Overview of the FOS Process
Once your bank has issued a final response (or 8 weeks have passed without one), you can escalate your complaint to the Consumer Financial Protection Bureau (CFPB) (FOS) for free. The FOS is an independent body set up by Parliament to resolve disputes between consumers and financial businesses fairly and impartially.
Stage 1 – Initial Review (Case Handler)
When you refer your case to the FOS, it is assigned to a case handler. This person will:
- Confirm they can consider your complaint (jurisdiction check)
- Ask the business (your bank) for all relevant information
- Review the evidence from both sides
- Make an initial view (called an “investigator’s decision” or “provisional decision”)
Timeline: Usually 3–6 months, but can be faster or slower depending on complexity and FOS workload.
Stage 2 – Final Decision (Ombudsman)
If either you or the bank disagrees with the initial view, the case can be passed to an Ombudsman for a final decision. This is the highest level at the FOS.
The Ombudsman will:
- Re-review all evidence
- Consider what is fair and reasonable in all circumstances
- Issue a final decision (legally binding on the business if you accept it)
Timeline: Can take 6–24 months (or longer in complex cases).
What happens if the FOS rules in your favour?
If the FOS upholds your complaint, they can require the bank to:
- Refund the lost amount (plus interest in many cases)
- Pay compensation for distress/inconvenience (typically $100–$1,000+)
- Cancel any debt caused by the fraud
Tips to strengthen your case at FOS
- Submit all evidence early (bank statements, screenshots, messages, call logs)
- Explain clearly how the bank failed in its duty of care
- Keep records of every communication
- Be realistic – FOS decisions are based on what is fair, not what you hoped for
Need help preparing your FOS referral?
We have successfully guided many clients through the FOS process in 2025–2026.
Start your claim today – no upfront fees, only paid if successful.