You should read through Bookie's thread here - http://www.consumeractiongroup.co.uk...-barclays.html
Bookie suggests the Reserve Fees are not covered by the OFT test case because they were a significant change to their charging system.
The FSA waiver says Hardship Cases should continue to be looked at sympathetically.
Also, read MossySue's thread where Reserve Fees were repaid in full - http://www.consumeractiongroup.co.uk...-refunded.html
You could use this, adapted as you see fit:-
Dear sir or madam,
Account No xxx xxx
I refer to your letter of xxdate, in which you said you will not be making a refund of bank charges, despite my claim being made specifically because of Financial Hardship. This Financial Hardship still continues.
I must again remind you of your duty to comply with conditions agreed in the waiver of July 2007 and continuation of July 2008 between yourselves and the FSA.
I look forward to acknowledgment of this, with an undertaking that you will proceed to process it, as per the requirements of the terms agreed within the waiver.
I enclose an updated Schedule of Charges which includes all charges to date.
In view of the delay which you have already caused, if you now fail to handle this claim promptly, I will report the matter to the fos and the FSA.
If they reply saying the charges are proper and correct, or are covered by the OFT test case Stays, you can either:-
1. Complain to the FOS, as Bookie has done, but adding that your claim involves Financial Hardship.
2. Make a claim at court for a refund of the charges. Argue against a Stay on the basis that B's changed their system so the OFT test case is not applicable.
Having said this, the claim for FH will depend largely on your circumstances. There's more about this in Rory's post in MossySue's thread.