Does the Ombudsman order an institution to compensate customers who havn't complained

F

Fin Crusader

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Brendan,

Do you have any reason why the Financial Services Ombudsman did not mandate Danske Bank to refund all customers affected. The F.S.O. have done this many times in relation to other financial matters?
 
Brendan,

Do you have any reason why the Financial Services Ombudsman did not mandate Danske Bank to refund all customers affected. The F.S.O. have done this many times in relation to other financial matters?

Again, I would ask you to back up this statement that the FSO has done this "many times."

They have the power to do it, but have rarely used it. Off the top of my head, I can remember only one - this case involving the Irish Nationwide. If I recall correctly, in a later case, not involving the Irish Nationwide, there was a question mark over whether the Ombudsman had that power.

It would be very helpful if you could provide a list of the "many times" the FSO has done this.
 
Here is Section 57 C(I)
[FONT=&quot](4) If a complaint is found to be wholly or partly substantiated, the Financial Services[/FONT]
[FONT=&quot]Ombudsman may direct the financial service provider to do one or more of the following:[/FONT]
[FONT=&quot]([/FONT][FONT=&quot]a[/FONT][FONT=&quot]) to review, rectify, mitigate or change the conduct complained of or its[/FONT]
[FONT=&quot]consequences;[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] ([/FONT][FONT=&quot]b[/FONT][FONT=&quot]) to provide reasons or explanations for that conduct;[/FONT]
[FONT=&quot] ([/FONT][FONT=&quot]c[/FONT][FONT=&quot]) to change a practice relating to that conduct;[/FONT]
[FONT=&quot]([/FONT][FONT=&quot]d[/FONT][FONT=&quot]) to pay an amount of compensation to the complainant for any loss, expense or inconvenience sustained by the complainant as a result of the conduct complained of;[/FONT]
[FONT=&quot]([/FONT][FONT=&quot]e[/FONT][FONT=&quot]) to take any other lawful action.[/FONT]
 
This is what happened in the case of the Irish Nationwide
http://www.askaboutmoney.com/showthread.php?t=22110

from the [broken link removed] PDF Page 28 which suggests that the Ombudsman's powers are very limited


 
Brendan,

I believe in 2008 Hibernian Direct had to repay 16,000 euro to 370 customers. However I believe that the action against Hibernian direct was taken by the financial regulator and not the Financial services ombudsman. I believe you are right when you say the F.S.O utilised their mandating powers only once
 
Fin Crusader.
You raise a very valid point in that we have FSO and Financial Regulator fishing in a similar pond.
It means no Regulated Office has power and control, in effect issues get moved without proper resolution.
Eg on this thread the FSO is clearly not happy with Nationwides payout but Financial Regulator gives FSO the brush off !

I am not sure any of our (Regulators) give a damn about consumers.