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    • BaldBrian
    • By BaldBrian 5th Apr 18, 10:29 PM
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    BaldBrian
    Where to next with Barclays?
    • #1
    • 5th Apr 18, 10:29 PM
    Where to next with Barclays? 5th Apr 18 at 10:29 PM
    Hi all – looking for a bit of advice…

    In essence, Barclays have not upheld my complaint about mis-selling a Barclays Additions Plus Account back in 2007. This in itself is clearly not the result I was hoping for, but the reasons they have stated for the rejection is what actually irritates me.

    In their summary and reasons for their decision, they have made statements about my claim which are in fact untrue. For example, I accurately stated in my original written complaint that my wife and I initially visited the branch counter to enquire about a fee-free overdraft, and ended up being invited to a face to face meeting with their Additions Plus sales person. I re-iterated the fact that we went into the branch during the follow up phone call from Barclays. Despite this, they have “identified that your application for this account was taken by phone and have investigated your complaint on this basis”.

    This suggests that they either didn’t listen to this part of my complaint, or, more likely, that they simply think that I’m lying. (I’m not).

    So, on the basis that they have not properly considered my claim, I am trying to work out the most appropriate course of action. Do I respond back to Barclays with this information (and also respond to a few other points which I have issues with), or do I now take this directly to the ombudsman, on the basis that I have given Barclays a fair chance to consider my claim?

    Any advice gratefully received,
    Many thanks.
Page 1
    • Moneyineptitude
    • By Moneyineptitude 5th Apr 18, 10:36 PM
    • 20,992 Posts
    • 11,758 Thanks
    Moneyineptitude
    • #2
    • 5th Apr 18, 10:36 PM
    • #2
    • 5th Apr 18, 10:36 PM
    In their summary and reasons for their decision, they have made statements about my claim which are in fact untrue. For example, I accurately stated in my original written complaint that my wife and I initially visited the branch counter to enquire about a fee-free overdraft, and ended up being invited to a face to face meeting with their Additions Plus sales person. I re-iterated the fact that we went into the branch during the follow up phone call from Barclays. Despite this, they have “identified that your application for this account was taken by phone and have investigated your complaint on this basis”.
    Originally posted by BaldBrian
    I doubt your memory of apparent events from 11 years ago trumps their records I'm afraid.

    Are you really going to the Ombudsman on that basis?

    I can't see you having any success, I'm afraid.

    Successful complaints about mis-sold packaged accounts focus on suitability rather than blow-by-blow accounts of the actual sale.
    • Nasqueron
    • By Nasqueron 5th Apr 18, 10:37 PM
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    Nasqueron
    • #3
    • 5th Apr 18, 10:37 PM
    • #3
    • 5th Apr 18, 10:37 PM
    If they rejected your complaint then there is little point going back to them unless you have substantial evidence that proves your point. Their system shows them you applied for the account by phone, your evidence is your world of mouth without any proof so they aren't going to change their minds on that. One of the problems with people in general is focusing on minor technicalities and thinking it's a silver bullet - the fact they disagree on how your account was opened isn't the reason they rejected the complaint is it? That was just part of their explanation.

    Look at the reasons for rejection, prepare your evidence that shows them wrong and supports your case.

    You have the right to refer to the ombudsman as they should have advised in the complaint, perhaps they will fold and autopay, perhaps they will fight. If they fight you need your evidence for the FOS to backup your case. In the absence of evidence it comes down to credibility and you don't want to be focusing on points you can't prove like how the account was opened, you need to focus on why the account wasn't suitable / wanted
    • Moneyineptitude
    • By Moneyineptitude 5th Apr 18, 10:40 PM
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    Moneyineptitude
    • #4
    • 5th Apr 18, 10:40 PM
    • #4
    • 5th Apr 18, 10:40 PM
    perhaps they will fold and autopay
    Originally posted by Nasqueron
    They won't "autopay" if they've already rejected the complaint..
    • BaldBrian
    • By BaldBrian 9th Apr 18, 10:54 AM
    • 2 Posts
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    BaldBrian
    • #5
    • 9th Apr 18, 10:54 AM
    • #5
    • 9th Apr 18, 10:54 AM
    Thanks Nasqueron and Moneyineptidude for your responses on this - I appreciate your input.

    I guess you are right, in that if their records show that the sale was completed over the phone, then any further pressing down this route won't achieve anything. I will however look to see if I still have the business card from the rep that we met with in the bank - there's a remote chance that I have this somewhere, which would help to prove at least that this is where the initial meeting was held, even if there was a follow up phone call, which I guess is where they got their records from.
    I can't blame their investigator for trusting their records over my word on this, despite the fact that I'm still bugged by it, as I know that I am right.

    All that said, I take the point that you have both made, the reasons for the mis-selling is what's important. I do have some points here that I would like to respond back to Barclays with. Namely, that the majority of the benefits offered within the packaged account weren't of any interest and were never used (EG mobile phone cover, as I only had a company phone), or that I already had cover in place (life cover, domestic emergency, tax and legal helpline, etc, again, never used). To be fair, I did once use their car breakdown service in 2010, and they have correctly referred to this in their defence.

    Anyway, I will have another look through their letter and see whether I can put together sufficient evidence from my records to offer a well supported counter to their findings.

    Thanks again.
    • Nasqueron
    • By Nasqueron 9th Apr 18, 12:18 PM
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    Nasqueron
    • #6
    • 9th Apr 18, 12:18 PM
    • #6
    • 9th Apr 18, 12:18 PM
    They won't "autopay" if they've already rejected the complaint..
    Originally posted by Moneyineptitude
    As I said, if it goes to the FOS they may fold rather than fight
    • Moneyineptitude
    • By Moneyineptitude 9th Apr 18, 1:56 PM
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    Moneyineptitude
    • #7
    • 9th Apr 18, 1:56 PM
    • #7
    • 9th Apr 18, 1:56 PM
    I guess you are right, in that if their records show that the sale was completed over the phone, then any further pressing down this route won't achieve anything.
    Originally posted by BaldBrian
    It's actually a waste of time, as even if you can prove that the packaged account was sold to you in a different manner than their records apparently show, you will be challenging an irrelevancy.


    I will however look to see if I still have the business card from the rep that we met with in the bank ....... I know that I am right.
    Originally posted by BaldBrian
    You can search for this if you want, but presenting it to the Bank or Ombudsman will not support your mis-selling case one jot.

    the reasons for the mis-selling is what's important.
    Originally posted by BaldBrian
    Exactly. Look at the reasons for rejection and if you can counter them with (preferably) documentary proof then you should present this proof to the Ombudsman. No point going back to the Bank
    I do have some points here that I would like to respond back to Barclays with. Namely, that the majority of the benefits offered within the packaged account weren't of any interest and were never used ...... I did once use their car breakdown service in 2010, and they have correctly referred to this in their defence.
    Originally posted by BaldBrian
    The latter is pretty damning I'm afraid because it clearly shows you did use some of the benefits. It also means you knew the cover which you had.

    Just to reiterate that there is no point replying to the Bank now that you have been rejected, the next stage of the complaint process is to refer it to the Ombudsman if you remain dissatisfied.

    As I said, if it goes to the FOS they may fold rather than fight
    Originally posted by Nasqueron
    That won't be an auto-payment though, the Bank would only "fold" if they considered the case might be upheld by the Ombudsman and they want to avoid also paying the FOS fee.

    An auto-payment is one made direct to the customer without the complaint being investigated and is generally where the amount of money in question falls below their floor limit for such payments. That's clearly not the case here, as the Bank have already investigated and found no wrong-doing.
    • dunstonh
    • By dunstonh 9th Apr 18, 2:05 PM
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    dunstonh
    • #8
    • 9th Apr 18, 2:05 PM
    • #8
    • 9th Apr 18, 2:05 PM
    I will however look to see if I still have the business card from the rep that we met with in the bank - there's a remote chance that I have this somewhere, which would help to prove at least that this is where the initial meeting was held, even if there was a follow up phone call, which I guess is where they got their records from.
    A business card from a bank employee proves nothing. You could have got that from a balance enquiry and had no discussion about PBAs. (not an accusation - just pointing out that it doesnt prove anything)


    Namely, that the majority of the benefits offered within the packaged account weren't of any interest and were never used (EG mobile phone cover, as I only had a company phone), or that I already had cover in place (life cover, domestic emergency, tax and legal helpline, etc, again, never used). To be fair, I did once use their car breakdown service in 2010, and they have correctly referred to this in their defence.
    You are not required to be eligible for every part of the package and often one part is all that is needed (especially if it is one of the big ticket parts like breakdown cover)

    As I said, if it goes to the FOS they may fold rather than fight
    Often with PPI but not so much with PBAs. That FOS only uphold just over 1 in 10 complaints on PBAs. So, they are more likely to favour those odds. Although with banks, anything is possible.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
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