Help needed with bank error!!!

[lizzy40]

I have a delicate issue with a Barclays business account, looking for some advise but am worried about listing on the forum due to its sensitivity can I send a private message to a modarater first to check its okay to list?

[slick132]

Hi Lizzy,

I'm not a Mod but am one of the peeps helping out on Barclays forum.

I'm also a succesful business charges reclaimer. If you're concerned because of sensitivity, PM me first and we'll see.

Slick

[blueskies]

Hi Lizzy, have sent you a PM

[lizzy40]

I have been very stressed over what has happened regarding my Business bank charges claim with Barclays. I know what I should have done and took them to court at the very beginning of my claim but I didn't so this is where I'm at. Hopefully someone can advise me what to do next?

First of all I originally started my claim in Feb 2007 for charges applied which came to approx £1500.00 the last correspondence I had from them was 27th April 2007 the letter basically stated they where sorry for the delay.

I then wrote on 18 June recorded delivery but no reply and again 11 September no reply. The September letter I also sent a copy to the ombudsman mainly because the time it was taking something didn't seem right.

Last week I had more charges applied to my business account totalling £500.00 this is what started the ball rolling.

Before the new charges where due to be applied to my account I wrote to my branch saying please don't apply any more charges to my account as I cant afford them, my business wont be able to function, you guessed it the charges were applied. I was fumming so decided to call a phone number which was on the last letter that I had from the bank regarding the original complaint. I told this banking assistant that I had sent in a complaint back in Feb and I still have not heard anything from them and now I have new charges applied to my account and asked whats going on.

She looked at my account (I'm still in shock) but she said we sent you out an offer in May 2007 I said but I didn't receive it so she checked my address details and apparently Barclays had sent the offer letter to my old PO box number which is over 7 years old and cancelled all my post comes to my business address which has done so for the last 7 years even my statments. I rang the Royal mail just to clarify what I already knew and they confirmed the box had been cancelled 7 years ago and if anything did come to that box it is retuned to sender so Barclays would have known this was a cancelled box number and should have looked into it. Why did'nt someone check this out they had managed to send other letters to me stating the delay in looking into my complaint to the correct address?

Apparently this offer letter was sent out in MAY 2007 5 months ago. Anyway Barclays said they would re sent the offer and that I should let then know in writing about the new charges and they will look into it at the same time. I was hoping someone could give me some advise on wording this letter which I need to returned when I get this long a waited offer not sure how much the offer will be four don't expect it to be for the full amount but I really don't want anything less this has been very time comsuming stressful and my business has stuffered and is still suffering...

Any advise will be appreciated.

[slick132]

Hi Lizzy,

Concentrate on making a full claim now for everything you've been charged to date. If they make an offer which you want to accept in the meantime, that's fine (but unlikely).

Follow this guide - Example Step-By-Step Instructions - Now updated to reflect the OFT court judgment

Fill in the spreadsheet including all the details required.

Print out the schedule of charges but hide the interest column.

Send new Prelim letter, then LBA 14 days after.

Stick to the timescale and you'll be fine.

Slick

[blueskies]

I will advise exactly as above but omitting the prelim letter. You have already stated your claim to them previously so all you need to do is a new LBA with the new charges and then proceed to court

[lizzy40]

I'm still waiting for my offer but would like to up date my situation.

Before I knew i had an offer waiting for me I decided to involve the FOS
I received a letter from the FOS on the 23 october however this was posted on the 4 october so my claim has moved on since then.

However a couple of comments the FOS have made I would like some advise on?

First as my account is a business and doesn't make any reference to the UTCCR court case believed it should have been looked at.

The FOS said.
As well as considering the satutory position of default bank charges under the UTCCR 1999, it is likely that the courts will also need to consider the common law position regarding penalty charges on all types of accounts. Therefore until there has been some guidance provided by the court, this service will not be able to take any such cases further at this stage.

My second point which is of hardship the FOS have said.
This means we are only able to take forward cases where a complainant is currently incurring charges on their account (which I am), which are causing existing financial difficulites (Which it is). It does not apply in cases where a complaintant may be suffering from difficulties unrelated to the account in question, but believes that a refund of charges may alleviate the problems.

Of cause it will alleviate the problem if the charges are refunded?

I don't understand?

Can anyone explain what they mean regarding the hardship case?

[slick132]

Hi Lzzy,

Have you re-started the reclaim process I set out in post #5 above by sending your LBA.

While the FOS should NOT reject your case because it is a BUSINESS a/c, you may find it easier to take the Court route and File claim at your local County Court.

The FOS definition of Hardship may differ from your own and this is another reason to file at court ASAP. The Court should NOT Stay a business claim.

Slick

[lizzy40]

Hi slick132 no I haven't started a new claim yet for the recent charges because due to the mix up regarding my original claim Barclays said when I get the original offer which has been sitting waiting for me for 4 months return it adding the new charges which have been since applied so thats what I have done. Wishful thinking that they will refund everything! If I haven't heard by the end of next week I will commence a new claim.

You mention that the FOS shouldn't reject my claim because its a business but they have?

You also mention the FOS's defination may be different to mine but there must be a right and a wrong?

I received a letter from my bank manager today regarding my over drawn balance of £500 which needs to be repaid within 7 days this amount is made up of charges so is this not classed as hardship!!!!

Its frastrating the FOS I thought where there to help?

Thanks for you time.

Lizzy

[slick132]

Hi Lizzy,

Experience from this forum tells me not to trust the bank re promises of "looking into your complaint" and "will reply fully within 8 weeks". That is why I think you should start your claim ASAP.

By all means, wait to see if you get a useful response - I really hope you do - just don't be surprised if it doesn't come.

Have you pointed out to FOS that yours is a business claim and is not concerned with the outcome of OFT case.

I don't think there is a black and white definition of hardship and I'm certainly not questioning if you are suffering it. I know, however, that many have tried to have stays removed on the grounds of hardship and judges have not agreed. How the FOS decides - who knows - but it isn't a case of right or wrong.

Re bank chasing for clearance of your o/d, you should be able to stop or at least stall them using the OFT Debt Collection Guidlines. Have a look here - http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf - section 2.8(k) may help if you are reclaiming unlawful charges.

This would perhaps be more effective if your case were back on track with your LBA reclaiming all charges to date.

[lizzy40]

I think your right slick132 most experiences on this forum do result in un kept promises by the banks. I will call them tomorrow to find out whats happening.

Yes I have pointed out to the FOS regarding a business claim I said that my complaint didn't mention the UTTCCR 1999 OFT court case and therefore should be look at, this is what they said:

As well as considering the satutory position of default bank charges under the UTCCR 1999, it is likely that the courts will also need to consider the common law position regarding penalty charges on all types of accounts. Therefore until there has been some guidance provided by the court, this service will not be able to take any such cases further at this stage.

Thanks for the link I will check this out.

Lizzy

[slick132]

Lizzy,

Thanks for your PM. I'm posting the main content of it below, so it's on your thread so others can help you if nec'y.

I've edited down the content slightly to avoid identifying exactly what has been done and by whom. Blueskies (Mod) has seen full version of your PM.

Quote from Lizzy's PM 28th Oct 2007:-

" I cant mention this bit on my thread as above will refresh your memory.

Well this letter I recieved yesterday regarding my account being over drawn was from my branch manager EDITED.

I rang him last Thursday but he wasn't their so left a message for him to return my call. He did the following day EDITED.

Anyway as he was not in the office couldn't do anything so he said he would call me back on Monday but didn't. This letter that I got was dated Wednesday but I recieved it Saturday.

Now this letter does look like a standard letter that would get sent out automaticly but it has his name on it and it also asked for me to call him but I'm waiting for him to return my call. He knows whats happening with my account he knows I have a refund of at least £1000 which will fetch my account back in line although its bank charge money which is my money again I'm owing them.

Under the cerconstances you would think that he would allow an overdraft facility to tie me over untill my refund comes through as I will no doubt have more charges added to my account on top of charges already added in September its like a vicious circle...

EDITED "

[slick132]

Lizzy,

I've little to add beyond what I put in post #10 above.

The bank have not re-issued the offer which they sent to your old address - it may be worth a further phone call to chase them on this but they are unlikely to offer you a full refund in any event.

The FOS are not going to help you further at this stage from the tone of their response.

That's why I think it's important for you to progress your claim with the bank, NOW !

If an acceptable offer is made to you before you File your claim at Court, you can take it and drop your current claim.

[lizzy40]

Up dated information.

Spoke with my bank manager today regarding the letter recieved Saturday for being over drawn and giving me 10 days to repay this money or my account will be passed to recovery unit.

Although this over drawn amount is all made of penalty charges.

Manager cant give me an over draft facility just tell my first claim refund comes through. Barclays have said they will honer this refund as they sent it to me in May but I didn't recieved it (Read full thread this will explain all).

My manager will contact the recovery unit to try and delay action while I'm waiting for my original offer.

However my manager cant help regarding the new charges that have been applied all he can do is offer a restructed loan so in theory they will be earning money on top of my money this doesn't seem fair.

This is hard work....

[slick132]

Lizzy,

IF any offer comes through from bank, it will only be a partial offer in reply to the amount you first claimed.

You started reclaiming approx 1500 in Feb. What chgs have you suffered since. I suspect you should claim everthing to date.

Update your SOC and this should be sent with LBA for the full current amount.

You need to quantify and formalise this claim to get the protection of the OFT Debt Collection Guidelines and stop the bank taking recovery action or closing your a/c.