Practical

How an Ombudsman complaint actually works

Most borrowers stop at submitting the complaint. The investigator's view and any request for an Ombudsman decision are important stages that borrowers often misunderstand.

Two things to check before you start

Time limits: normally six months from the final response. Jurisdiction: many buy-to-let mortgages are unregulated, which affects what the Ombudsman can consider. The published decisions in this archive show how that line has been drawn in practice.

1. Complain to the business

The business generally has eight weeks to issue a final response. Put your complaint in numbered issues and say what outcome you want. If eight weeks pass with no final response, you can refer the complaint anyway.

2. Refer to the Financial Ombudsman Service

Normally within six months of the final response. The referral is where the work should go: the chronology, the numbered issues, the evidence index and the quantified outcome sought.

3. The investigator's view

A case handler — an investigator — reviews the file and gives a view. This is not a decision. It is the first point at which you learn what was actually considered, and what was not.

4. Responding to the view

If you disagree, respond with an 'issues not answered' table rather than a longer version of the original complaint. Identify the evidence relied on, the evidence missing, the rules not addressed, and the difference between contractual entitlement and fair treatment.

5. The Ombudsman's final decision

If either side disagrees with the view, an Ombudsman decides. The decision is final. If you accept it, it binds the business; accepting it normally prevents pursuing the same complaint in court.

Investigator or Ombudsman: the difference matters

Investigator

Reviews the file and gives a view.
Not binding on either side.
Can change the view if new evidence or an unanswered issue is put forward.
Deadlines to respond are short and stated in the letter.

Ombudsman

Considers the case afresh and issues a final decision with reasons.
Applies what is fair and reasonable in all the circumstances (DISP 3.6.1).
Binding on the business if you accept it within the stated period.
Not a court: it does not determine title and does not create precedent.

The three playbooks

Making the initial complaint, and referring it to the Ombudsman — Complain to the business first, then refer.
Responding to an investigator's view — The investigator's view is not the end. It is the point at which you find out what was actually considered, and what was not.
Asking for a final Ombudsman decision — If you disagree with the investigator's view, you can still escalate to an Ombudsman for adjudication.