I've been refused by barclays bank for packaged account reclaim

burnley_pingu · 2 October 2017 at 4:48PM

Hi,

I'm new to this forum so would appreciate any info on how I can handle the reclaim i'm currently trying to do with Barclays bank.

The rejection letter is as shown below:

I am unable to investigate your complaint

Thank you for your telephone call on 21st August 2017 about your packaged bank account. I am sorry that you feel you have cause to complain about your packaged bank account.

I have looked carefully at the complaint points you have raised and the dates that you upgraded and changed your account to a non-fee paying one. In your case, this information suggests that you became, or reasonably ought to have become, aware that you had cause for complaint outside of the time limits allowed. This means that your complaint is out of time (time barred).

About my decision

Barclays is regulated by the FCA. FCA guidelines state that customers need to raise their concerns to us in a timely manner and that we have the right to dismiss a complaint without investigating fully the details of the complaint if it is not raised before:

- six years have passed from the date on which the cause of action occured (in this case when you upgraded to the packaged bank account) and, if later,
- three years have passed form the date on which the customer became, or reasonably ought to have become, aware they had cause for complaint

After reviewing your account, I can see that you upgraded to a packaged bank account and that you paid your first fee on 3 August 2009. This was over six years ago I have then assessed if the compliant was raised more than three years later after you ought reasonably to have been aware that you had cause to complain.

Our records show you changed your account to a non-fee paying one in Jan 2014. Having reviewed your complaint I am satisified that the complaint points you raised would have been concerns you had when you took this action (if not before).

As this was more than three years ago you are outside the time period where we are required to fully investigate your complaint. For your complaint to be in time you would have needed to complain no later than 1 Feb 2017. For these reasons I am unable to investigate your complaint further.

There is then a part of the letter that refers to the FOS service and how to contact them but they mention the fact again about the below facts:

- what you're complaining about happened more than six years ago, and
- you're complaining more than three years after you realised (or should have realised) that there was a problem

Any help would be appreciated on how I can progress with my complaint....

Thanks

burnley_pingu · 2 October 2017 at 4:51PM

Forgot to add

Had the account since 1996
Did not own a car so no need for car insurance
Did not use the holiday insurance

Also, the original phone call in Aug 2017 was to request infomation regarding the account (Start date, End Date etc) and i wanted to request paper statements but the operator kept asking "why do you need this info" and I insisted I just want to request the statements but he then said "are you wanting to make a claim" which I then said yes.

The letter states on points raised but I didn't raise any on the one and only phone call so how can I then refer to points made????

Package was deactivated as I went to another bank

Trying to claim for 3rd August 2009 to 1st January 2014 = 53 months

DCFC79 · 2 October 2017 at 4:59PM

Find out if there is a cut off date for claims from 2009.

burnley_pingu · 2 October 2017 at 5:09PM

DCFC79 wrote: »

Find out if there is a cut off date for claims from 2009.

through barclays ?

burnley_pingu · 2 October 2017 at 5:16PM

unlockthelaw.co.uk/reclaim-packaged-bank-account.html

Section below from that website:

How far back can I claim?
There is no limit to how far back you can claim, however the further back you go the more difficult it is to prove. Claims are easiest when the account has been active in the last six years. However, don’t let this put you off, it is still possible to make a claim and an expert claims handler can carry out the extra work on your behalf. Here are some guidelines for different circumstances:

• Accounts started in the last six years: There should be no issue here with making a claim even if the account is now closed.
• Older accounts that are still active, or ended within the last six years: You make a claim. The six-year rule applies to ‘active accounts’. If an account was opened eight years ago but was then closed four years ago, it was still active within the key six-year period.
• If your policy ended over six years ago: The issue is that banks do not need to keep records that are over six years old. However, there is no official cut-off time, so if you've still have the paperwork, making a claim may still be possible.

dunstonh · 2 October 2017 at 5:25PM

The time bar seems valid and fair in this case.

Both the 6 year and the 3 year rule need to be met. The 6 year rule is the easy one as it was bought over 6 years ago.The 6 year rule only applies to purchase date. Not ending date.

Onto the 3 year rule, you changed your account from a packaged account over 3 years ago. So, it meets the 3 year rule as well.

As both the 3 year and 6 year rules are met, they can timebar this.

Any help would be appreciated on how I can progress with my complaint....

You cant. its game over. They are correctly applying the timebar.

burnley_pingu · 2 October 2017 at 5:40PM

dunstonh wrote: »

The time bar seems valid and fair in this case.

Both the 6 year and the 3 year rule need to be met. The 6 year rule is the easy one as it was bought over 6 years ago.The 6 year rule only applies to purchase date. Not ending date.

Onto the 3 year rule, you changed your account from a packaged account over 3 years ago. So, it meets the 3 year rule as well.

As both the 3 year and 6 year rules are met, they can timebar this.

You cant. its game over. They are correctly applying the timebar.

About my decision

Barclays is regulated by the FCA. FCA guidelines state that customers need to raise their concerns to us in a timely manner and that we have the right to dismiss a complaint without investigating fully the details of the complaint if it is not raised before:

- six years have passed from the date on which the cause of action occured (in this case when you upgraded to the packaged bank account) and, if later,
- three years have passed form the date on which the customer became, or reasonably ought to have become, aware they had cause for complaint

....there must be a way that I can contest this on the fact that I was still mis-sold products I didn't need ?

dunstonh · 2 October 2017 at 5:50PM

....there must be a way that I can contest this on the fact that I was still mis-sold products I didn't need ?

No. Timebars exist in law in all walks of life. The timebar appears completely valid and consistent with accepted conditions.

If you were missold, why did you not complain within a reasonable period of closing the account? Most people unhappy about something will complain relatively quickly.

burnley_pingu · 2 October 2017 at 6:40PM

Thanks to everyone for the responses.

Has anyone had any luck overturning the time-bar on the claim they made?

dunstonh · 2 October 2017 at 7:35PM

Has anyone had any luck overturning the time-bar on the claim they made?

Yes. Timebars have been overruled in the past. Usually where a firm is basically trying it on with something that is not recognised as being suitable to start the clock ticking.

However, in your case, you have closure of the account. That is a valid reason.

It is also worth noting that whilst this site treats PBAs as if it is the new PPI, the FOS themselves have absolutely no issue with PBAs as a product and their uphold rate is just 1 in 10.

burnley_pingu · 2 October 2017 at 8:23PM

dunstonh wrote: »

However, in your case, you have closure of the account. That is a valid reason.

The actual account is still open and has been since 1996 (21 yrs) its just that the package has been removed due to the fee and the services not being suitable (mis-sold).

I've been refused by barclays bank for packaged account reclaim

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