Advice regarding financial ombudsman and Halifax packaged Bank account please

zubakuki

In January of last year I asked Halifax for a refund of my packaged bank account. It was completely unsuitable for my circumstances. I chased them repeatedly for a response, calling and going into branch.

In October I finally recieved a response, denying the claim for my refund and suggesting that if I am unhappy that I contact the financial ombudsman within 6 months of the date of the letter! The letter was dated the 18th March! I again contacted Halifax asking them to look into my complaint and recieved no response.

I went to the financial ombudsman anyway and stated that I did not recieve my final response until October and therefore did not know I could take it to the ombudsmen until then.

They said they would look into it and sent me a letter today stating that Halifax will not accept them looking into the issue since I am too late.

Halifax on numerous occasions told me they would resend the letter and until October I never recieved any letters from them. It's highly unlikely that at least 3 letters went missing so I believe Halifax did not send them as stated. Intentionally leaving it until the 6 months passed before complying with my repeated requests.

Where do I go from here? Do they not have to have proof that they actually sent it? If I write to them I have to have recorded delivery, why do they get away with this? Can I take them to court for my money?

YorkshireBoy

zubakuki wrote: »

In January of last year I asked Halifax for a refund of my packaged bank account. It was completely unsuitable for my circumstances. I chased them repeatedly for a response, calling and going into branch.

In October I finally recieved a response, denying the claim for my refund and suggesting that if I am unhappy that I contact the financial ombudsman within 6 months of the date of the letter! The letter was dated the 18th March! I again contacted Halifax asking them to look into my complaint and recieved no response.

I went to the financial ombudsman anyway and stated that I did not recieve my final response until October and therefore did not know I could take it to the ombudsmen until then.

They said they would look into it and sent me a letter today stating that Halifax will not accept them looking into the issue since I am too late.

Halifax on numerous occasions told me they would resend the letter and until October I never recieved any letters from them. It's highly unlikely that at least 3 letters went missing so I believe Halifax did not send them as stated. Intentionally leaving it until the 6 months passed before complying with my repeated requests.

Where do I go from here? Do they not have to have proof that they actually sent it? If I write to them I have to have recorded delivery, why do they get away with this? Can I take them to court for my money?

You're argument is weak in this area. Whenever you complain to a bank/BS you receive an acknowledgement letter accompanied by a guide to your rights with regard to the FOS. At least I have every time I've made a complaint. This guide would have clearly outlined the timescales. I'm sure that's not what you want to hear though!

grumbler

YorkshireBoy wrote: »

You're argument is weak in this area. Whenever you complain to a bank/BS you receive an acknowledgement letter accompanied by a guide to your rights with regard to the FOS. At least I have every time I've made a complaint. This guide would have clearly outlined the timescales. I'm sure that's not what you want to hear though!

Have you missed the bit in the OP that the letter received in October allegedly was dated 18th March?

Even now 6 months' window is still open for an October letter, but closed for a March one.

YorkshireBoy

grumbler wrote: »

Have you missed the bit in the OP that the letter received in October allegedly was dated 18th March?

Even now 6 months' window is still open for an October letter, but closed for a March one.

I'm suggesting that between the complaint being first raised in January and the letter dated March but allegedly received in October there would have been other correspondence sent...one within 5 days and another at the 4 week point. At least one of these would have highlighted the '8 weeks or final response' options (whichever comes first) to go to the FOS.

It's too much of a coincidence that 2 letters were lost and another received some 7 months later wouldn't you think? It appears the FOS think so anyway.

grumbler

Well, this isn't something absolutely impossible/unlikely. That's why all really important letters have to be sent by a recorded mail IMO.

YorkshireBoy

grumbler wrote: »

Well, this isn't something absolutely impossible/unlikely.

Which is why I said it was weak, not impossible to believe.

zubakuki

I did recieve a letter stating they would look into my complaint in February, it did not include any information, only the letter which I kept. The letter dated March 18th, states that it came with information regarding taking it further with the financial ombudsman. However when I actually recieved this letter in October there was no such information included and it was through MSE I found out how to contact the ombudsman. Hope this clarifies the situation a little.

YorkshireBoy

zubakuki wrote: »

I did recieve a letter stating they would look into my complaint in February, it did not include any information, only the letter which I kept. The letter dated March 18th, states that it came with information regarding taking it further with the financial ombudsman. However when I actually recieved this letter in October there was no such information included and it was through MSE I found out how to contact the ombudsman. Hope this clarifies the situation a little.

Did you make the FOS aware of this? If not, start again.

zubakuki

What do you mean? Sorry if I'm being stupid

should I start the process again as if I hadn't ever discussed it before? Or should I restart the complaint adding that they never sent me any details of how to take it to the ombudsman? Even tho they will say they did as it's clearly stated as being there in the letter, even tho it wasn't? And it seems they're not needing to prove they even sent the letter in March, let alone that it contained fos information. Just the fact the letter is dated March is good enough for the fos not to be able to act on it.

Harveys_2

Few questions...
1. When did u open this packaged account?
2. How much were you paying and for what?
3. When did you realise it wasn't suitable?
4. Are you still paying?
5. What outcome are you realistically aiming for?


I have twice raised cases with the FOS and both times a favourable outcome for me.

You have to have an argument, you can not just wake up one day thinking I don't want to pay for this service and want my money back.

GingerFurball_2

zubakuki wrote: »

What do you mean? Sorry if I'm being stupid

should I start the process again as if I hadn't ever discussed it before? Or should I restart the complaint adding that they never sent me any details of how to take it to the ombudsman? Even tho they will say they did as it's clearly stated as being there in the letter, even tho it wasn't? And it seems they're not needing to prove they even sent the letter in March, let alone that it contained fos information. Just the fact the letter is dated March is good enough for the fos not to be able to act on it.

You can't restart the complaint as Halifax sent their final response in March.

The Ombudsman can't consider your case because when they contact Halifax, they just need to reply 'nope, we sent the final response on the 18th of March, they're out of time.' Regardless of your claims not to have received anything, Halifax will be able to prove the letter was sent.