RBS refuse packaged bank account claim due to time limits

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  • Nasqueron
    Nasqueron Posts: 8,831 Forumite
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    PSW wrote: »
    I had an account I closed in 2011 which I complained about on Friday just gone. The system to check, as I wasn't a current customer was down so I couldn't proceed with complaint. I received a call back on Monday as promised to go through my complaint. I was called back on Tuesday saying my complaint was upheld and they would refund me fees paid plus interest. Refund was in my account by lunch time.

    The speed of that is exactly my point - it's an auto-pay without investigating. If the bank had wanted to they could have time barred it.
  • PSW
    PSW Posts: 46 Forumite
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    Oh I agree, although I would like to think the evidence I provided (which could have been argued as circumstantial) & my perfect recollection helped prove my case or at the very least added some weight to the probability that I was miss sold, or it could simply have been that the advisor I saw had a proven track record of miss selling.

    I've noticed "fixed limit" being mentioned on other posts, is there an generally accepted level to this or is it just an educated guess? I only ask as my refund was substantial and I would be surprised if all complaints below that were just automatically paid.
  • Nasqueron
    Nasqueron Posts: 8,831 Forumite
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    PSW wrote: »
    Oh I agree, although I would like to think the evidence I provided (which could have been argued as circumstantial) & my perfect recollection helped prove my case or at the very least added some weight to the probability that I was miss sold, or it could simply have been that the advisor I saw had a proven track record of miss selling.

    Your recollection is fine but largely irrelevant as you can't prove it, the bank will have a sales script that they can show to the FOS if they decide to reject and you refer it on and these are generally accepted as proof of what the advisor probably would have said. The problem really is the CMC industry have sent a million identical complaint letters to every bank listing all these pressure sales techniques (even where the account didn't even have PPI!) and it means that the word of an honest customer can't be treated as such. It's unlikely the bank will have any record of who sold which package, bank staff (unlike say shop staff) rarely had "targets" nor did they get commission so not much incentive to miss-sell stuff
    PSW wrote: »
    I've noticed "fixed limit" being mentioned on other posts, is there an generally accepted level to this or is it just an educated guess? I only ask as my refund was substantial and I would be surprised if all complaints below that were just automatically paid.

    Varies by bank, way back it was often £550 / £950 (as that was the fee charged by the FOS per case) but some have higher, some lower. Tends to be scattergun e.g. Halifax usually repay the MPPI element of their mortgage protection package without fighting which can be a decent whack; similarly Santander have been autopaying on store card PPI complaints. Down to the individual bank what they want to pay out on
  • dunstonh
    dunstonh Posts: 116,383 Forumite
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    my perfect recollection helped prove my case

    I once had a complaint made against me. They guy said he could remember it perfectly and made a whole bunch of accusations of what I said and did. Problem was that I was not working for the company when it happened. Perfect recollection is not perfect and it is not evidence.
    or it could simply have been that the advisor I saw had a proven track record of miss selling.

    Individual staff members are not looked at on non-regulated stuff.
    I've noticed "fixed limit" being mentioned on other posts, is there an generally accepted level to this or is it just an educated guess?

    No. The figure varies depending on a range of factors. Current workload, cost to look into, quality of complaint made etc. I know one bank had theirs as high as £3k for a period. Although the figure is typically lower at around £500-£1000
    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.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    edited 6 April 2017 at 1:13PM
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    PSW wrote: »
    I've noticed "fixed limit" being mentioned on other posts, is there an generally accepted level to this or is it just an educated guess? I only ask as my refund was substantial and I would be surprised if all complaints below that were just automatically paid.
    It's a floor limit, not a "fixed" one. Such limits are not generally made public and can fluctuate up as well down.

    There was a period a few years back when one bank was so overwhelmed with complaints that many many of them were upheld without any investigation. That is not the situation these days, as the peak period of PPI complaints has now well passed.

    The Bank will never reveal why a complaint has been upheld, they only explain rejections. However, the speed of turnaround of your complaint definitely means that only the bottom line (the redress amount) has been the deciding factor rather than any "evidence" you think you provided.
  • budwyza
    budwyza Posts: 20 Forumite
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    Put a packaged account complaint via resolver
    , have now received an 11 page questionnaire from Barclays, they say in it I applied for updates to said account, this is incorrect as they wrote and said we ( Barclays ) are updating Additions accounts.
  • dunstonh
    dunstonh Posts: 116,383 Forumite
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    budwyza wrote: »
    Put a packaged account complaint via resolver
    , have now received an 11 page questionnaire from Barclays, they say in it I applied for updates to said account, this is incorrect as they wrote and said we ( Barclays ) are updating Additions accounts.

    Supply your evidence to counter what they are saying then.
    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.
  • budwyza
    budwyza Posts: 20 Forumite
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    dunstonh wrote: »
    Supply your evidence to counter what they are saying then.

    Thank you for your reply, the same was my intention, I put this up to make sure others are also aware.
  • Lungboy
    Lungboy Posts: 1,953 Forumite
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    All Barclays did was ring me.
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