complaint about Amex - Adjudicator refused access to other party's evidence

[parity4all]

Made a complaint to the Financial Ombudsman Service (FOS) about Amex because they provided me incorrect advice as to how to access a previous statement. They told me previous statements (older statements) can only be sent via post. However, later I discovered that although (older) previous statements aren't available via the app they can be accessed via online banking (via the Amex website).

 

I contacted Amex via in-app chat and told them I want to make a complaint. Each agent became really defensive and started stonewalling asking the same questions repeatedly. The last agent even said to me 'So the reason to raise a complaint is ONLY** that representative who could not handle your query well regarding Nov 2020 statement but now you have got it sorted'. After explaining to him that they (Amex) would still need to investigate and have systems in place to prevent it in future, he finally agreed to submit a complaint. 

 

However, we were still not out of the woods yet. The complaint submission entailed 'confirming' my contact number, mailing address and email address, passing the security question again (I had passed the security question in that session previously - this was the second time I was asked the security question in that session), only then the agent confirmed a complaint was submitted. I just checked the screenshots and the chat session on that day had started at 3:25 pm and ended at 5:14 pm. It would've been quicker to type a letter and post it via recorded delivery! Anyone wanting to complaint to Amex may wish to do that as the barrage of questions and stonewalling on in-app chat is just not worth it. It's no way quicker (efficient) by any means, although the whole point of in-app is to make life easier for us (not so when it comes to complaining).

 

In my complaint I asked Amex to investigate as to how come I wasn't advised about the ability to download past statements via online banking and also asked for £100 in compensation. Amex investigated my complaint and said: 
 

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I can confirm that they [the customer services agent] advised you correctly, however the information on our system was not up to date. I have made the relevant department aware that the system needs to be updated, so that the CCP’s are aware and can advise our Cardmembers accordingly. I am sincerely sorry for any inconvenience this matter has caused you. This element of your complaint has been upheld.

At American Express we try to ensure that our products and services are of high quality. Your feedback is much appreciated, as observations such as these are useful to us in any future reviews of our business operation.

 

 

Amex then credited my account £50. Not the £100 I had claimed. I felt Amex tried to brush aside the problem blaming it on the system not being up to date (and it not being the agent's fault) and the that they ought to have paid the £100 compensation I had claimed (considering the time and resources I had to dedicate to make the complaint). I also thought they should have accepted my complaint a long while ago (without the repeated questions).

 

That was why I complained to the FOS. The complaint was handled by an adjudicator who gave her view recently. In her view, she said she cannot see anything Amex has done wrong. So, I asked to see the evidence she considered when she came to her view. First I asked for all the evidence I had sent. She sent me some of the evidence I had sent but some were missing (evidence I had sent via royal mail signed for delivery). After repeated emails to her explaining I had sent documents via post she asked the FOS postroom to locate this evidence. I then received an email from her saying that the evidence had been on file all along but she had just 'realised [she] never added all the files' to the email she sent me. However, this doesn't quite add up cause it's clear from her view email that some content I had mentioned in the evidence sent through the post is missing. e.g. With the evidence I sent through the post, I had said I needed to claim printing cost of £9.30 (for printing that evidence). This was not mentioned in her view email- she only mentioned in her view email what I had claimed in my online correspondence. 

 

The other problem was when I asked to see the documents Amex had sent her that she considered when reaching her view. She resolutely denied me saying 'the case file from Amex is confidential'. She kept saying this even though I told her she should release it after redacting the relevant information, such as staff personnel names, their phone number/email, and commercially sensitive information etc. 

 

I then asked her to submit a service complaint about her refusal and also about my documents (sent via post not being added to the file/not being considered when she reached her view). Even this took a couple of emails. She then reverted saying she had spoken to an ombudsman about my case and had been advised to release the Amex case file. Today I was sent the case file from Amex but only the first 4 pages are readable, the others (about 18 pages) are not properly formatted and the text is superimposed on top of each other, so it's barely readable. I've emailed her asking to send the file again but in a readable format.

 

In the meantime, her manager has contacted me to 'introduce herself' (which is usually the procedure with a service complaint) and asked me what aspects do I 'believe' hasn't been taken into consideration when the adjudicator reached her decision and also if there is any specific evidence from AMEX that I wanted to see or did I want to see what the adjudicator had relied on when reaching her opinion. 

 

Has anyone on these forums (Consumer Action Group) ever actually had a service complaint decided in their favour? The past two service complaints I've made this year have all been turned down saying they were due to 'unavoidable' factors (outcome of service complaints at FOS are based on a 'avoidable' or 'unavoidable' criteria). So, if you complain about delays. The outcome would state the delay was avoidable therefore 'I [the manager] uphold the complaint' or 'delay was unavoidable therefore the complaint is not upheld'. 

 

I spent so much time and resources on those service complaints only to be told the FOS mistakes were unavoidable and that my complaint is not upheld. So, I'm thinking maybe this service complaint will also be an 'unavoidable' failure on the part of the FOS and be brushed under the carpet. We can complain to the 'independent' assessor but for that I need to wait for the Amex complaint to be finalised at the FOS (unless of course it's to do with something serious, like bias). Which brings me to the next point. Does anyone think the mistake by the adjudicator was a simple case of lack of (or improper) training or is there something more to it? e.g. bias

 

I told her in an email that I'm kinda baffled that she is acting on the instructions of Amex (re. confidentiality) instead of following the internal procedures and processes at FOS. I didn't receive an answer to this.

 

** - my emphasis

[cjcregg]

I had a service complaint that was turned down but succeeded when I took it to the Independent Assessor.

 

 

[parity4all]

@cjcreggcan I ask what your service complaint was about?

 

By the way I forgot to mention in the OP, after my adjudicator had spoken to the ombudsman, and the ombudsman told her to release the info from Amex she had relied upon to reach her view, she reverted to me with the following:

 

Quote

I have spoken to an Ombudsman today regarding your case.
He advised that I can send the information I've relied on to reach my view even though Amex have written strictly confidential and not to be shared.
If you require the information I would be more then happy to look over the file next week and send any information I can. 

 

That's how come I said to her it's kinda baffling that she had chosen to follow the instructions from Amex instead of the FOS internal procedures and processes about case file access.

[cjcregg]

I assisted the complainant in a distressing complaint who was seeking compensation for a claims management company who were chasing her for money that they alleged was for an agreement signed by her husband in 2019. But he had in fact passed away in 2016.

 

FOS changed the status of the complainant to the executor of her late husband's estate and although the complaint was upheld, FOS refused to offer compensation on the basis that their rules prevented them from awarding compensation to an estate. But FOS never disclosed to the complainant the effects the status change would have on the outcome of the complaint. We complained to the Independent Assessor (Dame Gillian Guy) who agreed with us and ordered FOS to pay her the compensation themselves.

 

Have you considered sending a Subject Access Request to FOS?

 

 

[parity4all]

On 27/08/2022 at 10:14, cjcregg said:

I assisted the complainant in a distressing complaint who was seeking compensation for a claims management company who were chasing her for money that they alleged was for an agreement signed by her husband in 2019. But he had in fact passed away in 2016.

 

FOS changed the status of the complainant to the executor of her late husband's estate and although the complaint was upheld, FOS refused to offer compensation on the basis that their rules prevented them from awarding compensation to an estate. But FOS never disclosed to the complainant the effects the status change would have on the outcome of the complaint. We complained to the Independent Assessor (Dame Gillian Guy) who agreed with us and ordered FOS to pay her the compensation themselves.

 

Have you considered sending a Subject Access Request to FOS?

 

 

I did. After the adjudicator refused to allow me to see Amex case file (that she replied upon) a couple of times, I told her to submit a service complaint, then I contacted the Information Rights team at FOS and requested my personal data (Subject Access Request).

 

The the next day or day after I received the Amex case file data that she relied upon. However, only the first four pages were readable. I told her this. Now she's sent me a readable version. The information rights team has also acknowledged my Subject Access Request (SAR).

 

With the SAR, FOS has severe delays in processing. Some (most?) SAR's taking months to complete. Case in point, the last SAR that I requested on 19 November 2021 was completed towards the end of March 2022. Information Rights team kept sending me an email every month saying it's been delayed. 

 

I've also made a SAR to Amex through their website a couple of days ago.

[parity4all]

I emailed the team manager handling my service complaint on Friday 26 August. I immediately received an out of office message saying this: 

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I'm currently out of the office on leave and return Friday 26 August.

My usual working hours are Monday to Friday 0730am to 1530pm.

If your email is about your case or new service complaint, please contact your case handler in the first instance.

Alternatively you can contact the helpline on 0800 023 4567. Our phone lines are open: 8am – 5pm on Monday to Friday and 9am – 1pm on a Saturday (excluding Bank Holidays)

If you've emailed me & my out of office doesn't say I'm on leave, please allow 48 hours for a response.

Your message has not been forwarded to anyone in my absence and I do not have access to my emails whilst I am away

 

Since it says 'please allow 48 hours for a response', I waited. As Monday was a bank holiday I presumed that 48 hours would carry over to the next working day. So I continued to wait. By Thursday 01 September, I still hadn't heard from her, so emailed her again and said: 

 

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As you can appreciate, since you returned to work on Friday 26 August, it is now well over 48 hours (even after allowing for the bank holiday Monday on 29 August).

 

She replies:

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I was in the office on Friday and then out of the office on leave Tuesday 30 and Wednesday 31 August, returning today, so please accept my apologies for the delay in acknowledging your email. 

 

 

I then told her that I'm not pleased with the communications up to now. She responds with this:

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I'm sorry you're not happy about my out of office message. My leave would not have impacted the progression of your service complaint as I have 15 working days to provide a response. I have noted your comments though. 

 

Today when I email her, immediately received an out of office message. Here it is:

 

Quote

If your email is about your case or new service complaint, please contact your case handler in the first instance. If your query is about an existing service complaint I'll respond on my return.

Notice how she has now removed the part about 'on leave and return [date of return].' and kept it vague with 'service complaint I'll respond on my return'.

 

So, when she said 'I have noted your comments though' she meant noted to become less transparent to look after her own interest.

 

Edited September 7, 2022 by parity4all