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partial success in claim but not full refund

Hi there I have very easily got some refund from lloyds on my package account fees based on them being mis sold. I have just phoned to find out the breakdown of the refund and been told that instead of full refund they felt that a different level of account would have been more appropriate and so have refunded the difference. On one of the accounts I made an enquiry about one of the benefits which was travel insurance so they think I must have known about the benefits. I am not denying that but I was still told I needed that account to get the overdraft. Is it worth me fighting this with the ombudsman. For clarification I did not use the benefit.

Comments

  • dunstonh
    dunstonh Posts: 119,854 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Is it worth me fighting this with the ombudsman.
    The ombudsman are only upholding around 13% of packaged account complaints. This indicates that the banks are generally acting very fairly on these.
    For clarification I did not use the benefit.

    you do not need to have used the benefit on any of the packaged insurances. However, you do need to have registered or made interest in that. you confirm you did.

    Banks are allowed to deduct the cost of any benefit utilised from the redress.
    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.
  • Lemonsqueezer78
    Lemonsqueezer78 Posts: 307 Forumite
    edited 11 February 2016 at 4:33PM
    kp19 wrote: »
    Hi there I have very easily got some refund from lloyds on my package account fees based on them being mis sold. I have just phoned to find out the breakdown of the refund and been told that instead of full refund they felt that a different level of account would have been more appropriate and so have refunded the difference. On one of the accounts I made an enquiry about one of the benefits which was travel insurance so they think I must have known about the benefits. I am not denying that but I was still told I needed that account to get the overdraft. Is it worth me fighting this with the ombudsman. For clarification I did not use the benefit.

    If it were me, I would go back to the bank first and reject their offer formally, stating you would like the entire amount refunded.

    Set out in your complaint that you do not accept an entirely hypothetical scenario about you potentially being sold a different more suitable product, as a valid basis for reducing your refund - as the bank has absolutely means of knowing or assuming that you would have taken that product, had it been offered to you.

    Explain in your response that as they have acknowledged you are entitled to a refund for an unsuitable product, that you expect the full amount or you will refer your complaint to the FO.

    Agree with the poster above that they can deduct the cost of benefits that were utilised potentially, however that is an different matter to creating a made up scenario where you "might" have taken a different packaged account product.
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