PBA Claim upheld but dispute on consequential losses

malaka1980

All I hope you can offer your assistance with this.

I recently had my complaint for a missold packaged bank account upheld and was awarded the refund of these costs plus the 8% statutory interest accordingly.

The second part to my complaint that was sent to the fos was regarding the bank charges that I am seeking reimbursement for that would have been avoided if the refund of the pba fees had restated my balances in those periods eg

I pay £10 for 6 months in pba fees so £60

I'm month 7 I went £10 over overdraft and incurred £25 charge

Had I not incurred the £60 charges to date I would not have incurred that £25 charge therefore I want that back.

Cumulatively I have now spent £85 in avoidable charges (and overdraft fees) and so on

As time goes by I have fully supported how at least £3500 of my £4500 fees over a 15 year period would have been avoided.

Now the complaint has been with an adjudicator who has just turned down my claim, they have said that looking at how I run my account ie always overdrawn it was inevitable that I would have incurred the charges regardless of whether the pba had been missold.

What they are failing to do is look at the cumulative effect these charges have had and only looking at an individual month in isolation.

I have £5k overdraft and have proved on a spreadsheet £5.1k of charges were avoidable.

Now you could say how can you prove the £10 caused that and not other spend but the only logic I'm applying is if I put that £10 fee back in to each statement and recalculate the charges I would be approx £5k better off. The key point is the other spend on the account was not made in error but these charges were.

I just want to be put back to situation I would have been in had they not missold the product.

I've just rejected the adjudicators decision as they totally missed my point in looking at the cumulative effect of these fees and charges and am drafting my response accordingly to be referred to an ombudsman

Does anyone else have experience of this as it clearly effects everyone that has made a ppi or pba claim

Regards

John

-taff

Logically, your 10 a month would not have made you incure charges unless you consistently spent more than 10 a month to go overdrawn. Cumulatively, it may ave made a difference as you say but they will be looking at it as I explained above.
I don't hold out much, if any hope for you, but you may be lucky with an ombudsman.