Packaged bank account fees unfairly treated

I’m looking for some advice regarding some problems I am having reclaiming fees from a packaged bank account I held with Lloyd’s bank.
Please bare with me as it is a bit of a long story but i will just cover the basics. In 2005 I wanted to increase my overdraft with Lloyd’s. I was told that I would need to go into branch to speak to an advisor in order to do so. I attended the appointment and it was agreed that I would be able to increase my overdraft to the level I wanted but only if I agreed to change my account from a select (free) to gold (£12) monthly fee. I was enticed by the free mobile insurance, AA breakdown cover and travel insurance.
So I went through with the upgrade.
However in 2014, I realised I was paying over the odds for this account and after having to settle a £1700 overdraft I closed the account and took my business elsewhere.
I contacted Lloyd’s in late 2016 with a view to claiming back my money for miss-selling of the account, my argument being that I didn’t need a packaged bank account to obtain an increase in overdraft. Lloyd’s wrote back to me saying that my claim was not valid as I had used 2 of the benifits of the account (using the AA on 4 occasions and registering, but not claiming, on the mobile phone insurance).

At this point I admitted defeat and resigned myself to the fact that I would not be getting any compensation.

However, a year later (winter 2017) Lloyd’s wrote to me advising me that my claimwas eligible for a review, which I was suprised to learn, so I duly filled in the short questionnaire and returned it.
However I was disappointed to again have my claim rejected!

BUT THIS IS WHERE IT GETS INTERESTING.

A few days after my rejection letter came through the post, I received another letter from Lloyd’s, this time with another persons name on the paperwork (but still my address)

I was disgusted to read that this person had been been awarded. Compensation even though there case was identical to mine. In fact they had used more of the account benifits than me (registering several phones to the account for example)

I contacted Lloyd’s to let them know that I had received this other outcome, and although they were apologetic, they are still standing their ground and are not willing to award me compensation.
They are not telling me that if I am not happy with the outcome, I should refer to the ombudsman, but I have no confidence in the ombudsman either after what I’ve heard in the news about them recently.

Can anyone offer any advice on what I can do next?

Chris
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Comments

  • JimmyTheWig
    JimmyTheWig Posts: 12,199 Forumite
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    chr_1s wrote: »
    I was enticed by the free mobile insurance, AA breakdown cover and travel insurance.
    So I went through with the upgrade.
    This doesn't strike me as mis-selling, I'm afraid.

    There may have been more to the other person's claim than you were aware of.
    They may have paid out incorrectly to this other person - which is no business of yours.

    If you think you were mis-sold then take it to the ombudsman.
  • dunstonh
    dunstonh Posts: 116,296 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    . I was enticed by the free mobile insurance, AA breakdown cover and travel insurance.
    So I went through with the upgrade.

    This confirms you knew it was optional and found the benefits attractive.
    Lloyd!!!8217;s wrote back to me saying that my claim was not valid as I had used 2 of the benifits of the account (using the AA on 4 occasions and registering, but not claiming, on the mobile phone insurance).

    Seems to be a valid outcome and matches what you have told us. You were not missold.
    However, a year later (winter 2017) Lloyd!!!8217;s wrote to me advising me that my claimwas eligible for a review, which I was suprised to learn, so I duly filled in the short questionnaire and returned it.
    However I was disappointed to again have my claim rejected!

    Lloyds were told to go back and offer reviews on a selection of old complaints. Statistically, most of these do keep the same outcome.
    I was disgusted to read that this person had been been awarded. Compensation even though there case was identical to mine. In fact they had used more of the account benifits than me (registering several phones to the account for example)

    So, the person bought it from the same branch and member of staff as you? The same version product as you? at the same date using the same sales process? Same job, same age, same financial position?

    That is a big coincidence. Are you sure about this?
    They are not telling me that if I am not happy with the outcome, I should refer to the ombudsman, but I have no confidence in the ombudsman either after what I!!!8217;ve heard in the news about them recently.

    Do you believe everything you read in the news?

    Personally, I am surprised the bank is allowing you access to the FOS. When the decision is unchanged, you are normally refused access to the FOS as you remain on the original outcome dates.

    The FOS will not take into account someone elses outcome. They will look at yours and a rejection seems right based on what you have said. However, they are your only option. Their uphold rate on PBAs is just about 1 in 9.
    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.
  • chr_1s
    chr_1s Posts: 7 Forumite
    Oh so refusal for an increase in overdraft is not miss selling of the product then?
  • dunstonh
    dunstonh Posts: 116,296 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    chr_1s wrote: »
    Oh so refusal for an increase in overdraft is not miss selling of the product then?

    It is if you can provide the evidence to support that allegation as you can bet your life the bank has no evidence to back up that allegation.

    There are strong complaint reasons and there are weak complaint reasons. Some of the weakest complaint reasons rarely result in successful complaint outcomes unless there is evidence.
    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
    First Anniversary Name Dropper Photogenic First Post
    Seems to me the only valid complaint the OP might make is that the Bank sent him someone else's private mail.
  • chr_1s
    chr_1s Posts: 7 Forumite
    I completely agree, years ago the banks couldn!!!8217;t throw money at you quick enough. I would regularly get phone calls !!!8216;oh your due an account review, let!!!8217;s see what we can do for you!!!8217;.
    Lloyd!!!8217;s talked me into a loan in branch, but I couldn!!!8217;t have it unless I had the PPI. Successfully reclaimed that PPI btw, even though it was in branch with no as you say !!!8216;evidence!!!8217; so hows that work?
  • chr_1s
    chr_1s Posts: 7 Forumite
    Sorry for all that gobbledygook in my reply, I don!!!8217;t know what!!!8217;s causing that !!!55357;!!!56876;
  • chr_1s
    chr_1s Posts: 7 Forumite
    I!!!8217;m wondering if there is a case of internal fraud going on at Lloyd!!!8217;s.
    Using my details and claim
  • Nasqueron
    Nasqueron Posts: 8,780 Forumite
    Name Dropper First Post First Anniversary Combo Breaker
    Banks are not charities, if they consider you a risk to default on your overdraft and they insist you take out a product or no increased overdraft then that is a commercial decision, it is not miss-selling as you have a choice - no account / no more OD or take account / get OD.

    Someone accidentally posting you another complaint is not fraud, it was clearly not addressed to you and yet you chose to open and read someone else's private mail - you should have returned it unopened
  • chr_1s
    chr_1s Posts: 7 Forumite
    Well good job I did open it, otherwise I would never have know how unfairly I’ve been treated. I will persue this matter with the FOS, thanks for all your comments
This discussion has been closed.
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