Package account reclaim legal advice

PatriotDave22

Steve_xx wrote: »

Yes, a good pointed re the recording of calls.

Verbal agreements are as binding as written. But without written agreement there is a burden of proof. I'm sure that you understand that this burden can be somewhat cumbersome to establish?

Also, to my mind you are likening it to being a type of contract and I'm not sure that you can actually liken it to contract law. In contract law there needs to be several elements present and one of those elements is 'consderation'. For example, you get someone in to paint the ceiling and the cost is £100. So in this contract instance you agree that someone paints the ceiling for you and the consideration is £100. You are effectively exchanging a skill for some money.

In the case of compensation there is no consideration present, so I'm unsure that it would have contract status.

You make a valid point and I hadn't looked at it that way. I may just ring and make a complaint about the person that dealt with me and maybe they'll bump up the refund as a gesture of goodwill. I can't foresee a negative about doing that because they have already admitted they had missold me something so they cannot go back on that.

It's just very disappointing to hear i'll get £1900 to then find out i'll only receive £600.

I'm not sure why the can say I was missold the Premier account though and not the Platinum one. If it wasn't for that and I was missold both then i'd have got the full amount I asked for, but if I was missold one then surely I was the other too? My whole argument in my complaint letter was that in branch I was lied to and missold it through that. I upgraded to Premier online so nobody actually did a sales pitch to me and if anything it would be my error not to read terms and conditions.

The more I think about it I think I should reject the £600 regardless because how can they justify saying I was missold something online where I didn't read the small print but wasn't missold something in branch where I was lied to to influence my decision into switching banks? Doesn't make much sense to me, any advice is greatly appreciated.

Steve_xx

What you need to do here is to try and establish some written detail of the original offer.

In my view the way to go about this is to try and establish some email contact with the person who made the original offer. If you could do that then you could make mention in the emails that would follow that there was an offer made that you would have been happy to accept.

Perhaps the easiest way to cause an email conversation would be to wait until he calls and then say you can't really speak now, but would he email his offer to you. Then once received you are in a position to email back to the effect that you are unhappy that the original offer was withdrawn. Hopefully he responds with the reasons for his mistake and if they are not acceptable then you have written evidence that there was a previous offer. That may put you in a better position than that currently occupied by you!