Packaged Bank Account Charges - can I claim?

JennyMoneySaver

Hi,
My husband has been paying a monthly fee for a packaged account for years. He never asked for it and has never used any of the services it offers.
He claims he had no idea he was paying for it but I can remember he received a letter saying that he was being upgraded and that if he didn't want it he should contact them to opt out.

So he wasn't actively sold it but it wasn't something he ever wanted and he never had the benefits explained to him.

Has he any chance of this being successful? I'd love to know if anyone in a similar situation has had success. He banks with Barclays.

Many thanks
Jenny

eskbanker

The only basis on which to claim anything is to be able to demonstrate mis-selling, and to do so within the relevant timescales.

JennyMoneySaver wrote: »

has never used any of the services it offers

This isn't relevant, don't focus on this!

JennyMoneySaver wrote: »

He claims he had no idea he was paying for it

A weak argument if there is a clear entry on every statement....

JennyMoneySaver wrote: »

I can remember he received a letter saying that he was being upgraded and that if he didn't want it he should contact them to opt out.

This weakens the argument even more, unless he responded to say he didn't want it?

JennyMoneySaver wrote: »

it wasn't something he ever wanted and he never had the benefits explained to him

This is probably the strongest area to focus on, although proof may be tricky if many years ago.

However, timing may be critical here - a bank is entitled to time-bar a misselling complaint six years after any alleged misselling or three years after the customer was aware of it (or should reasonably have been), whichever is later. When was the account opened and when was the letter clarifying the upgrade?

Worth reading the MSE guide at http://www.moneysavingexpert.com/reclaim/reclaim-packaged-bank-accounts.

And one last pedantic point regarding "can I claim?": the answer is no, but he might be able to! Unless it's a joint account of course....

mt99

For what it's worth, go ahead and claim there is nothing to lose!. As per the above post, just check what grounds you are claiming on - worth a quick search before claiming. PS don't use any third parties - claims management brokers etc

CLAPTON

JennyMoneySaver wrote: »

Hi,
My husband has been paying a monthly fee for a packaged account for years. He never asked for it and has never used any of the services it offers.
He claims he had no idea he was paying for it but I can remember he received a letter saying that he was being upgraded and that if he didn't want it he should contact them to opt out.

So he wasn't actively sold it but it wasn't something he ever wanted and he never had the benefits explained to him.

Has he any chance of this being successful? I'd love to know if anyone in a similar situation has had success. He banks with Barclays.

Many thanks
Jenny

I would find it very unlikely that a bank would upgrade an account unless you say no : I doubt this would be legal
do you have the lettter?

JennyMoneySaver

CLAPTON wrote: »

I would find it very unlikely that a bank would upgrade an account unless you say no : I doubt this would be legal
do you have the lettter?

Unfortunately not. But I remember it saying that they would automatically apply it if they didn't hear from him. A bit like the way they increase your credit card limit without asking you.
I suppose if he wanted to be dishonest he could say he never received it (he has no memory of it)but we don't want to go down that route.

JennyMoneySaver

mt99 wrote: »

For what it's worth, go ahead and claim there is nothing to lose!. As per the above post, just check what grounds you are claiming on - worth a quick search before claiming. PS don't use any third parties - claims management brokers etc

Thanks. I think we (he!) will give it a go. Sounds like we should also review the cover to see if there was anything included that wasn't a suitable benefit for him.

JennyMoneySaver

Thank you so much @eskbanker all really helpful stuff.

it was quite a few years ago - quite possibly over 6 years ago. He has never spoken to anyone about the benefits or received info on the benefits so we will make that the focus of the claim.

Thanks again

agrinnall

If he never wanted it why didn't he just ask for it to be changed to a non-packaged account? Or close it and open a free account?

Claiming simply because he couldn't be bothered just degrades the whole process and makes it more difficult for genuine claimants (of whom there are actually very few in my opinion) to get their claim heard in a timely manner.

takman

JennyMoneySaver wrote: »

Thank you so much @eskbanker all really helpful stuff.

it was quite a few years ago - quite possibly over 6 years ago. He has never spoken to anyone about the benefits or received info on the benefits so we will make that the focus of the claim.

Thanks again

Also take this as a reason to check your statements in more detail in the future. Just imagine how many other payments are being made each month that haven't been noticed!.

pinkdalek

I've got a life insurance policy, I might not die before it finishes but was advised to take it out.

Can I claim back the monies so far as I'm not dead yet?

I've also a home insurance policy I've had since getting my house, never claimed on it, can I have it back as I don't really need it?

I've paid NI contributions since 18, paying to the NHS, but lucklily had good health and never used their hospitals, am I entitled to claim back some money?

If your husband don't need it, then cancel it.

PeacefulWaters

CLAPTON wrote: »

I would find it very unlikely that a bank would upgrade an account unless you say no : I doubt this would be legal
do you have the lettter?

Not as policy.

An entrepreneurial branch manager on the other hand ...