Co-operative Bank — Financial Ombudsman Complaint
The Financial Ombudsman Service can order a marker to be removed if it was unfairly or inaccurately placed. We prepare your FOS referral with a full evidence pack and structured arguments.
FOS cases typically take 3-6 months. You can refer after 8 weeks or once you have a final response
What this stage means
The Financial Ombudsman is an independent body that can order Co-operative Bank to remove the marker and pay compensation. The FOS applies a 'fair and reasonable' test — asking whether Co-operative Bank's decision to file the marker was fair in all the circumstances. Their decisions are binding on Co-operative Bank.
When you reach this stage
You can refer to the FOS once Co-operative Bank has issued a final response that you disagree with, or if 8 weeks have passed since your complaint without a final response. You do not need Co-operative Bank's permission to escalate.
What they will assess
- Whether Co-operative Bank had sufficient evidence to justify the marker
- Whether the decision to file was fair and reasonable in all circumstances
- Whether Co-operative Bank followed proper complaint handling procedures
- Whether vulnerability or mitigating factors should have been considered
- Whether the marker is proportionate to the conduct alleged
- Whether Co-operative Bank's investigation was adequate
What strengthens your case
- A well-structured case summary that addresses the FOS's assessment criteria
- Evidence organised clearly for the adjudicator to review
- Specific arguments about why the marker is unfair or inaccurate
- Reference to similar FOS decisions where markers were overturned
- Co-operative Bank's inadequate response to your complaint (or failure to respond)
- Data protection arguments that supplement the fairness test
What we provide at this stage
- Complete FOS complaint form preparation
- Structured case summary with legal and factual arguments
- Full evidence pack organised for the adjudicator
- Help responding to FOS questions throughout the process
What you need for this stage
- The issuer's final response letter (or proof 8 weeks have passed)
- All correspondence exchanged so far
- Any new evidence gathered since the initial complaint
Common outcomes at this stage
Upheld — the FOS orders Co-operative Bank to remove the marker (28% of cases overall)
Upheld with compensation — marker removed plus payment for distress and loss
Not upheld — the FOS agrees with Co-operative Bank's decision (this does not prevent court action)
Co-operative Bank settles before the FOS makes a decision — common when dual escalation is active
What happens next
If the FOS upholds your complaint, Co-operative Bank must remove the marker and pay any compensation ordered. If the FOS does not uphold, the court route remains available — and many cases that fail at the FOS succeed at court because the court applies actual law (UK GDPR), not just 'fair and reasonable'.