Reclaiming bank charges on behalf of mother

savingforoz

I am wondering whether I can reclaim bank charges paid on my mother's Lloyds account. After her diagnosis with dementia, I was appointed by the court to look after her financial affairs. I then discovered her bank account had a regular £10 per month fee. As she was an elderly woman who didn't drive or have a mobile, if the fee was for breakdown cover or mobile insurance, then the account wasn't, in my view, right for her. I therefore downgraded her account to stop the fees.

Now I am wondering whether there is a possibility of reclaiming these charges on a mis-selling basis. She has since died and the account has been closed, but from what I've read that might not bar me from claiming on behalf of her estate.

Any thoughts?

dunstonh

The important bit is her status at point of sale. However, the bank may consider her mental state. Although from the court appintment you take on that responsibility and you say you did change the account.

So, what was her mental state at point of sale and did the features apply to her at that point? If you believe that there was a wrong doing then you point it out to them (or the executor of the estate does if its not you).

savingforoz

Thanks, dunstonh, she never drove or owned a mobile, so if the charges covered those items then they seem inappropriate. Hard to say whether there was a degree of dementia when she took on the bank account, given the slow initial stages. I may well contact Lloyds and see what I can find out.

dunstonh

savingforoz wrote: »

Thanks, dunstonh, she never drove or owned a mobile, so if the charges covered those items then they seem inappropriate. Hard to say whether there was a degree of dementia when she took on the bank account, given the slow initial stages. I may well contact Lloyds and see what I can find out.

Remember that its a package deal. Some things in the package wont be applicable. Some may be and should be for it to be classed as suitable. If there is no part of the package that was applicable or very minimum part could be applicable then you have strong grounds for the complaint.

Nasqueron

Just remember to be factual, as Dunstonh said above, you can't say stuff about the point of sale as you weren't there.

Just use a standard complaint and stick to the facts:

She had a bank account that she was paying for but had no use of the packaged benefits:

No car
No mobile (they should be able to confirm no phone was ever registered with them which is often a condition of the insurance - but check that)

If it was the silver account with Lloyds (£9.95 a month) then it also has travel insurance up to the age of 65 - so if she was over 65 when she took it or soon after that would be another point to raise.

They also have a £50 interest and fee-free overdraft and if she had plenty of cash and little outgoings that would also be useless

savingforoz

I'm delighted to say that within three days of sending my letter I received £300 from Lloyds ref my mother's bank account! :beer:

dunstonh

savingforoz wrote: »

I'm delighted to say that within three days of sending my letter I received £300 from Lloyds ref my mother's bank account! :beer:

That would be an auto payout then. Small amount and few days is cheaper to pay up rather than go through the full complaints process. Result either way.

Civrasien

Back in 1991, my wife and I took out a mortgage and a mortgage protection plan. Shortly after I became unemployed and, after 9 months tried to claim under the protection plan. I was told that as I worked offshore, on contract ( i.e. Not permanent employment) I wasn't covered, despite my employment status being explained at length prior to taking out the insurance. The company involved repaid my premiums back to the date I became unemployed.
I cannot remember who the insurance and mortgage was with,though it maybe Abbey National.
If I have a claim, where can I start my search for information?

dunstonh

Civrasien wrote: »

Back in 1991, my wife and I took out a mortgage and a mortgage protection plan. Shortly after I became unemployed and, after 9 months tried to claim under the protection plan. I was told that as I worked offshore, on contract ( i.e. Not permanent employment) I wasn't covered, despite my employment status being explained at length prior to taking out the insurance. The company involved repaid my premiums back to the date I became unemployed.
I cannot remember who the insurance and mortgage was with,though it maybe Abbey National.
If I have a claim, where can I start my search for information?

You cant claim on a policy that no longer exists. However, if you mean complain then you have no complaint as they refunded your premiums. So, a complaint 25 years after the event is well and truly timebarred. (6 years from the start or 3 years from being reasonably aware of an issue). You got the redress back in 91. So, what exactly are you after now?