Guide · Complaints & Disputes

Failure-to-answer analysis

Audit a response against the questions and issues actually raised, rather than accepting a broad narrative as an answer.

A reply is not necessarily an answer

A complaint response can be long, polished and full of background information while still failing to decide the points you actually raised. Failure-to-answer analysis is a way of checking the response issue by issue.

You start with your own complaint, appeal or challenge. For each important question, ask: what did I ask them to decide, where did they answer it, what evidence did they use, and what conclusion did they actually reach? If the response deals with a different question, skips important evidence or simply states a conclusion without explaining it, the issue may still be unresolved.

The basic test

  • Identify the exact issue you raised.
  • Find the exact passage that is supposed to answer it.
  • Check whether the response used the right facts and the right rule or process.
  • Check whether it reached a clear conclusion and explained why.
  • Explain why any gap could have changed the outcome or remedy.

Why this matters

Consumers often receive responses that answer the organisation's preferred version of the complaint rather than the complaint that was actually made. That can happen by accident, because the case has been summarised too narrowly, or because several different legal and regulatory issues have been collapsed into one.

A useful challenge does not simply say, “you ignored me”. It shows the gap. That is much harder to dismiss because the reader can compare the original question with the answer side by side.

Seven common ways a response can fail

1. No answer

The response says nothing about an issue that was clearly within the complaint.

2. Only part of the issue is answered

The response deals with one part but leaves another part unresolved. For example, it explains why a balance existed but not why inaccurate information was reported about it.

3. It answers a different question

The response substitutes a nearby issue. A statement that a Consumer Credit Act default notice was not required does not answer a separate question about advance notice before credit-file reporting.

4. It uses the wrong rule or process

The facts may be described correctly, but the organisation applies a framework that does not govern the issue you raised.

5. Evidence is mentioned but not evaluated

Saying “we reviewed all the evidence” does not explain what the decision-maker made of a document that appears to contradict the conclusion.

6. It gives a conclusion without reasons

“We are satisfied the account was handled correctly” is a conclusion. It is not an explanation of why the disputed conduct was correct.

7. The remedy is disconnected from the findings

A response may accept failings but never explain why the proposed remedy properly deals with their effect.

Build an issue-by-issue answer schedule

Do not start by rewriting the whole complaint. Create a short schedule that allows someone new to the case to see the problem quickly.

Issue or questionWhat you actually asked the organisation or decision-maker to decide.
Where it was answeredPage, paragraph or passage said to deal with it. Write “none identified” if there is no answer.
Your assessmentAnswered, partly answered, not answered, different question answered, wrong rule used, or reasons unclear.
Evidence/rule involvedThe key document, fact, contract term, law, rule, guidance or code relevant to that point.
Why the gap mattersWhat could change if the issue were properly decided: liability, data correction, compensation, a default marker, refund, service outcome or another remedy.

Do not confuse disagreement with failure to answer

You can disagree strongly with a decision that has still answered the question. If the response identifies the issue, considers the relevant evidence, applies the appropriate rule and explains its conclusion, the next challenge is about why that reasoning is wrong, not about absence of an answer.

Precision helps. If four of six issues were answered, say which two were not. A focused schedule is usually stronger than saying the whole response is useless.

What to do at each complaint stage

StageWhat to do if an issue was not answered
Company or organisation responseReply with the numbered issue and ask for a direct answer. Attach only the key evidence needed to understand the gap.
Final response or deadlock letterRecord the unanswered point before escalating. Do not assume the ombudsman or ADR scheme will automatically reconstruct the missing issue from a large complaint file.
Investigator or case-handler viewIdentify the precise finding you dispute, the evidence/rule that was not dealt with, and the outcome you say should be reconsidered.
Ombudsman or final decisionCheck the scheme's actual review/challenge rules. Some schemes allow limited correction or review; others treat the final merits decision as final. A service complaint about delay or staff conduct is usually a different route.
Considering courtDo not assume an ombudsman challenge pauses a court limitation period. Also check what accepting a binding ombudsman decision would mean for later proceedings against the business.

What should you ask for?

Ask for a practical correction, not merely an acknowledgement that the response was poor. Depending on the stage, that might be:

  • a direct determination of the unanswered issue;
  • a corrected chronology or factual finding;
  • fresh consideration using the right law, rule, guidance or scheme provision;
  • an explanation of how conflicting evidence was weighed;
  • a corrected data record or credit-file entry;
  • reconsideration of the remedy once the missing issue has been determined;
  • referral to the next internal or external decision stage.

Keep the challenge proportionate

Not every unanswered sentence matters. Concentrate on omissions that could affect the result. A decision-maker does not normally need to respond to every rhetorical question or repeat every piece of background evidence. The important question is whether the response dealt fairly and clearly with the issues it needed to decide.

If a missing answer affects a deadline, a statutory appeal, an ombudsman acceptance decision or possible court action, treat that separately and check the relevant time limit rather than waiting indefinitely for a better complaint response.

Evidence worth keeping

Your original numbered complaint or issue list
The response or decision you are auditing
A short chronology
The key document for each disputed issue
The rule, term or guidance relied on where relevant
Your answer schedule and any follow-up response