Lloyd’s bank package account 29 May 2018 at 10:29PM in Reclaim bank & credit card charges 16 replies 2.3K views

Kitch1985

Hi
I’m after some advice
I had a gold package account around 2007 which I downgraded to silver in 2014. I put in a claim for it being miss sold to be told when I downagraded it because I did it online then it wasn’t Miss sold to me. The issue I’ve got though Is I contacted Lloyd’s to ask them what about all the previous gold membership fees I paid prior to 2014 and they said they don’t have my accounts on record before 2014.
Surely they will have my records for then?

safestored4

Not nesessarily. Once you voluntary downgraded your account online in 2014 why should you expect the bank to retain details of your previous account if there were no outstanding issues with this?

Kitch1985

Because I would expect my bank to keep my records back in 2014. They must have a record somewhere that I was originally a gold member for the package account prior to 2014?

[Deleted User]

Not necessarily.

Submit a SAR if you want a definitive answer. Alternatively, submit a copy of your own records.

Kitch1985

What!!!8217;s a SAR? I don!!!8217;t have any paper work or bank statements from 2014 and before

Kitch1985

What is SAR?

dunstonh

As it happens, if the bank wanted to, it could timebar this complaint. A change of bank account type is sufficient to trigger the 3 year timebar rule. So, a 2014 change would allow a timebar after 2017.

Because I would expect my bank to keep my records back in 2014.

They do you have your records from 2014. Their records show you made the choice online.

Your request for records on the Gold account refer to 2007 when you made that change. As you switched account in 2014, there is no requirement for them to hold the original 2007 documents. Its more than 6 years after the event and that particular service was ended in 2014. So, purely from a technical point of view, there is no reason for retention of the 2007 records under the GDPR.

Kitch1985

So how would prior to 2014 be investigated?
The only reason I downgraded online was the fact that the gold membership fee had increased and was told by a Lloyd!!!8217;s employee that it was easy to do online without actually explaining much about it

Kitch1985

And there!!!8217;s a lot more to it as when I spoke to Lloyd!!!8217;s on the phone they said they haven!!!8217;t any records of my account between 2009 and 2014 which is suspicious in itself as I!!!8217;ve been with Lloyd!!!8217;s all my life

dunstonh

So how would prior to 2014 be investigated?

If they timebar it, then it wont be investigated.
If they have no records then there is little to investigate and they will make their decision on the limited info available.

The only reason I downgraded online was the fact that the gold membership fee had increased and was told by a Lloyd!!!8217;s employee that it was easy to do online without actually explaining much about it

So, what is your reason for complaint then? It appears that the issue was the increase in fee rather than the product itself. However, you took action to resolve that by changing online.

And there!!!8217;s a lot more to it as when I spoke to Lloyd!!!8217;s on the phone they said they haven!!!8217;t any records of my account between 2009 and 2014 which is suspicious in itself as I!!!8217;ve been with Lloyd!!!8217;s all my life

Why is that suspicious? Perhaps you did nothing that required retention of data between those dates.

Nasqueron

A SAR is a request for all the information on you that they hold. It is now free to request from them.

As above though you or they are probably mixing up what you want to know and what they think you want to know regarding the account - they probably have records of you from 2009 but not something relating to the old account being taken out.

There are 2 key issues with your complaint though:

1) How you opened the account - if it was done online then logically you were not miss-sold as nobody sold anything to you, you chose to take the account out so you miss-bought
2) Whether they wish to apply the time bar - changing accounts triggers the 3 year clock on complaints about the product and as it was also taken out more than 6 years ago they can time bar the complaint

I would get it in writing from them why they are rejecting your complaint and see what they say, then come back. If it's a time bar issue your complaint is over.