Claiming back with Barclays, not sure how to word the letter.

eteej · 1 April 2018 at 10:23PM

Hi,

So I am sending the template letter to barclays, however I am not sure how honest to be with the reasons I believe I was mis-sold; I think it may be better to give less info and let them decide.

I will paste my exact letter with my information redacted, would someone be able to give me a little advice on the wording.

Also I am aware as a teenager I was terrible with paying these fees, but it appears that they were all taught to pressure sell kids!

TIA - any advice or edits welcome, I dont want to say anything that they can use to wriggle out!

The letter:

I have had the above account since 11th July 2009, but believe it was mis-sold to me. I was told that I had to have a premier account to ensure that I was insured for any issues that may arise and so that should I be injured or become unwell, that I would still be able to make my direct debit payments, however this was not required, the packaged account had a lot more features and was not suitable. The charge per month for this account was £25.00 per calendar month – I believe that I held this account at this cost for around 30 months.

This account was later downgraded to an account with a lesser fee, however, there was a free alternative at the time that would have been suitable, therefore the downgraded account was also mis-sold. The charge per month for this account was £6.50 – down from the previous £25 per month. I believe that the the account was downgraded around January 2012, but I am certain that you will have the exact date on your system – I believe after the downgrade I held this account for a further 30 months before cancelling the account altogether.

I was also sold a health insurance package on the 11th July 2009, policy number above, that I was told I needed alongside the premier account to ensure I was fully covered so that if I was unable to work I would be able to keep up with my direct debit payments. At no point was I advised that should I be injured or sick and unable to work, that the statutory sick pay would cover the direct debits that I had in place at the time. Therefore, the health insurance was also mis-sold to me.
I would like to add that as I was concerned that if I cancelled the insurance I would not be able to claim the fees back I have left this active. However, due to having the rules on mis-selling explained to me by a legal representative, I have now requested this health insurance be cancelled – In total I have held this unsuitable policy for a total of 105 months.

I believe that both the packaged bank account AND the health insurance was mis-sold to me as there were free alternatives at the same time, and that the products were incorrect for me at the time of selling due to my financial situation and lifestyle as discussed.

I enclose a copy of my opening letter dating back to when the first account fee was taken out so that you can locate my details on your system. The policy numbers are also at the top of this letter. I am writing to request a full refund of the fees I have paid plus the 8% interest owed to me as per the rules on the mis-selling of insurance and packaged bank accounts.

I look forward to your response within eight weeks, otherwise I won’t hesitate taking my complaint to the Financial Ombudsman Service.

Yours faithfully,

dunstonh · 2 April 2018 at 12:52AM

Also I am aware as a teenager I was terrible with paying these fees, but it appears that they were all taught to pressure sell kids!

Kids cannot enter into a contract. You have to be 18 for a contract to be enforceable.

This account was later downgraded to an account with a lesser fee, however, there was a free alternative at the time that would have been suitable, therefore the downgraded account was also mis-sold.

A change of account more than 3 years ago would allow them to timebar the complaint for that period. It shows that it is optional and you could have raised a complaint then.

I believe after the downgrade I held this account for a further 30 months before cancelling the account altogether.

That allows them to timebar the whole lot.

At no point was I advised that should I be injured or sick and unable to work, that the statutory sick pay would cover the direct debits that I had in place at the time.

SSP doesnt cover your direct debits. It pays a relatively small amount for a short period.

Therefore, the health insurance was also mis-sold to me.

What health insurance is it?

However, due to having the rules on mis-selling explained to me by a legal representative, I have now requested this health insurance be cancelled !!!8211; In total I have held this unsuitable policy for a total of 105 months.

Did this legal representative explain to you the timebar rules and the importance of knowing what it is your are complaining about?

Banks do not always enforce the timebars. They are pretty hot on it with packaged bank accounts. As for the insurance, its worth stating why it is not suitable for you. For example, you say its health insurance. If you mean permanent health insurance than its totally suitable for you. Everyone of working age in the country should have it and you dont even need to be employed to get it. Its considered one of the most important insurances you can get.

So, you need to cover off why you believe it is not suitable and make sure the reasons are you giving apply to the type of insurance you have.

eteej · 2 April 2018 at 7:48AM

Hi,

Thanks for taking time to reply, I will reply section by section.

I was over 18, but isnt part of the mis-selling about suitability. A premier life account wasnt a suitable account for someone of that age given a lot of the perks were about travelling and I remember saying I didnt travel.

Is it better to not say anything about the downgrade and just let them look into it? Although at the time of the downgrade there still wasnt any misselling rules - so the first was missold the second I was told there was no free alternative?

Remove the second part altogether?

SSP would have covered the direct debits as there were literally 3 i had back then totalling under £80.

It was health and injury cover, it was pressure sold more than anything because 'if you dont have it and get injured you could get into financial difficulty' when in truth my direct debits were small enough that this wouldnt really be the case at all.

I am assuming its better to say less and let them look over it. Top facts are - a £25pcm account for a non travelling 18 year old was not a suitable account. Health insurance was pressure sold with the financial difficulty scare.

I will negate the second part altogether.

Is there any wording you would apply, or less is more?

Thanks for the reply I appreciate it

dunstonh · 2 April 2018 at 11:49AM

I was over 18, but isnt part of the mis-selling about suitability. A premier life account wasnt a suitable account for someone of that age given a lot of the perks were about travelling and I remember saying I didnt travel.

In which case, you focus on the bits that were wrong. Not by referring to yourself as a minor when you were not.
If nothing in the package was suitable then you have grounds for complaint.

Is it better to not say anything about the downgrade and just let them look into it? Although at the time of the downgrade there still wasnt any misselling rules - so the first was missold the second I was told there was no free alternative?

The regulated complaints process was introduced in 1988. So, the rules were in place.

SSP would have covered the direct debits as there were literally 3 i had back then totalling under £80.

And what about all your other things bought with income? What about over the next 20-30-40 years?

It was health and injury cover,

What sort of thing did it cover? At the moment, its difficult as PHI is a highly regarded insurance and considered something that everyone should have. However, banks also tended to offer budget accident style plans that were not income paying but lump sum on events. They were rubbish cash cows. If you have the former, you wont get anywhere. If you have the latter you probably will.

I am assuming its better to say less and let them look over it. Top facts are - a £25pcm account for a non travelling 18 year old was not a suitable account. Health insurance was pressure sold with the financial difficulty scare.

Bank account possibly missold based on what you have said.
Insurance doesnt sound missold. (they are allowed to put some pressure on. Just not cross the line. People who complain within weeks of sale are considered credible on those complaints. People who complain years later are not considered credible)

The timebar rules require you to complain within 3 years of being reasonably aware of an issue. A change of bank account is a trigger point to start the 3 year clock ticking. The sale must have taken place more than 6 years ago.

The bank may not use the timebar but we see plenty of posts on here from people being timebarred. So, you need to be prepared for that. The bank will know you account history whether you say it or not. So, leaving out details wont help.

You just need to make the complaint as it is but focus a bit more on why it was unsuitable.

EmergencyNurse · 5 April 2018 at 12:09AM

I successfully claimed back bank all my packaged bank charges, overdraft protection and credit card PPI from Barclays a few years ago. I simply filled in a form provided by the bank online and posted it to them. I knew the PPI was mis-sold because when I tried to utilise the policy I was informed I couldn't. At that point I realised it was worthless and requested my money back. It took a couple of months but it was simple and painless enough. The claim forms are still available from banks and lenders websites. Simply follow the process and it should be resolved. There is no real need for a considered letter.

Claiming back with Barclays, not sure how to word the letter.

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