PBA rejected by Barclays and Ombudsman (time bar) - any advice?

znh

Hi,

I was hoping for some advice before I ask the Final Ombudsman to review their decision.

I complained to Barclays this year regarding a packaged bank account, and they said I have complained outside the time limits set by the Financial Conduct Authority as the account was closed in 2010, and I complained 6 years later in 2016.

Barclays said I had a PBA from 2002 to 2010, which I did not
know about.

I remember refusing a PBA but years later in 2010 when my statements had changed colour I noticed that there was a fee. As I had refused a PBA I didn't link the fees to it as I knew I had refused it. I went into a branch to ask and complain about the fees and for them to be stopped and the money refunded. The adviser didn't explain what the fees were and said the money would not be refunded but that they would stop it.


I explained to Barclays that I do not understand why my complaint is time barred as:
1. I technically complained within the time limits in branch in 2010 and it is not my fault that Barclays were unhelpful and didn't take it further.
2 . The only time I was fully aware I had a PBA was when Barclays rejected the complaint and stated that I had a PBA from 2002 to 2010. I never linked the fees to PBA and only decided to complain this year after hearing more about PBA complaints and thinking the fees might relate to this. Therefore, how can I be expected to complaint about something I did not know I actually had until 2016?

Barclays still rejected this so I contacted the Ombudsmen service who replied:

You have explained that you were offered a packaged bank account but declined it, however Barclays still began charging you for the account. You said you complained at the time but the staff were unhelpful and didn’t take your complaint further.

From the information provided, your PPI policy was sold in August 2002 – more than six years before your complaint was first made. I’ve therefore looked at whether I have enough evidence to say a complaint was raised more than three years after you reasonably ought to have known you had a reason to complain. In your case this would be in February 2010 when you changed back to a fee free account.

I’ve asked Barclays for any evidence that you complained in 2010 that your account was changed without your agreement. Barclays has records that you complained that your account wasn’t downgraded after you’d asked it to be in 2010, but it doesn’t have any records that you complained that your account was changed without your agreement.

Unfortunately without evidence that a complaint was made earlier about being charged for an account without your agreement, this isn’t a complaint I can investigate further. I’m also not aware of any exceptional reasons that prevented a complaint about this being made earlier

So, I was going to ask the Ombudsman to review the complaint explaining/ clarifying:

- in 2010 when I went into the branch I did not know the fees were for a PBA as I know I had previously refused an account with a monthly fee, and I was not aware of my account having benefits.
These fees were not explained to me and it was not until this year that I was aware that fees might have been for a packaged bank account. Therefore, logically how can I complaint about something I did not know I had?

- just because Barclays do no have a record of me complaining does not mean I did not complain. The bank not having a record is not enough to state 100% that I did not complain in branch about the fees - surely I am not being treated fairly in this case? I asked about the fees, was given no explanation and was told the money would not be refunded - perhaps I could have taken this further and, now with my knowledge of PBA/banks mis selling, in hindsight I should have taken it further, but at the time I just took what the adviser said as the only outcome



Thank you for any advice you can offer.

Nasqueron

The 2 time bar rules are 6 years from taking out the product and 3 years from having reason to complain (whichever is longer).

You complained in 2010 - it should have been done in writing, formally, so they could consider it and give you access to the FOS - as you complained in 2010 you are outside the time bar periods so your complaint is now at the end unless you have proof you complained in 2010

znh

Nasqueron wrote: »

The 2 time bar rules are 6 years from taking out the product and 3 years from having reason to complain (whichever is longer).

You complained in 2010 - it should have been done in writing, formally, so they could consider it and give you access to the FOS - as you complained in 2010 you are outside the time bar periods so your complaint is now at the end unless you have proof you complained in 2010

Thank you for the reply.

Is proof that I complained required? It was just done verbally in branch...

I understand the time bar rules, but I do not understand how they can expect me to complain about PBA when I didn't even know I had it?

dunstonh

Is proof that I complained required? It was just done verbally in branch...

Yes it is required. You could be making it up for all anyone knows. Remember that you are the one making the allegations. English law puts the onus on the accuser.

They keep records of formal complaints - This would include the outcome whether you disagreed with it or accepted it (if there was a monetary amount involved. Was the complaint in 2010 that was handled as a result of your complaint made in the branch or did you make two complaints in 2010?

I understand the time bar rules, but I do not understand how they can expect me to complain about PBA when I didn't even know I had it?

your complaint in 2010 where you asked to be downgraded is a significant trigger for the 3 year clock. it indicates you knew in 2010.

znh

dunstonh wrote: »

Yes it is required. You could be making it up for all anyone knows. Remember that you are the one making the allegations. English law puts the onus on the accuser.

They keep records of formal complaints - This would include the outcome whether you disagreed with it or accepted it (if there was a monetary amount involved. Was the complaint in 2010 that was handled as a result of your complaint made in the branch or did you make two complaints in 2010?



your complaint in 2010 where you asked to be downgraded is a significant trigger for the 3 year clock. it indicates you knew in 2010.

In 2010 I noticed the fees and complained in branch, I do not understand the FOS outcome that Barclays state there only record is me complaint that the account had not been downgraded after I had asked as, as far as I can recall, I only complained once in branch. However, could the complaint they og be evidence that I had raised the issue as it is about something not happening after I had asked?

3 year clock trigger - when I complained in branch I didn't even know what the fees were.

dunstonh

In 2010 I noticed the fees and complained in branch, I do not understand the FOS outcome that Barclays state there only record is me complaint that the account had not been downgraded after I had asked as, as far as I can recall, I only complained once in branch. However, could the complaint they og be evidence that I had raised the issue as it is about something not happening after I had asked?

The complaints process is that after they get your complaint, they write to you with a summary of what they believe your complaint is and then what happens next. You are given the opportunity at that point to add more info or correct the complaint if there are errors. I am going to assume you accepted their response.

However, could the complaint they og be evidence that I had raised the issue as it is about something not happening after I had asked?

The problem is that you did not question the action in 2010. The action is a valid reason to start the timebar clock.

3 year clock trigger - when I complained in branch I didn't even know what the fees were.

Even though they had appeared on your monthly statement for 8 years?