Natwest Adv Gold mis-sold packaged account - Dismissed as out of time!

[MrsD]

Re: Natwest Adv Gold mis-sold packaged account - Dismissed as out of time!

so called friend was probably working to an unreachable target, therefore doing deals in the pub........might be very relevant but you are right it would land friend in the shit, although i am sure that there was some complaints from actual staff about pressure to sell, might be a wee sticky point for them as they are usually very keen to sweep all past management practices under the carpet.

[Never-In-Doubt]

Re: Natwest Adv Gold mis-sold packaged account - Dismissed as out of time!

there is no time bar - this cannot be statute barred and considering you only just became aware then your complaint exists - they talk shyte, pretty much

[panther12]

Re: Natwest Adv Gold mis-sold packaged account - Dismissed as out of time!

there is no time bar - this cannot be statute barred and considering you only just became aware then your complaint exists - they talk shyte, pretty much

Exactly, a complete fob off but if that's the way they want to play then so be it, I'm still confident of a succesful outcome.

[panther12]

Re: Natwest Adv Gold mis-sold packaged account - Dismissed as out of time!

I'll be starting the ball rolling with this one and came across Di's epic thread in the bank forums.
http://forums.all-about-debt.co.uk/s...ed-reclaim-FOS
Should give me a lot of helpful tips so big thanks to Di & NiD for that.
As the bank have refused to look at the complaint on a time-bar issue, will the FOS be making a decision on the whole claim including mis selling or just whether or not it's time-barred - and if found not to be time-barred refer it back to the bank to consider the mis-selling?

[panther12]

Re: Natwest Adv Gold mis-sold packaged account - Dismissed as out of time!

This has been on my to do list since June. The banks final response letter was dated 01/06/2015 so finally got my arse into gear and fired it off to FOS before the 6 month deadline expires. Have received confirmation email so will see what happens.

[panther12]

Re: Natwest Adv Gold mis-sold packaged account - Dismissed as out of time!

Not much to update yet other than the FOS are awaiting Twatties reply and then the case will be assessed by an adjudicator. Will let you know what happens.

[Ju2908]

Re: Natwest Adv Gold mis-sold packaged account - Dismissed as out of time!

Hi
I just wondered if you had any response yet? My Mum had a pretty much identical situation to yours and the Nat West Letter she got back in September and was identical to yours saying she was too late to claim.
Will tell her to give the ombudsman a go. Nothing to lose !

[panther12]

Re: Natwest Adv Gold mis-sold packaged account - Dismissed as out of time!

Hi
I just wondered if you had any response yet? My Mum had a pretty much identical situation to yours and the Nat West Letter she got back in September and was identical to yours saying she was too late to claim.
Will tell her to give the ombudsman a go. Nothing to lose !

Hi, I chased the FOS for an update last week and although their auto-reply email said someone will be in touch within 48hrs I haven't heard anything yet. If you've received the twatwest final response letter I would definitely refer it to FOS as you've got nothing to lose and the complaint should be upheld. If Twatwest claim you are out of time because they sent you review letters therefore you should have been aware that you could bring a complaint sooner - that is total rubbish as the review letters don't tell the customer that they have actually suffered any loss as a result of mis-selling or that you have a limited period of time to raise a complaint. You need to be informed of these facts before the the 3-year period of knowledge can even start to run. Sending some glossy literature outlining the wonderful benefits of their packaged account does not start the 3 year limitation clock. When I'm back home I'll post up the relevant parts that I used to counter Twatties argument.

[Ju2908]

Re: Natwest Adv Gold mis-sold packaged account - Dismissed as out of time!

Thanks that would be great. So annoyed with them. All Mum wanted was an overdraft in 2007 and they sold her that. It was only in 2013 that they told her it was going up to £16 that she asked what she got for the money as by then she wasn't even using the overdraft. They very quickly changed the account to a non fee one !

[panther12]

Re: Natwest Adv Gold mis-sold packaged account - Dismissed as out of time!

On the FOS forms I outlined the reasons why I consider the packaged account to have been mis-sold and to bat away the Banks argument that we're out of time I said:

The Banks decision to decline my complaint is that my complaint falls outside of the time limits for making such a complaint; a complaint should be raised within six years of the event or, if later, within three years from the date one became aware they had cause to complain. The Bank asserts that by sending a “review letter” on the 29th July 2009 reminding of the benefits provided by the account, highlighting the costs of the packaged account and the terms and conditions therefore constituted the start of any limitation clock. This is simply untrue. Furthermore I am not aware of any “review letter” the Bank claim to have sent on the date stated in their letter.

From the mailings in my possession I find no reference or mention regarding the mis-selling of this packaged account to me and/or advising of my rights to make a complaint over the mis-selling and that I have a limited period of time in which to do so.

The Bank’s assertion that by simply sending out some glossy literature (indistinguishable from general junk / spam mail) highlighting the wonderful benefits of their packaged accounts and then six years later attempt to claim that this constitutes the start of any limitation statute is beyond the pale.

To counter the Banks flawed and illogical reasoning to decline my complaint, I put forward that until the customer knows that he has probably suffered a loss and that the sale was non-compliant or at least negligent, the 3-year period will not have started. A “review letter” reminding of the benefits provided by the account, highlighting the costs of the packaged account and explaining the terms and conditions does not have that effect since it does not tell the customer that he has actually suffered a loss. A “review letter” does not tell the customer that he has suffered any loss from the transaction and does not inform him that the Bank mis-sold the account. The customer must know both those things before the three year period can start to run. The glossy mailings from the Bank do not indicate to the customer that he has personally suffered any loss.

I only became aware that I had the right to complain about the mis-selling of this packaged account at the time I originally complained to the Bank in April 2015 and this was based on a random ppi phone call in which it was explained to me that as well as mis-selling ppi similar rules also applied to the mis-selling of packaged accounts. They mentioned my rights which prompted me to look into the matter further – hence I complained to the Bank at the first opportunity I became aware that I could complain.

[Never-In-Doubt]

Re: Natwest Adv Gold mis-sold packaged account - Dismissed as out of time!

^^^^ great reply.

Info -> http://www.financial-ombudsman.org.u...-accounts.html

Case Studies -> http://www.financial-ombudsman.org.u...e-studies.html

[panther12]

Re: Natwest Adv Gold mis-sold packaged account - Dismissed as out of time!

Just a little update.

Your case is waiting to be assessed by an adjudicator and we will be ready to give you our answer once we have considered all the information that we have on the case.

[Never-In-Doubt]

Re: Natwest Adv Gold mis-sold packaged account - Dismissed as out of time!

Read the case studies in the link above to ensure when the Adjudicator contacts you, that you use some of the relevant buzzwords (flaws)....

[panther12]

Re: Natwest Adv Gold mis-sold packaged account - Dismissed as out of time!

Thanks NiD, have saved the page for reference. Given how this account was aquired (at the private home address of a friend who's partner works for the bank) it'll be interesting to see what (if any) the banks case notes have to say about the sale.

[Never-In-Doubt]

Re: Natwest Adv Gold mis-sold packaged account - Dismissed as out of time!

Thanks NiD, have saved the page for reference. Given how this account was aquired (at the private home address of a friend who's partner works for the bank) it'll be interesting to see what (if any) the banks case notes have to say about the sale.