When can you go to the FOS?
You can escalate to the FOS in two situations: your bank has issued a ‘final response’ rejecting or partially upholding your claim, or your bank has failed to issue a final response within 8 weeks of your complaint.
You must escalate within 6 months of receiving the bank’s final response. Missing this deadline can mean losing your right to FOS review, so it’s critical to act promptly.
What happens when you submit a complaint
The FOS assigns your case to an investigator who reviews evidence from both you and the bank. They will look at the specific circumstances of your case, the regulations that applied, and whether your bank acted fairly.
The investigator issues a provisional decision (sometimes called an ‘adjudicator’s view’). Either side can respond with further evidence or arguments.
The decision process
If both sides accept the adjudicator’s view, it becomes the final decision. If either side disagrees, the case is referred to an Ombudsman for a binding final decision.
The Ombudsman’s decision is final and legally binding. If they find in your favour, the bank must comply within 28 days of you accepting the decision.
How long does it take?
FOS complaints typically take 6-12 months to resolve, though complex cases can take longer. During this period, you should expect periodic updates. If you have professional representation, your representative handles all correspondence with the FOS on your behalf.
FOS uphold rates for APP fraud
The FOS upholds 44-54% of APP fraud complaints that reach them. For cases covered by the CRM Code, the uphold rate has historically been around two-thirds.
These rates demonstrate that bank rejections are frequently overturned. A well-evidenced complaint with clear regulatory arguments significantly improves your prospects.
FOS charges for professional representatives
The FOS introduced charges for professional representatives who bring more than 10 complaints per year. This cost is factored into the economics of your case. It means that professional representatives need to be selective about which cases to escalate, ensuring only well-evidenced claims with strong prospects are submitted.