will mean that SMEs with an annual turnover below £6.5m and fewer than 50 employees, or an annual balance sheet below £5m will now be able to refer unresolved complaints to the ombudsman service. Under the ‘near-final’ rules published today around 210,000 additional UK SMEs will be eligible to complain to the ombudsman service. - FCA - 16th October 2018

Currently the FOS Business Banking Dispute complaints position is as FCA Press Release on 16.10.18.

 

Summary:


In our experience litigation is the last course of action for any Business Banking Dispute because it is extremely expensive and time consuming but also most banking litigation cases which do reach a conclusion end with only Banks and lawyers being winners.

IBAS knowledge and experience of the Financial Ombudsman Service complaints handling and of the bank strategy for producing their ʻFinal Lettersʼ in answer to complaints allows IBAS to focus on the correct business banking complaints and IBAS draft banking complaints for our members with much more precision, whilst also preparing a better ʻdefenceʼ for that business banking dispute debt claim should it be required.

IBAS aim is always to resolve a Business Banking Debt Claims without litigation.

In most business banking dispute cases that is possible as IBAS investigations will usually produce worthwhile negotiating information.

That has meant, that even when a bank threatens or has initiated litigation that a full litigation has been avoided by IBAS negotiations in the majority of cases.

Seeking IBAS assistance early will help us to help you as has been possible for so many before you

 

 

.email IBAS to see if we will accept your case

 

 

See also: Director's Personal Guarantee through Financial Ombudsman Service (FOS) complaint

 

IBAS has featured on BBC TV, BBC TV News, ITV, Meridian and Sky News and contributed to many editorials and articles including those for the Sunday Times, Times, Daily Mail, Daily Express, Telegraph and Daily Mirror

 

Independent Banking Advisory Service (IBAS) - IBAS launched in 1992 as a specialist unincorporated business banking membership organization assisting bank customers with UK business banking account loan disputes and business banking debt disputes with their bank. Our analysis and investigation of business bank loans, business bank accounts, business banking contracts, business banking account facilities and business banking debt recovery information has been instrumental in our member's success.

Last modified: 5th January 2019