Hi

I put a claim to the Ombudsman for the return of fees for my Advantage Gold account after months of wrangling with the bank over its perceived mis-sale which the bank denied.

However I received a letter from the Ombudsman who has advised that whilst they haven't looked at my case or paperwork yet the bank wants to make me an offer which constitutes of the return of my fees plus interest, less any benefit I received for the preferential loan and overdraft rates I received.

Thats fine as it stands.

However I want a lot more than that if redress is supposed to put me back in a position I would have been had I not paid those Service fees.

If I do a running total on the account from the account start,

the bank hypothetically owed me £85 in Service fees before they applied a lending charge of £25 to the account.

If you remove that charge and add subsequent Service Fees,

the next charge of £35 was again more than covered by what the bank is now prepared to return to me in Service Fees.

When you continue in this vein all of my bank charges are wiped out and i believe should be returned to me with interest.

In short we are talking about a reconstruction of the account. I hope this makes sense.

Now I believe Lou Lou probably benefited from having a running total of Services charges which facilitated the return of her bank charges which her bank returned.

However, this occurred without the intervention of the Ombudsman and my bank having previously kicked up a fuss will not want to pay me 20 x what they are offering.

(Which would be the outcome)

I believe the Ombudsman would be reluctant to do the same given that they have recommended that I take the offer as they believe it to be fair

My questions are below:

Has anybody benefited from this approach from an adjudication via the Ombudsman before when they got or sought redress?

If this level of redress has been declined by the bank and or the Ombudsman, has it been tested in court and if so what were the outcomes?

Other than Lou Lou on another site

do we know of any other cases out there where the accounts were reconstructed and lending charges returned?

The Ombudsman as not actually come up with an adjudication as yet and has asked that I wait for the bank to get back in contact with me.

I am asking the above questions in anticipation of receiving contact from the bank and I just need to determine my next steps.

Do we have any Advantage Gold/Ombudsman/redress specialists on this forum who can answer my questions? If so, please do!

Thank you

that's because we don't want that site mentioned

we've certainly seen penalty charges refunded that would not of otherwise happened following a PPI refund

but not with that were levied as a result of a PAc reclaim refunded whereby it was latterly obvious the charges would not have been levied if the PAC had not been charged , in some cases.

not heard of it with regard to PAC fees.

dx

Thanks for the response dx100uk.

It looks as though I'll be charting new territories which is not good! Ill be giving it a go nonetheless. Thanks again for the feedback.

Just to put this one to bed. I did not get any charges back but did get

£2821.65 which was Service Fees + interest.

Thanks to everybody who assisted me.

MZFRFD