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Incompetent FoS Investigation

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I have been with the same Mortgage Provider since 2008. Due to the high level of SVR on the mortgage product, In 2015, I contacted them, and asked if it was possible to do a core product transfer to one of the other mortgages available within the brand.


At the time of asking in early 2015, i was told that i was unable to do an internal core product transfer from one part of the brand to another. I inquired about this around ten times between 2015 and 2017.


In early 2017, i inquired one more time, and on this occasion, i was told that i was classed as an existing customer, and therefore could do a core product transfer at anytime. I have since done the internal core product transfer and changed from a high SVR to a 2-year fixed deal. The saving per month is over £200.


As a result of the bank not telling me that i was able to do an internal core product transfer, i estimate that i have been paying exceptionally high mortgage repayments, and could have saved over £5k, had i been given the correct information.


I complained to the bank saying that they should have signposted me to other mortgage products available within the group, and had they done so several year's ago, i would have been substantially better off. The bank did not uphold my complaint. They stated that there adviser's aren't allowed to signpost me on the phone. The problem with there defence is that i was only able to do the core product transfer, two years later, as a result of staff signposting me to this mortgage (the staff member who has worked for the bank for over 10 years telling me they should have signposted me back in 2015).


The bank didn't uphold my complaint, so i complained to the FoS. The FoS carried out an investigation and stated that i couldn't provide any proof that i had phoned 2/3 years ago to ask for the internal mortgage product transfer and they stated that the bank had no record of the call. The FoS investigation was very quick and only took a few weeks, despite submitting to them a large amount of information.


Unhappy, at the thoroughness and response of the FoS, i decided to submit an SAR to the business and ask them for all notes and recordings of my calls since 2015. As a result i have discovered the call i made in early 2015, asking to do an internal core product transfer. I have also discovered the phone calls where two separate advisers signposted me to other mortgage products, including them telling me that i should have been signposted to one of there other mortgage products.


I have submitted this information to the FoS Adjudicator, and asked for his decision to be appealed with an Ombudsman. The Adjudicator is belligerent during our communications and states that he won't pass it to an Ombudsman, until he examines the further evidence i have provided him. In there last communication, the Adjudicator stated that just because i have found this information, doesn't mean he will change his view and decision.


It's been over two weeks since i submitted my additional evidence to the Adjudicator, who advised he was going back to the bank. I haven't heard anything back as of yet. I would suggest the bank are probably embarrassed by the fact that i have carried out my own investigation and found the evidence i believe proves my case.


The Adjudicator seems to be fairly on the side of the business and i have questioned the depth and thoroughness of there investigation. I supplied them with all of the phone calls i made to the bank over 2/3 years and they apparently couldn't find any trace or evidence of them, yet when i submit an SAR, i get given them on discs.


The resolution i am looking for, is for the bank to put me back in the position i would have been, had they given me the correct and appropriate information, when i tried to transfer my mortgage, back in 2015.


Any advice would be much appreciated please?


Can i ask the Adjudicator to submit my complaint to an Ombudsman as i don't believe that they have carried out a fair, transparent or thorough investigation and that i have sourced all the evidence to prove my case?


What about referring this to the Independent Assessor?

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Surely you need to wait for the Adjudicator's response to the new evidence?.

Firstly they might now agree with you (the advice that "just because i have found this information, doesn't mean he will change his view and decision" doesn't mean that he won't change his view, just that he might not!)

If he doesn't change his view, then ask for it to be escalated to the Ombudsman proper.

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Sound advice Bazza thanks. I will wait to see if the adjudicator changes there mind about the complaint. I think it highly likely they won’t, so in this event i will then insist on it being passed to an Ombudsman to review.

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