Packaged monthly fee bank account reclaim

MyOnlyPost

PeacefulWaters wrote: »

If you do think you've been mis-sold and have managed to miss the "fee" entry on your account each month for the last God knows how many years complain directly to the bank. Not via a third party.

Your post suggests that the bank switched a customer to a fee paying account or didn't inform there would be a fee. I believe the misselling aspect is that the banks didn't check the eligibility of it's customers for some insurances and whether they would be beneficial. Therefore a customer could be aware of the fees on the account and not realise the worthlessness of the cover they were getting

MyOnlyPost

realaledrinker wrote: »

I have been paying buildings contents insurance for the past 35 years but have never had a claim. As the bank with whom I took out my first mortgage insisted I had such insurance as a requirement for the mortgage, have I been miss-sold?

At face value yes, I am not aware that contents insurance is necessary for a mortgage, just buildings insurance so if the bank insisted you buy buildings contents insurance...........

PeacefulWaters

MyOnlyPost wrote: »

Your post suggests that the bank switched a customer to a fee paying account or didn't inform there would be a fee. I believe the misselling aspect is that the banks didn't check the eligibility of it's customers for some insurances and whether they would be beneficial. Therefore a customer could be aware of the fees on the account and not realise the worthlessness of the cover they were getting

It does sadden me that huge swathes of the population are incapable of establishing value for money for themselves.

Kenco5

I had bank charges that I believe I can reclaim because I wasn't informed about them, but I'm not with the bank anymore and I don't have details of when these charges started occurring. It goes back quite a few years.

Do I need to know the exact date?

JuicyJesus

Kenco5 wrote: »

I had bank charges that I believe I can reclaim because I wasn't informed about them, but I'm not with the bank anymore and I don't have details of when these charges started occurring. It goes back quite a few years.

Do I need to know the exact date?

You can't just reclaim charges on a blanket basis - there's no requirement to refund except in the case of a bank error. When you say you weren't informed about them, did you not receive any statements or other information?


Also banks only tend to hold records for about 6 years. After that they start deleting. Depending on how far back you're talking the information may well not exist if you don't hold it yourself.

LPBamf

Hi there. I have been missold a PBA on the basis that as a student I was told that it was a requirement for me to get a student overdraft. I never used any of the benefits. I have complained to lloyds who have said they will not look into my complaint because it is over 3 years since I cancelled PBA. Because I cancelled they believe that I should hAve made a complaint within 3 years of cancelling as as far as their concerned I knew about the product then. However I only brought the policy dowe because I couldn't afford it and did not question the policy until some years later when their mis selling was covered by the press. I have spoke to FOS and without lloyds consent to look into the complaint their hands are tied too. Seems so unfair. Does any1 have any advice please. Thanks

JuicyJesus

FOS' time bars are that you have to complain to them within 6 months of a final response from Lloyds, within six years of either the problem occurring or three of you becoming aware that you have cause to complain. Unfortunately you do fall outside these and Lloyds are unwilling to waive the time bars, so you have no further avenues for complaint beyond court (which costs money and has little chance of success).

You have to let this go unfortunately.

ABL77

Hi, I'm hoping someone could clarify the FCA time limits as I'm a little confused.
I have recently complained regarding my PBA and have just received correspondence that refers to the time limits as reason to dismiss my complaint without acknowledging or answering my reasons for complaint.
6 year time limit - only accounts upgraded within last 6 yrs have reason to complain? I was told I had to upgrade in order to get an overdraft 17 yrs ago so therefore have no right to complain?
3 year time limit - the letter states that I am complaining more than 3 yrs after realising (or should have realised) that there was a problem. Surely the date of my initial correspondence would be taken as when I realised? How have they concluded that I realised more than 3 yrs ago? I queried, in branch, my need for the account as I had never used nor needed anything it came with other than an overdraft. I was told I had to clear the OD before downgrading. Was this query recorded in any way and attached to my account?
Thanks in advance to anyone that replies

JuicyJesus

ABL77 wrote: »

6 year time limit - only accounts upgraded within last 6 yrs have reason to complain? I was told I had to upgrade in order to get an overdraft 17 yrs ago so therefore have no right to complain?

Yes. Correct. There is a six year time bar because the assumption is that if you thought it was something to complain about you'd complain about it within six years of it happening. FOS ask the bank if they will waive this; chances are that without any extenuating circumstances (REALLY serious ones, not just "I didn't realise I could") then they will refuse, as is their right.

3 year time limit - the letter states that I am complaining more than 3 yrs after realising (or should have realised) that there was a problem. Surely the date of my initial correspondence would be taken as when I realised? How have they concluded that I realised more than 3 yrs ago?

It's whether you should have realised there was a problem. If you felt that the insurance was unsuitable for you and as such the bank had sold it to you wrongly then the expectation is that you would (or should) have dealt with this in the three years after you've realised. Here you are complaining seventeen years (!) after something was sold and saying you have only just realised that it was wrong to do so. That is a bit extreme.

In your case it is irrelevant because the sale you're talking about happened well over six years ago and it is time barred in any event.

I queried, in branch, my need for the account as I had never used nor needed anything it came with other than an overdraft. I was told I had to clear the OD before downgrading. Was this query recorded in any way and attached to my account?

Probably not. Branch conversations aren't recorded so it is your word against the bank's, and in any event information about a sale that happened in 2000 probably no longer exists as it was so long ago. So even if it wasn't time barred, and it thoroughly is, then your complaint is very unlikely to be upheld.

You may have a complaint if you asked to downgrade and were refused for an invalid reason (and without knowing any further details, that sounds invalid), if that happened less than three years ago. But that doesn't speak to any mis-sale and the original sale of the account is well and truly time barred.

ABL77

Thx JJ, I never expected anything from them tbh, I've never been happy paying for the account and knew I'd never use any of the rubbish that comes with it but accepted it for so long as a consequence of having an (ever growing) overdraft. I'm sure it was within the timeframe required but if I was to pursue the 'refused a downgrade' avenue how could I even prove that as it was only a verbal query?