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Should i accept Barclays offer or continue with FOS complaint
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laneycakes
Posts: 116 Forumite
Hi All
I just need a bit of advice. I'm in the process of a very long term complaint over an accidental death insurance policy that I was "sold" back in 1999.
I'll try and summarise - back in 1999 whilst still a teenager a cold caller who said they were ringing from Barclays contacted me at home. They said that I'd been chosen for a three month free trial of a policy and that I'd be given the option of cancel or continue after the three months. They were very pushy and to get them off the phone I agreed - the only details they took from me was my place of birth (something that the company themselves have since confirmed in writing). I thought nothing more of it, received no paperwork and hence I forgot about it. However some time later a monthly charge of £5.95 started being taken from my account noted as Barclays Ad Cvr - it didn't flag as anything wrong for quite some time as I just assumed stupidly it was just an account fee - but eventually realised it was this rogue accidental death policy. I had no clue how they managed to set up the CPA but they did. I never received any documents so I asked my bank to cancel it - they told me it was nothing to do with them and I'd have to cancel it with the originator - who I was under the impression was Barclays - but they said it wasn't and could give me no more detail. I tried on and off over the years via phone/branch to no avail until finally in 2010 when sorting my finances to buy a house I finally got a nice helpful lady in branch who did some digging and found out the policy was actually with a company called Stonebridge. I immediately cancelled the policy.
Key points for me are that despite the fact that Stonebridge say they send the documents I never received them (much like the first time I complained about this to the FOS - royal mail "misplaced it" apparently its still being progressed through the delivery network!) and at no point did I receive any other paperwork which told me who the policy was with. the only thing I had was statements which said Barclays for at least the first 6 years. If you ordered an ipad and when you received it it wasn't and ipad - you'd feel mislead - I was told this was a Barclays product - but it never was. Secondly that Stonebridge have told me outright in writing that Barclays would've supplied them with my debit card details which allowed them to set up the CPA - the only detail they needed to do this was my place of birth...IE I never gave them my debit card details. That really concerns me.
Sadly I have no records of when or who I spoke to at Barclays to try and cancel the payment over the years - and wasn't savvy/persistant enough over the years to cancel it sooner.
The ombudsmen adjudicator has looked at my complaint against Stonebridge and has thrown it out saying he could find no fault on their behalf. So now I'm complaining about Barclays as I truly believe this practice was just wrong. I spoke to the new adjudicator last week and was rather shocked at his tone. It came across very much that he felt I was a timewaster and that as this was so long ago I should've done something sooner and that due to the time elapsed it would be impossible to investigate. Now I've received a letter from the FOS saying they've requested details from Barclays but that Barclays are willing to offer me a payment as a final response - of £50 - which would see the end of the FOS investigation. The adjudicator says in the letter "it should be noted that I do not currently know wether the information that I have requested will now in any event be available" and "you may wish to bear in mind because of the time that has elapsed since the policy was originally sold and later cancelled it is entirely possible that further information about how the CPA was established may no longer be available"
Which suggests to me that the decision has already been made. The thing is for me this is more about principle than the money so I'm minded to refuse the payment and say no, please investigate...but from the conversation I had with the FOS adjudicator I think its VERY unlikely it'll go in my favour.
Thoughts? Comments? Should I just let this particular bone go and take the £50 - or stick to my principled guns and say no - investigate em!
Thanks for any suggestions in advance.
I just need a bit of advice. I'm in the process of a very long term complaint over an accidental death insurance policy that I was "sold" back in 1999.
I'll try and summarise - back in 1999 whilst still a teenager a cold caller who said they were ringing from Barclays contacted me at home. They said that I'd been chosen for a three month free trial of a policy and that I'd be given the option of cancel or continue after the three months. They were very pushy and to get them off the phone I agreed - the only details they took from me was my place of birth (something that the company themselves have since confirmed in writing). I thought nothing more of it, received no paperwork and hence I forgot about it. However some time later a monthly charge of £5.95 started being taken from my account noted as Barclays Ad Cvr - it didn't flag as anything wrong for quite some time as I just assumed stupidly it was just an account fee - but eventually realised it was this rogue accidental death policy. I had no clue how they managed to set up the CPA but they did. I never received any documents so I asked my bank to cancel it - they told me it was nothing to do with them and I'd have to cancel it with the originator - who I was under the impression was Barclays - but they said it wasn't and could give me no more detail. I tried on and off over the years via phone/branch to no avail until finally in 2010 when sorting my finances to buy a house I finally got a nice helpful lady in branch who did some digging and found out the policy was actually with a company called Stonebridge. I immediately cancelled the policy.
Key points for me are that despite the fact that Stonebridge say they send the documents I never received them (much like the first time I complained about this to the FOS - royal mail "misplaced it" apparently its still being progressed through the delivery network!) and at no point did I receive any other paperwork which told me who the policy was with. the only thing I had was statements which said Barclays for at least the first 6 years. If you ordered an ipad and when you received it it wasn't and ipad - you'd feel mislead - I was told this was a Barclays product - but it never was. Secondly that Stonebridge have told me outright in writing that Barclays would've supplied them with my debit card details which allowed them to set up the CPA - the only detail they needed to do this was my place of birth...IE I never gave them my debit card details. That really concerns me.
Sadly I have no records of when or who I spoke to at Barclays to try and cancel the payment over the years - and wasn't savvy/persistant enough over the years to cancel it sooner.
The ombudsmen adjudicator has looked at my complaint against Stonebridge and has thrown it out saying he could find no fault on their behalf. So now I'm complaining about Barclays as I truly believe this practice was just wrong. I spoke to the new adjudicator last week and was rather shocked at his tone. It came across very much that he felt I was a timewaster and that as this was so long ago I should've done something sooner and that due to the time elapsed it would be impossible to investigate. Now I've received a letter from the FOS saying they've requested details from Barclays but that Barclays are willing to offer me a payment as a final response - of £50 - which would see the end of the FOS investigation. The adjudicator says in the letter "it should be noted that I do not currently know wether the information that I have requested will now in any event be available" and "you may wish to bear in mind because of the time that has elapsed since the policy was originally sold and later cancelled it is entirely possible that further information about how the CPA was established may no longer be available"
Which suggests to me that the decision has already been made. The thing is for me this is more about principle than the money so I'm minded to refuse the payment and say no, please investigate...but from the conversation I had with the FOS adjudicator I think its VERY unlikely it'll go in my favour.
Thoughts? Comments? Should I just let this particular bone go and take the £50 - or stick to my principled guns and say no - investigate em!
Thanks for any suggestions in advance.
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Comments
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If you had any hard evidence that any of what you allege actually took place, then I'd say continue with your "complaint". As it is, it just sounds like Barclays is offering the £50 to be shut of you rather than pay the FOS fee regardless of the outcome.
It's really up to you what you decide to do, but I can't see you having any success.0 -
The only hard evidence I have is a letter from Stonebridge saying that Barclays gave them my debit card details, and my statements which list it as Barclays ad.
Not much I know. Lesson has been well and truly learnt! I'm a lot more pushy and persistant these days!0 -
You can accept the £50 or you can ask them to be investigated and receive nothing.
You also have to accept that this is your fault. You left an agreement up and running for 11 years that you didn't bother properly investigating or closing down.
£50 is a result to be honest, from what you've written it's the most you'll receive.
Barclays have offered it to you because the FCA have increased their admin fee to £5000 per claim due to them passing complaints off to the FCA instead of dealing with them properly.We’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com0 -
Do you have a link to this? That seems an awful lot of money per claim!DaveTheMus wrote: »Barclays have offered it to you because the FCA have increased their admin fee to £5000 per claim due to them passing complaints off to the FCA instead of dealing with them properly.
Also, don't you mean FOS rather than FCA.0 -
Barclays have offered it to you because the FCA have increased their admin fee to £5000 per claim due to them passing complaints off to the FCA instead of dealing with them properly.
I havent seen anything in the financial press about the FOS increasing case fees to Barclays. I am not even sure they are allowed to do that as the amounts set by case count are not firm specific. Can you point to some reference for that please.I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.0 -
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Adjudicators and ombudsman have no obligation to look at laws, rules etc or take facts into account. In most cases at the FOS the decision is made first and the reason for it fabricated afterwards.
I doubt staff at the FOS get time to read all of the case evidence from either side.
If you've had an adjudicator working on your case, your entitled to the case file supplied by the bank so ask for it.
The way your case is going, its likely you'll get more money out of the FOS rather than Barclays for bad service, attitude and sluggish responses through a service complaint - http://www.fos.org.uk/publications/factsheets/complaints-about-our-service.pdf
Once the adjudicator has given a view, the outcome in the ombudsman’s final decision is unlikely to change.
Or, he/she could do a snapper and say you get nowt but any offers in my experience never get withdrawn and are even enforceable in court.0 -
I'll try and find a link, I'm sure it was Barclays and Wonga who were told that the charge will be increased because they just palm off complaints to the FCA on a massive scale.We’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com0
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There is no way for financial institutions to refer complaints to the FCA. They can certainly suggest customers refer their complaints to FOS, however.DaveTheMus wrote: »they just palm off complaints to the FCA
You appear very confused.
Barclays aren't paying anywhere near £5000 per FOS referral.0 -
Moneyineptitude wrote: »There is no way for financial institutions to refer complaints to the FCA. They can certainly suggest customers refer their complaints to FOS, however.
You appear very confused.
Barclays aren't paying anywhere near £5000 per FOS referral.
dear, dear......
By palm complaints off I mean they refuse to deal with it properly and the complainant is forced to escalate the complaint.
I'm certain it was Barclays and a payday lender, sadly the article eludes me.We’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com0
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