Barclays Additions Refund Refused

I made a complaint regarding a Additions account I had upgrade to in Feb 1998, At the time I wanted a larger overdraft than the one I had (£50). I was told that I had to upgrade to the additions account to get a £250 OD or I couldn't get the OD.
I complained using Resolver and I received a letter back from Barclays basically saying that my claim is out of time (time barred).
1. Six years have passed from the date on which the cause of action occurred (upgrade to the additions account)
2. Three years have passed from the date on which I became or reasonably ought to have become, aware I had cause for complaint.

I changed back to a "normal" no paying account in May 2003 as I no longer required the OD .

Apparently I should of complained back in June 2006 about this?? I only found out that I could complain about two months ago.

Can I refer this to the FOS or are they right, am I out of time?
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  • dunstonhdunstonh Forumite
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    1. Six years have passed from the date on which the cause of action occurred (upgrade to the additions account)
    2. Three years have passed from the date on which I became or reasonably ought to have become, aware I had cause for complaint.

    For a complaint to be successfully timebarred, both the three and six year rule must be satisfied.
    I changed back to a "normal" no paying account in May 2003 as I no longer required the OD .

    And there you have it. 1998 is more than 6 years since purchase and you made a change of account 13 years ago. 13 is greater than 3.
    Apparently I should of complained back in June 2006 about this?? I only found out that I could complain about two months ago.

    People have the right to complain about whatever they like. They dont need to be told they have that right. You were clearly not unhappy about it in 2003 when you made the change as you would have complained then.
    Can I refer this to the FOS or are they right, am I out of time?

    You can refer it to the FOS but they cannot consider the complaint unless they feel the timebar is being incorrectly applied. The timebar is fair and valid and being applied correctly. So, the FOS won't look at it.

    A change of account type is accepted as a trigger by the FOS for starting the 3 year clock.
    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.
  • Has anything further come of this. Ive had the same response. I feel this unfair that the same miss selling of the account can be unvalid because of a couple of years difference. We were only made aware by the media that accounts had been missold why would we think any differently we trust our banks!!!
  • dunstonhdunstonh Forumite
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    I feel this unfair that the same miss selling of the account can be unvalid because of a couple of years difference.

    Time bars exist in law to prevent people putting in frivolous claims years after the event when evidence may no longer be available.
    We were only made aware by the media that accounts had been missold why would we think any differently we trust our banks!!!

    Another reason for timebarring is to prevent people who really didnt have a reason to complain hearing on the media that they can get some money and using the complaints/claims process for try-it-ons.

    You didnt need the media to tell you that you that you can complain.
    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.
  • Gingerbe wrote: »
    Has anything further come of this. Ive had the same response. I feel this unfair that the same miss selling of the account can be unvalid because of a couple of years difference. We were only made aware by the media that accounts had been missold why would we think any differently we trust our banks!!!

    For the same reason that if you borrow a load of money and don't pay it back, your slate gets wiped clean after 6 years, so should banks be allowed to time-bar complaints.

    3 years after deciding you were unhappy with an account is an awfully long time, you don't need the media to tell you that you can complain
    the concept of a United States of Europe is right.” Winston Churchill 1930
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  • LuxuryWomanLuxuryWoman Forumite
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    I was also sold the Barclays additions account in 2001, like you I was told I had to have it to obtain an overdraft facility. In fact the staff in the bank were pushing the additions account to everybody at the time. I reverted to the regular current account in 2003 just like you.


    I complained in 2014 and my complaint was upheld, at the time I was also pushed to have Overdraft Protection Insurance, I was repaid approx. 9k over the two products.
  • I was also sold the Barclays additions account in 2001, like you I was told I had to have it to obtain an overdraft facility. In fact the staff in the bank were pushing the additions account to everybody at the time. I reverted to the regular current account in 2003 just like you.


    I complained in 2014 and my complaint was upheld, at the time I was also pushed to have Overdraft Protection Insurance, I was repaid approx. 9k over the two products.

    You got lucky on this, either the OD PPI was still running or the bank were nice, 2003 closed account (after the change) is long enough to time bar
    the concept of a United States of Europe is right.” Winston Churchill 1930
    I think that the Government are right to apply to join the European Economic Community...” -Winston Churchill 1961
    “The future of Europe if Britain were to be excluded is black indeed.”[FONT=&quot][FONT=&quot][FONT=&quot] - Winston Churchill 1963
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  • LuxuryWomanLuxuryWoman Forumite
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    The overdraft was still running, and it took a lot of complaints from me, I have emails from people in Bob Diamonds office still - he was CEO at the time.
    They settled with about £1k thereabouts, then came back with some extra interest and I assumed that was it.
    About a year later I had close to 8K put in my account and the letter which followed said they had taken another look and recalculated, which was amazing to me and very welcome.


    When I put in a further claim about a loan, I mentioned the packaged account I was told I had to switch to and they just repaid me almost immediately.


    My circumstances were quite complicated at the time and I needed to access money quickly (there was a lot of money coming to me which was provable and I had shown the bank letters) it was mostly to do with property I was buying and selling at the time hence the large sum short term borrowing.


    Anyhow, I have read around a lot of forums people told overdraft protection doesn't/didn't exist but it really did.
  • The overdraft was still running, and it took a lot of complaints from me, I have emails from people in Bob Diamonds office still - he was CEO at the time.
    They settled with about £1k thereabouts, then came back with some extra interest and I assumed that was it.
    About a year later I had close to 8K put in my account and the letter which followed said they had taken another look and recalculated, which was amazing to me and very welcome.


    When I put in a further claim about a loan, I mentioned the packaged account I was told I had to switch to and they just repaid me almost immediately.


    My circumstances were quite complicated at the time and I needed to access money quickly (there was a lot of money coming to me which was provable and I had shown the bank letters) it was mostly to do with property I was buying and selling at the time hence the large sum short term borrowing.


    Anyhow, I have read around a lot of forums people told overdraft protection doesn't/didn't exist but it really did.

    OD PPI does exist it's just not very common vs loan / CC / mortgage
    the concept of a United States of Europe is right.” Winston Churchill 1930
    I think that the Government are right to apply to join the European Economic Community...” -Winston Churchill 1961
    “The future of Europe if Britain were to be excluded is black indeed.”[FONT=&quot][FONT=&quot][FONT=&quot] - Winston Churchill 1963
    [/FONT][/FONT][/FONT]
  • I work in a bank, and I'll see approximately 50 customers accounts a day. I'll maybe see overdraft PPI on someones account once a week. So yeah, it's fairly rare.
  • NasqueronNasqueron Forumite
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    Chalkius wrote: »
    I work in a bank, and I'll see approximately 50 customers accounts a day. I'll maybe see overdraft PPI on someones account once a week. So yeah, it's fairly rare.

    Indeed, moreover, despite what the MSE site likes to propagate, simply having the policy is not a miss-sale!
    the concept of a United States of Europe is right.” Winston Churchill 1930
    I think that the Government are right to apply to join the European Economic Community...” -Winston Churchill 1961
    “The future of Europe if Britain were to be excluded is black indeed.”[FONT=&quot][FONT=&quot][FONT=&quot] - Winston Churchill 1963
    [/FONT][/FONT][/FONT]
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