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Halifax ultimate reward - reclaim fees

Hi, I sent a complaint to Halifax through resolver tool and received a call from Halifax regarding the miss selling of the account. Long story short my reason was I was told that was the only way I could get an overdraft. They say I opened the account online which with it being just under 6 years ago I was sure I did it in the branch (while in there discussing life insurance policies). I definitely remember being advised in the branch and maybe if what they say is true I came home and opened it online then?

Anyway does anyone have any advice on how I can take this further with the financial obudsman? They have said I had all the terms and conditions there online so pretty much that's my only option - take it further. Anyone been here before? Is so how did you get on?

Cheers,
Liam.

Comments

  • Nasqueron
    Nasqueron Posts: 10,817 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Franol wrote: »
    Hi, I sent a complaint to Halifax through resolver tool and received a call from Halifax regarding the miss selling of the account. Long story short my reason was I was told that was the only way I could get an overdraft. They say I opened the account online which with it being just under 6 years ago I was sure I did it in the branch (while in there discussing life insurance policies). I definitely remember being advised in the branch and maybe if what they say is true I came home and opened it online then?

    Anyway does anyone have any advice on how I can take this further with the financial obudsman? They have said I had all the terms and conditions there online so pretty much that's my only option - take it further. Anyone been here before? Is so how did you get on?

    Cheers,
    Liam.

    If they have rejected you they will send you a letter confirming this giving you 6 months to refer to the FOS.

    If you opened it online (and their records will trump your memory) they will argue you "miss-bought" rather than were miss-sold, can you prove what you were told about the overdraft?

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • dunstonh
    dunstonh Posts: 119,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Long story short my reason was I was told that was the only way I could get an overdraft.
    So, breaking that down, your complaint is an allegation of wrongdoing of a verbal conversation that is unprovable.
    They say I opened the account online which with it being just under 6 years ago I was sure I did it in the branch (while in there discussing life insurance policies).

    If opening online or converting online, then there is no way an individual could be involved. So, that would immediately invalidate your complaint.

    Personally, I would find it strange that an adviser in regulated products would be involved in bank account conversions. The halifax regulated individuals dont tend to get involved in those things.
    Anyway does anyone have any advice on how I can take this further with the financial obudsman?

    You can make your complaint to the FOS now. However, be aware that the FOS are only upholding 13% of packaged bank accounts. A very low success rate. In your case, they have evidence to show it done online versus you with no evidence apart from what you think happened.

    We have no access to anything to see what evidence is available but you wouldnt expect any success at the FOS based on what you have said (assuming it is correct).
    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.
  • Thanks for the replies. I suppose I have pretty much no leg to stand on then? ��

    In regards to the advisor I said I spoke to about life insurance, he definitely advised me on going for the ultimate reward account I was sure he tried setting it up in branch but it required me to do something online. Forgive me for any hazy details almost 6 years ago seems an awful long time ago now.
  • Franol wrote: »
    In regards to the advisor I said I spoke to about life insurance, he definitely advised me on going for the ultimate reward account I was sure he tried setting it up in branch but it required me to do something online.
    As already explained, though, there is no way for you to prove this conversation even took place.

    All the Bank know is that you applied online and no other individual was involved.

    Documentary evidence will always win out against what you freely admit is a hazy memory from several years back..
  • 87mave
    87mave Posts: 38 Forumite
    Ninth Anniversary 10 Posts Combo Breaker
    In fairness, I too was told (in person) that I needed an upgrade to qualify for an overdraft, and the upgrade was there in a meeting. This was with Lloyds and the resolver tool was deemed successful. There were a few other factors with the perks I hadn't been told about. I guess it boils down to if you did it online or not.
  • 87mave wrote: »
    I guess it boils down to if you did it online or not.
    Yes, it's very difficult to argue that an online sale was mis-sold because no bank staff were present to sell it. In truth, the weight of evidence is against the OP because he cannot prove any conversation took place about the account prior to the online sale and the balance of probabilities is that it didn't.

    Your complaint is entirely different to the OP. Your account of a sale conversation matches many many others who were apparently told the same thing in order to induce them to purchase there and then.
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