Packaged Account Court Action

I could really do with some help/advice regarding my additions account claim;


I was offered the Barclays Additions account when I went to Barclays Bank asking for an overdraft in April 2001, the reason was because I had been paid twice by my employer in one month by accident and being young and irresponsible had spent it and needed money to get me to my next payment.


I wanted an overdraft to facilitate this, but was told the only way I could get this overdraft was to take out a packaged account, I did want the insurances but needed the money so accepted the account.
I wasn’t eligible for most of the insurances included, I didn’t own or hold a driving licence, and I didn’t use any of the other insurances included in the packaged account.


I have put my case to the financial ombudsman after not even getting a reply from Barclays (From several letters) they have sided with Barclays for the following reasons:


Financial Ombudsman;
From the information we’ve send, the Barclays Additions account was sold to you in April 2001 which is more than six years before you first made your complaint.


I also need to consider whether you were aware or ought to have been aware of cause for complaint more than three years prior to the complaint being made.


I appreciate that you told me that you knew five years after taking out the Barclays Additions account that you believed you had been mis-sold and that you were aware that there were other options available. You told me that you believed you had no choice but to stay with the package as you were still in debt with them.


In January 2009 you made a complaint to Barclays Bank Plc about overdraft fees. Because of this, I believe it is reasonable to suggest that as you may have been mis-sold the Barclays Additions account at that point, I believe there was an opportunity to complain about your packaged account- therefore, this means that your complaint also falls outside the three-year time limit.


The rules do not allow this service to consider a complaint made outside the time limits if the delay in complaining was as a result of exceptional circumstances. Matters such as extended serious ill health, which prevented you from brining the complaint to this service, might be considered an exceptional circumstance. No such circumstance has advised to us however.


I feel like I was put on the spot by the financial ombudsman, I have only really became aware of this via the work of money saving expert and their coverage in the last year or so, I successfully claimed my PPI from this account so decide to push forward with the packaged account claim.


Barclays have denied that I was mis-sold just take its over 6 years old and that I should of reported it in 2009.



I have now proceeded via court (Money claim) and have issued papers, Barclays have appointed a solicitor (TLT) and the have sent me an Acknowledgement of service and stated they intend to defend the claim in full.


My main questions;


· Do I have a case, or should I think about dropping it? I know I was mis-sold (aggressively) I didn’t want the insurances but they knew my circumstances and took advantage of me.


· Will the rules the financial ombudsman have stated on time frames and what when I ought to reasonable known and made a complaint now apply if it makes it to court, as these time frames don’t alter the fact that they mis-sold the product?

· Is the simple fact that I had this packaged account pushed on me with useless insurance enough to proceed with this? What other proof or evidence should I try and get?

· One last one about court action, if I lose will I be liable for Barclays costs?

Sorry about the length of this post, I have done some searching online and haven’t really found anything about people in similar positions and could really do with some advice.