Ombudsan didn't uphold - further letter?

hairbrain05

Hi all,

I've been trying to reclaim charges from a joint account i had with my partner since early 2008. My partner died in 2005, tragically of suicide, with the financial mess he’d got himself into being a big part. We had a joint personal account and I am executor of his estate (debts) as mother of our only son. I got the usual run around from RBS for over a yr, claiming they’d never seen the death certificate etc etc so i had to resend and so on. Eventually they said i wasn’t a hardship case & I referred the case the the Financial Ombudsman and unfortunately they agreed with RBS. :mad:

However I am DETERMINED to get something back for my son’s future. Do you think it’s worth a letter reminding them that them about the case for when any decision has been made with the court case?

My late partner had business accounts also but i’ve not even started on them....

Thanks for any advice..

Axx

natweststaffmember

hairbrain05 wrote: »

Hi all,

I've been trying to reclaim charges from a joint account i had with my partner since early 2008. My partner died in 2005, tragically of suicide, with the financial mess he’d got himself into being a big part. We had a joint personal account and I am executor of his estate (debts) as mother of our only son. I got the usual run around from RBS for over a yr, claiming they’d never seen the death certificate etc etc so i had to resend and so on. Eventually they said i wasn’t a hardship case & I referred the case the the Financial Ombudsman and unfortunately they agreed with RBS. :mad:
My sympathies go out to you and your son and any death is tragic regardless of the circumstance. I have to say you have me asking more questions because I am intrigued by the fact that the bank have asked to see the death certificate. Was that not already provided within a reaonable period after he passed away?

However I am DETERMINED to get something back for my son’s future. Do you think it’s worth a letter reminding them that them about the case for when any decision has been made with the court case?
The bank will have stored your complaint so that they will have to payout on the conclusion of the OFT test case.
My late partner had business accounts also but i’ve not even started on them....

Thanks for any advice..

Axx

I have to ask the questions as I do with everyone with regards to financial hardship.
Do you have priority debt arrears(mortgage/rent, council tax, utilities)?
Are any of the arrears being paid off?

hairbrain05

Yes - I was surprised also - the certificate was most certainly sent a few wks following his death. Unfortunately given the circumstances i didn't record the letter. So i had to send it yet again.

I was never overly hopeful that the claim would be successful. By the time i got to the FOS stage I was managing to keep my head above water. We owned a house together - which (another story) he'd manage tie debts too & I had to sell it to start all over again, but it meant the debts were paid off. I guess because i fought & struggled to turn things round i'm no longer classed as hardship!

rosa77

Just for your info the FOS turned down my hardship appeal, and I complained to them about it. This morning I've received a letter from an adjudicator stating that all my charges will be paid - simply sign the settlement form and return, total offered was even slightly more than I'd claimed - total of £3284, so don't give up!

hairbrain05

Rosa - that is very interesting. Did you simply write a letter of complaint? I think you get a certain date to appeal do you not - i think my time will have elapsed...

natweststaffmember

hairbrain05 wrote: »

Rosa - that is very interesting. Did you simply write a letter of complaint? I think you get a certain date to appeal do you not - i think my time will have elapsed...

The FOS usually give you 14 days from the date of the decision.

hairbrain05

thanks - i've definitely missed the 14 days as i thought it was hopeless...

natweststaffmember

hairbrain05 wrote: »

thanks - i've definitely missed the 14 days as i thought it was hopeless...

I would ask them for the information that the bank sent specifically the Financial Hardship closure letter because you have never received one. If it is more than 14 days could be worth the old postal strike argument could come into play and then you could ask for additional time to consider the evidence(just a thought, mind).

hairbrain05

Defo worth a try. I believe that part of the reasoning was that my late partner left his account overdrawn and the bank eventually wrote it off as he left no assets (we were seperated at the time of death and I was no longer on the account - it was solely his name) - so not sure how far it'd go....

natweststaffmember

hairbrain05 wrote: »

Defo worth a try. I believe that part of the reasoning was that my late partner left his account overdrawn and the bank eventually wrote it off as he left no assets (we were seperated at the time of death and I was no longer on the account - it was solely his name) - so not sure how far it'd go....

I think you should ask for it because at least it means you will know for certain their reasoning.

hairbrain05

Many thanks for you help - i will certainly try & update here with any progress