'When is misselling mis-consuming?' blog discussion

kittykitten

I very much doubt he'd get anywhere with the misselling claim - whatever side of the line you stand on (personally I can't understand how he didn't notice, but hey, people are daft about some things, particularly money) I agree with dave2 and Mozette about the fact that because the bank have basically been quite upfront about these charges - it'll be spelled out in black and white on every month's statement - he can't claim misselling after 9 years.

gotthelot

This is a letter that I sent for my wife to Ombudsman.

Dear Sir
I am writing to you for help with a problem that I have become aware of with my bank account that I hold with Barclays.
May I first explain to you that I am a Kenyan lady and until I came to live and work in Bridlington back in March 2002 I had very limited use and knowledge of the English Language and had no reason to use or even go into a bank, I did understand that it was a building with money inside, and that it was a place that only rich people would go into.
I had such a going on when my husband took me to open an account as I had to be resident in the country for a number of months ( Even though I had a passport with my visa enclosed ).
My daughter had been asking me about her opening a bank account of her own, I told her that she could not have an account until she was working as a bank charges £16 a month, She told me that she had been learning about bank accounts at school and bank account where free and a few of her friends already had one.
Whilst I was at work I decided to ask a work mate if she had a bank account and if she was paying £16 a month in account fees? She told me that she had an account but could not understand what my £16 a month was for.
The next day I went down to the bank to find out why I had been paying £16 a month in charges?
The man told me that I must have changed my account at some time to an Additions account so I had certain benefits and that was why I had the charges each month.
I told him that I did not remember changing my account and that I was upset and annoyed about these charges, He told me that he would take my complaint and that I would be contacted by someone about it.
I received the enclosed letters from Barclays and also had a conversation with someone over the phone, I again expressed my disappointment and anger with them and was finally told that if I was still not satisfied with their explanation that I should contact the ombudsman.
I did ask that I would like to see the document that I must have signed when upgrading my account and there answer to this was that they had no evidence that indicates that the account had been upgraded.
They also say that I should read my statements, and of course I do read them but if you do not understand that a bank charge is not the norm then why should I query this?
I am a single mother with 2 children and work hard for my money I send money home for my family and I am saving very hard for a deposit on a house, I feel that I am being taken advantage of by Barclays because of my lack of understanding English and the working of banks.
Written for and on behalf of Mrs R A Brown
Mr Geoffrey Brown.

JimmyTheWig

Geoffrey, I don't understand how your wife can be a single mother?

gotthelot

We no longer live together, :jHowever we are on friendly terms. It's a shame she did not ask me to view her bank statements for her. I honestly believe that there could be lots more that are being stung .

JimmyTheWig

Ok. Glad to hear that you're on friendly terms, especially for the children's sake.

Anyway, it sounds like when the account was first opened the £16 charges weren't being applied. Then at some point they started to be.
Whether your wife understood the banking system or not, checking the statements could have at least shown up this change. At which point she could have asked someone who did understand.

Unfortunately, throughout life you are going to get stung if you don't understand what you are doing. The first time I went into a bookies, the horse I chose did exactly what I said it would (come in the top 3) but I still ended up losing money as I didn't understand how each-way betting worked. It's just one of those things.
You either find out what there is to know before you start something or find out as you go along and accept that at times you'll get it wrong as part of the learning process.

But if Barclays have no record of your wife agreeing to upgrade her account then that should stand in her favour.
I presume that there were benefits to having the upgraded account. Often you'll get free overdraft facilities and travel insurance. Did your wife use these benefits?
E.g. if you can show that your wife took out a seperate travel insurance policy whilst also paying for one through this account that would add weight to the argument that she didn't know about the upgraded account. but, on the other hand, if she's used the benefits of the account that adds weight to the bank's argument.

I would say that the best you could hope for would be getting the last 12 months payments refunded. But no reason not to ask for the whole lot!

I guess the good news is that she could afford this (e.g. still able to send money home whilst saving for a deposit). Other people may not have been so fortunate and these charges could have seen them hit real problems.


let us know how you get on.

bell1961

I recently have been trying to sort out my mothers finances. She has always been very independent but at 86 years old has begun to struggle. I noticed on her Barclays Bank account a charge of £13.With a balance of £1500 I decided to ring up the bank and ask what it was for. They told me it is a monthly payment for an Addititions account. For this sum she get an overdraft of £1000, a legal hotline, will writing service, RAC cover and mobile phone insurance.However as she doesn't drive, never had a mobile phone and has a son who is a solicitor!!I thought this was a case of miss selling so I have complained and asked for reimbursement.I have since found out she has been paying for this for 13 years. Barclays have said the will probably refund the last year but as she should have noticed the payment , is unlikely to get any more. My mother is always worried about the possibility of bank charges and thought this monthly charge was for an overdraft facility.She has been with them for 68years. My argument would be that Barclays didnt sell her the correct type of account and as an elderly lady she wasn't correctly advised and therefore should have more of a refund. The bank are looking into this and could take up to three months. I would stress to every one who have aged parents to help them by looking into the service the are getting from Banks, Insurance and utility companies. Often old people are too proud to ask for help and are paying out for things the don't need.

mo786uk

Think Martin needs some new friends.