A Critical Moment.
After weeks or months of waiting, a message from the Financial Ombudsman Service (FOS) lands in your inbox. It’s the investigator’s view on your case. Receiving this email is a significant step, but you need a clear head about what it is and what it isn't. It is not the final, binding decision.
Think of the investigator's view as a detailed assessment of what they think a fair outcome would be based on the evidence they've seen. Inside, they'll explain their thinking and probably suggest a deal to settle the matter. How you react to this initial view is one of the most important strategic decisions you will make.
Dissecting the Decision.
Before you do anything else, you need to read the investigator's view slowly and carefully. Your job is to get inside their head and understand exactly how they arrived at their conclusion.
Did they grasp all the key facts? Did they give your evidence the weight it deserved?
You have to be ruthless in your analysis. Have they bungled a technical point or just ignored a crucial message?
Remember, investigators are only human and they can get things wrong; your job is to hunt down every flaw in their reasoning.
Your Next Move
Once you've analysed their reasoning, you have a straightforward choice: agree or disagree. If the investigator has found in your favour and the settlement they're proposing feels right, you can accept it.
If the firm agrees too, the case is settled, and you can finally put the matter behind you. This is usually the fastest way to wrap things up.
But what's the plan if the view is disappointing, or the settlement on the table is nowhere near enough? You are under no obligation to accept it.
You have an absolute right to reject the investigator's opinion and push for a better outcome. This is not the end of the road; it simply moves your case to the next level.
Fighting Back
If you decide to challenge the view, you can't just say you don't like it. You need to write a clear, logical response that explains exactly why you believe the investigator has got it wrong.
This is your chance to hammer home your strongest arguments and attack the weaknesses in their assessment.
Your challenge must be built on evidence. If they've ignored a document, point them back to it. If you have fresh evidence that bolsters your position, now is the time to deploy it.
The goal is to give them such compelling reasons to reconsider that they change their mind, or to build an undeniable case for the person who will review it next.
The Final Say
If you can't reach an agreement with the investigator, you can demand that your case is passed up to an ombudsman for a final decision.
The case will be reviewed from scratch by an ombudsman, who is a more senior and experienced figure. They will consider the investigator's view and all your arguments against it.
This is the last stage of the FOS process. An ombudsman's decision is binding on the company if you choose to accept it.
While you can still reject it and take your fight to court, for most people, this represents the final word. Professional support during this stage can be crucial in crafting the arguments that secure that final, winning decision.
Here at Meridian Legal Services, we have over a decade of experience handling thousands of claims made through the Financial Ombudsman Service. Professional help from us could make a huge difference in obtaining a successful claim. Contact us today to arrange an evaluation of your case.
