Thank you for your email. The BCSB is an independent body that polices the Banking Code and the Business Banking Code. We do not investigate individual complaints against banks and building societies, because that is the role of the Financial Ombudsman Service (FOS). The BCSB Helpline can only advise on your rights under the Banking Codes, and cannot give legal advice.
I have passed the information that you have supplied to our Head of Compliance Monitoring, for his information. I note from your email that you have checked the position with the ASA.
If you want to make a complaint to the bank, the procedure is as follows:
You should ask the bank for a copy of its complaints procedure. This sets out the legal timescale they are required to follow in dealing with your complaint. Your complaint should be made in writing, to their designated complaints department.
After they have looked into your complaint, they will write to tell you of the outcome of their investigation. They will also tell you about your right to bring your complaint to the FOS if you are still not happy.
The FOS helps settle disputes between individuals or small businesses and financial organisations. If a settlement cannot be agreed, they decide who is right. The service is free to consumers and its decisions are binding on financial organisations. FOS can make awards of up to £100,000. You can find their contact details on their website at
www.financial-ombudsman.org.uk <
http://www.financial-ombudsman.org.uk/> The FOS takes account of the Banking Codes in making its decisions.
The BCSB is always pleased to hear from customers where there has been a serious breach of the Codes. Customers who let us know about serious Code breaches provide useful intelligence and may help us to correct a problem before it becomes more widespread.
But most individual problems are usually best dealt with via the firm’s own complaints procedure and if necessary the FOS. The BCSB cannot generally take action just because you have received poor service, nor can we become involved in matters that are going through the courts or where another regulator is involved.
A serious breach of the Codes is likely to be one that has affected other customers, has been systematic, has continued for a long time or is suspected of having been deliberate.
We keep a record of all complaints that are notified to us. We will take note of any useful intelligence regarding the operation of the Codes disclosed in your email, and if there is, in our view, evidence of a serious breach of either Code, we may write to you again for more information.
I hope that you are able to resolve your complaint.
Regards,
Jane McCue
Helpdesk Manager