Reclaimed packaged Bank Account Charges

edited 30 November -1 at 1:00AM in Reclaim Bank & Credit Card Charges
90 replies 24.3K views
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  • JanejhJanejh Forumite
    34 Posts
    Fifth Anniversary 10 Posts
    Thank you dunstonh,

    I’ll give it a go and see what happens. Nothing to lose from trying
  • edited 29 June 2018 at 7:47PM
    Cin_gbCin_gb Forumite
    4 Posts
    Sixth Anniversary First Post Combo Breaker
    MoneySaving Newbie
    edited 29 June 2018 at 7:47PM
    I finally got around to chasing for my RBS package account charges last year.

    Over a period of around 15yrs plus I had a royalties account, then ungraded to royalties gold and then platinum (the last being automatically done by RBS). I was originally told I needed to have a package account to have an overdraft. Then I always kept a packaged account as I couldnt afford to pay off the overdraft and did not want to risk losing it as I lived in it.

    I used resolver and dealt with RBS through the app.

    After a while they responded and partly upheld my complaint They refunded £670 for the period I held the royalties account. They refused to refund and fees paid for the gold or platinum accounts. They agreed I had been miss sold the royalties but there was no overdraft increase on file at the time I upgraded to gold or platinum so they would not refund those.

    I referred the case to the Ombudsman last March. Due to a miss communication the case did not get progressed by them. I contacted the ombustman to chase it a few months ago. They have since contacted RBS who then upheld my complaint.

    I have been refunded a further £2710. So in total £3380

    I owe a huge thanks to this site and all the info it has given me. Between this and numerous successful PPI claims I became debt free a few years ago and this was the last item I needed to address. Bank charges, PPI and package account charges crippled me and prevented me being able to get ahead for years.

    A message for anyone who has been miss sold or wrongly charged and wants to claim.....

    USE THIS SITE AND RESOLVER.... DO THE LEG WORK YOURSELF AND DO NOT PAY COMPANIES TO DO IT FOR YOU.... and finally..... DONT BE FOBBED OFF AND DONT GIVE UP

    Thanks MSE and all on here that support people going through reclaim processes
  • edited 6 July 2018 at 12:27PM
    ConsumerWarriorConsumerWarrior Forumite
    77 Posts
    Part of the Furniture 10 Posts Combo Breaker
    edited 6 July 2018 at 12:27PM
    Probably wouldn't have put in a claim it it weren't for MSE.
    20 years of packaged accounts ; Additions, Additions Plus, Current account plus etc.
    Lost track over time but it was all about securing a decent overdraft.
    Claimed through Resolver app, quite simple. refund £1400.
    Could have been higher but for some annual summaries Barclays sent me which they say would have alerted me to non-required parts of packages. Also some part of the claim was deemed "out of time".
    Moral: KEEP GOOD RECORDS!
    ** BTW**: If you are a non-tax payer , no taxable income, you may find the compensation paid by your bank automatically was taxed before final payment. in that case CLAIM it back, the bank will give you a statement. Use HMRC form R40. Bit of a pain as you have to declare everything and you'll need to refer to all your old statements and finance data for the current year. It is worth doing though, why give the tax man the cash?
  • Hi has anyone had a problem of being timed out for a complaint. I have had a Lloyds Gold account since 2000. This was originally a Graduate account and it got upgraded as the bank manager was saying I’d get a more favourable overdraft and the first £100 overdraft was free. I said I didn’t need Ito pay a monthly fee as I had another insurance through work that covered the exact same things. He said better credit rating etc etc. I was only aware of account package claims last year so wrote to them. I’ve been told that as the account was opened in 2000 the 6 year deadline has expired. They also said I had another account opened in 2004 (a joint one with my husband ) and I had an overdraft facility albeit not used on that so I should have known at that point that you didn’t need a package account to provide an overdraft. I said products change all the time in banks how am I supposed to know that a something was now wrong a few years back just because today it’s different. I honestly didn’t know then as I would have reclaimed it back then. Is it reasonable of a bank to state I should have known. And isn’t the deadline 3 years from then you discovered it was wrong ie for me last year? Thanks
  • NasqueronNasqueron Forumite
    7.7K Posts
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    Hi has anyone had a problem of being timed out for a complaint. I have had a Lloyds Gold account since 2000. This was originally a Graduate account and it got upgraded as the bank manager was saying I’d get a more favourable overdraft and the first £100 overdraft was free. I said I didn’t need Ito pay a monthly fee as I had another insurance through work that covered the exact same things. He said better credit rating etc etc. I was only aware of account package claims last year so wrote to them. I’ve been told that as the account was opened in 2000 the 6 year deadline has expired. They also said I had another account opened in 2004 (a joint one with my husband ) and I had an overdraft facility albeit not used on that so I should have known at that point that you didn’t need a package account to provide an overdraft. I said products change all the time in banks how am I supposed to know that a something was now wrong a few years back just because today it’s different. I honestly didn’t know then as I would have reclaimed it back then. Is it reasonable of a bank to state I should have known. And isn’t the deadline 3 years from then you discovered it was wrong ie for me last year? Thanks


    The 3 year time bar is from when you knew or could reasonably have known you had cause for complaint, this can be triggered by them sending you a letter giving you the account details, closing the account etc. It's not just a date you can pick out of the air.
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  • dunstonhdunstonh Forumite
    107.2K Posts
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    has anyone had a problem of being timed out for a complaint

    Yes loads have. Indeed, it is the most common outcome now.
    This was originally a Graduate account and it got upgraded as the bank manager was saying I’d get a more favourable overdraft and the first £100 overdraft was free.

    The original gold account did have preferential rates.
    I was only aware of account package claims last year so wrote to them.

    The ability to complain should be known to you from a relatively young age. Certainly by the time you hit 18.
    . I’ve been told that as the account was opened in 2000 the 6 year deadline has expired. They also said I had another account opened in 2004 (a joint one with my husband ) and I had an overdraft facility albeit not used on that so I should have known at that point that you didn’t need a package account to provide an overdraft. I said products change all the time in banks how am I supposed to know that a something was now wrong a few years back just because today it’s different. I honestly didn’t know then as I would have reclaimed it back then. Is it reasonable of a bank to state I should have known. And isn’t the deadline 3 years from then you discovered it was wrong ie for me last year? Thanks

    The 3 and 6 year rule appears to have been met

    2000 is more than 6 years ago. And 2004 is more than 3 years ago. Lloyds could also use a much later trigger date of around 2012 is they wanted as that is when they started sending out annual benefit statements which including a reference to other accounts.

    The 3-year rule is not when you decide it starts but a trigger event that could lead to a complaint. In 2004 you knew that this was not the only account you could have. You could have complained then. The annual benefit statements tell you about other accounts. You could have complained 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.
  • MJ_03MJ_03 Forumite
    2 Posts
    First Post
    MoneySaving Newbie
    Cin_gb said:
    I finally got around to chasing for my RBS package account charges last year.

    Over a period of around 15yrs plus I had a royalties account, then ungraded to royalties gold and then platinum (the last being automatically done by RBS). I was originally told I needed to have a package account to have an overdraft. Then I always kept a packaged account as I couldnt afford to pay off the overdraft and did not want to risk losing it as I lived in it.

    I used resolver and dealt with RBS through the app.

    After a while they responded and partly upheld my complaint They refunded £670 for the period I held the royalties account. They refused to refund and fees paid for the gold or platinum accounts. They agreed I had been miss sold the royalties but there was no overdraft increase on file at the time I upgraded to gold or platinum so they would not refund those.

    I referred the case to the Ombudsman last March. Due to a miss communication the case did not get progressed by them. I contacted the ombustman to chase it a few months ago. They have since contacted RBS who then upheld my complaint.

    I have been refunded a further £2710. So in total £3380

    I owe a huge thanks to this site and all the info it has given me. Between this and numerous successful PPI claims I became debt free a few years ago and this was the last item I needed to address. Bank charges, PPI and package account charges crippled me and prevented me being able to get ahead for years.

    A message for anyone who has been miss sold or wrongly charged and wants to claim.....

    USE THIS SITE AND RESOLVER.... DO THE LEG WORK YOURSELF AND DO NOT PAY COMPANIES TO DO IT FOR YOU.... and finally..... DONT BE FOBBED OFF AND DONT GIVE UP

    Thanks MSE and all on here that support people going through reclaim processes

    This is very interesting as my complaint is very similar to the above, but I find I am really having to argue my case with the Ombudsman (through Resolver which is great by the way!).

    Like the above, the RBS upheld part of my complaint and agreed the Royalties Account had been mis-sold, and refused to refund the Royalties Gold fees.  They claim I chose to upgrade in 2001 because of a preferential loan rate that was available (they can't tell me what the rate was), which of course is rubbish as, like many others, I was told I couldn't have the loan without the upgrade. I don't think I was even aware there was a preferential loan rate, and later, at account reviews, when I asked if I could change accounts, I was told I would lose my well-used o/d facility without a PBA, so like Cin-gb, kept it on for years.

    Unfortunately, the Ombudsman's case handler has overwhelmingly agreed with the bank and has either missed, or ignored, the fact the RBS admitted mis-selling the Royalties account in order for me to have an overdraft in 1999.  Instead, they have concluded that two years later, the RBS wouldn't have mis-sold an upgrade in return for a loan, and additionally, I would have been fully aware I could have a loan without a PBA, even though there is absolutely no evidence to support this.  They have stated 'Your account history with RBS shows from May 1996 to July 1999, you held a fee free account. So, it’s fair to say that you were aware that a fee-paying account wasn’t mandatory.'  A strange assumption as I didn't even know fee paying accounts existed until I applied for an overdraft, and PBAs were certainly mandatory at that point!  Additionally, 'I think it is fair to say it’s more likely you upgraded for the preferential loan benefit you would receive', and 'From what I can see, your circumstances were broadly suited to the benefits your account provided'.  A PBA fee of approx. £10pm, would be far in excess of any savings a preferential rate on a small loan could provide, and the other associated PBA benefits were not relevant, although the case handler did point out I used one once many years later.  The case handler also advised that PBA claims are rarely successful and gave lots of statistics to support this … I think they were trying to put me off!

    I have asked for it to be referred for a final decision by an Ombudsman, although I'm not hopeful, given their responses so far, so if anyone can think of anything that might help, please let me know.  
  • dunstonhdunstonh Forumite
    107.2K Posts
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
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    They claim I chose to upgrade in 2001 because of a preferential loan rate that was available (they can't tell me what the rate was), which of course is rubbish as, like many others, I was told I couldn't have the loan without the upgrade.

    You probably were told that but without evidence, its just an unprovable allegation.  That said, there were preferential interest rates.  So, its quite possible "on paper" that they told you about it and you agreed to it.

    Instead, they have concluded that two years later, the RBS wouldn't have mis-sold an upgrade in return for a loan, and additionally, I would have been fully aware I could have a loan without a PBA, even though there is absolutely no evidence to support this. 

    And there is no evidence to support your allegation either.   So, in English law, the defendant is not guilty.

     and 'From what I can see, your circumstances were broadly suited to the benefits your account provided'. 

    That is a key sentence.   Basically, what they are saying that there is no evidence to support your allegations of wrongdoing.  And that the account was broadly suitable.   The suitability check only happens where there is no evidence of wrongdoing.  

    I have asked for it to be referred for a final decision by an Ombudsman, although I'm not hopeful, given their responses so far, so if anyone can think of anything that might help, please let me know.  

    PBA complaints have around a 1 in 12 success rate the FOS.   Then you have the ombudsman only overruling the adjudicators in around 1 in 10 cases.  Usually, that is on the complicated stuff. Not the easy stuff like PBA complaints.  So, dont hold your breath.

    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.
  • Cin_gbCin_gb Forumite
    4 Posts
    Sixth Anniversary First Post Combo Breaker
    MoneySaving Newbie
    So, I’m not sure if this will help, especially with the stats ref overturning ombudsmen rulings but from what I can remember....

    When I referred my case to the ombudsmen the key points I highlighted were.... 

    I lived in my overdraft so I kept the PBA due to fear of losing it, I was never actually told I would lose it as I dared not to ask but I always lived under the belief if the info I was given that I could only have an OD if I had a PBA. 

    I also demonstrated that I never used or needed any of the other benefits provided by the PBA and thus the overdraft was the only reason I kept it.

    There was a point in time I believe that RBS restructured their PBAs and in doing so I was upgraded from Gold to Platinum without being asked and this I believe (if I remember right) came with a price increase and happened to everyone. 

    I also highlighted that as the reason I always kept a PBA was based on the same reasons that I agreed to take one in the first place (in my case the OD), then surely RBS’ admission of miss selling applied to all the subsequent PBAs I had held. 

    It’s all a fair while ago now and very much filed away in my memory but I’m sure I was also told I could only have an OD increase if I upgraded from royalties to royalties gold.... I can’t remember if they tallied an OD increase with the timescales of the change of account or if it was the other way around and the reason it was initially rejected by RBS. 

    Would they have any records of your account reviews? 

    Finally..... would you have ever had a PBA if you was not miss sold it in the first place..... if you were never led to believe you HAD to have one would you have continued to have one for years to come? I personally would never have spent years paying for something for benefits I didn’t use if I have never been miss sold it in the first place and that was the main point of the argument I put forward to the ombudsmen 
  • MJ_03MJ_03 Forumite
    2 Posts
    First Post
    MoneySaving Newbie
    Thanks dunstonh and Cin_gb for your replies, much appreciated and very helpful.  It is a frustrating situation, as they did hold me to ransom for years by threatening removal of the o/d without the PBA, but you're right, it is difficult/nigh on impossible, to prove.

    My only hope is the timeline, as it doesn't quite match their sequence of events.  The loan was taken out in Sept 01, but the account wasn't upgraded until Oct/Nov.  They haven't been able to provide any proof that I had a preferential rate, and I can't find any historical Royalties Gold T&Cs that state this is one of the benefits, and as you say Cin_gb, I wouldn't have had a PBA at all, had the Royalties account not been mis-sold in the first place, which they have admitted to doing.
    I know I'm unlikely to succeed, and I also tend to think most claims will fail, as they state preferential rates were available for both overdrafts and loans with all their PBAs, so that will likely be their defence, unless claimants can prove otherwise.
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