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  • FIRST POST
    • BSW123
    • By BSW123 6th Apr 17, 4:41 PM
    • 3Posts
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    BSW123
    Newbie- Natwest reject Packaged account claim. ADVICE?
    • #1
    • 6th Apr 17, 4:41 PM
    Newbie- Natwest reject Packaged account claim. ADVICE? 6th Apr 17 at 4:41 PM
    Hi, In Feb i made a complaint to Natwest regarding my now closed account packaged fees.
    I received a letter from them yesterday to say the can't agree with my complaint due to them sending Advantage Gold Information Pack in July 2009 and another information pack again in March 2010 that would of detailed the fees's etc. My account was opened as a Advantage Gold account from September 2005 and closed in 2012 but wasn't used from 2010.
    I hadn't received any information packs from them as it seems it was sent to an old address. I went into branch to change the address in early 2009 but they say they have no record of this. I have proof that i wasn't living at that address in the form of Credit Reports showing accounts opened in 2009 at a different address. I've explained and showed this to Natwest and they said they wouldn't look at it again. It was a joint account with my ex husband so stopped using it in 2010 but had a very difficult divorce so didn't even think of this account.
    Id like to know if you think i would be wasting my time going to the ombudsman? Even though i can't prove i went into branch to change the address but i have proof i wasn't living at the address they sent the information packs to. Any advise would be greatly appreciated..
    Last edited by BSW123; 06-04-2017 at 5:45 PM.
Page 1
    • dunstonh
    • By dunstonh 6th Apr 17, 5:40 PM
    • 89,852 Posts
    • 55,452 Thanks
    dunstonh
    • #2
    • 6th Apr 17, 5:40 PM
    • #2
    • 6th Apr 17, 5:40 PM
    The activation of the time bar seems valid and fits with what is expected. Change of address is a pain but probably a red herring as they could use the 2009 pack or the 2010 pack or the 2011 pack or the 2012 pack. All of them can trigger the timebar as they are all more than three years ago.

    I just looked up some FOS decisions to see if I could find anything about the adress and found:
    "it is a legal requirement for consumers to provide an address by which they can be
    contacted if necessary and so Santander used the previous address on Mr B’s file;
    <snip>
    I don’t think it would be reasonable to hold Santander responsible for Mr B being unaware of
    the charges building up on his account. It is the customer’s responsibility to keep an eye on
    his account. Mr B didn’t do this. I therefore don’t agree that the charges should be refunded."

    However, the FOS will sometimes consider things sent to the wrong address as not being sufficient to set the timebar. So, its impossible to say.
    • BSW123
    • By BSW123 17th May 17, 2:22 PM
    • 3 Posts
    • 0 Thanks
    BSW123
    • #3
    • 17th May 17, 2:22 PM
    • #3
    • 17th May 17, 2:22 PM
    Hi, Thanks for your reply. I thought id give an update.
    I contact Natwest and advised them again about the address change and gave them proof i spoke about above and they opened the complaint again. They have accepted my complaint and because if it being so long ago they have issued me with a cheque for the charges and plus the standard 8% put - the 20% for the tax man. I wondered if i can now try and claim bank charges on this account due to me having to pay for this mis-sold packaged account. Any info would be greatly received. Thanks in advanced..
    • Moneyineptitude
    • By Moneyineptitude 17th May 17, 11:00 PM
    • 19,510 Posts
    • 9,605 Thanks
    Moneyineptitude
    • #4
    • 17th May 17, 11:00 PM
    • #4
    • 17th May 17, 11:00 PM
    I wondered if i can now try and claim bank charges on this account due to me having to pay for this mis-sold packaged account.
    Originally posted by BSW123
    The Banks won their court case about Bank charges, so no such refund will be forthcoming I'm afraid.
    • BSW123
    • By BSW123 26th May 17, 5:09 PM
    • 3 Posts
    • 0 Thanks
    BSW123
    • #5
    • 26th May 17, 5:09 PM
    • #5
    • 26th May 17, 5:09 PM
    Just a quick update.. I have claimed bank charges back as a result of them taking the packaged account fees.
    • Moneyineptitude
    • By Moneyineptitude 27th May 17, 12:23 AM
    • 19,510 Posts
    • 9,605 Thanks
    Moneyineptitude
    • #6
    • 27th May 17, 12:23 AM
    • #6
    • 27th May 17, 12:23 AM
    You've "claimed"or actually been refunded?
    • chris & pete
    • By chris & pete 30th May 17, 10:07 PM
    • 8 Posts
    • 2 Thanks
    chris & pete
    • #7
    • 30th May 17, 10:07 PM
    natwest rejected packged account
    • #7
    • 30th May 17, 10:07 PM
    I put in a claim for our packaged bank account on 28/04/2017 about an account we opened 09/10/2006 Natwest say they do not up hold the claim because they sent us review letters 29/07/2009 and again 31/03/2010 and that we needed to complain with in the first 6 years of opening the account or with in 3 years
    should I take this to the ombudsman or just forget the complaint altogether any advice gratefully received thank you
    • dunstonh
    • By dunstonh 30th May 17, 10:50 PM
    • 89,852 Posts
    • 55,452 Thanks
    dunstonh
    • #8
    • 30th May 17, 10:50 PM
    • #8
    • 30th May 17, 10:50 PM
    should I take this to the ombudsman or just forget the complaint altogether any advice gratefully received thank you
    The ombudsman will not even look at your complaint with a valid timebar in place. That timebar seems valid and matches expectation with Natwest.
    • chris & pete
    • By chris & pete 31st May 17, 5:44 PM
    • 8 Posts
    • 2 Thanks
    chris & pete
    • #9
    • 31st May 17, 5:44 PM
    • #9
    • 31st May 17, 5:44 PM
    i may seem a bit dense but I do not understand the time bar thing we never even know there was a time bar or even what one is.
    • societys child
    • By societys child 1st Jun 17, 10:15 AM
    • 4,659 Posts
    • 5,029 Thanks
    societys child
    they sent us review letters 29/07/2009 and again 31/03/2010 and that we needed to complain with in the first 6 years of opening the account or with in 3 years
    The bold bit above is the time bar.

    i may seem a bit dense but I do not understand the time bar thing we never even know there was a time bar or even what one is.

    • dunstonh
    • By dunstonh 1st Jun 17, 10:47 AM
    • 89,852 Posts
    • 55,452 Thanks
    dunstonh
    Timebars exist in law. It is to prevent opportunistic complaints/cases being brought many years after the event where the defendant may not have the evidence available to protect themselves.

    People who know there is something wrong, generally complain within a relatively short period.

    There is absolutely nothing wrong with packaged bank accounts. Neither the FOS or the FCA have any issues with the concept. Where a minority of people have an issue is how it was sold. Some were sold poorly but the banks identified this quite quickly and introduced annual benefit statements which met sufficient regulatory standards. These include making you aware of the benefits, costs and that it was optional and you could switch to alternative accounts.

    These allow the time bar trigger to be started because:
    a) if you get a benefit statement and are told the account is optional and you could move to an alternative and you feel that you were misinformed at point of sale, you would complain then.
    b)if you get a benefit statement and feel the benefits are not worth it and you now know that you could have been on an alternative, you could complain then.
    c) these make you are aware of alternatives, costs and benefits in writing. A strong evidence-based document telling you what you need to know.

    The time bar stops people hedging their bets and waiting years or decades.
    Last edited by dunstonh; 01-06-2017 at 11:41 AM.
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