Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #1
    Basic Account Holder submissiveguy Novitiate

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    Default Hardship refused with Barclays Bank

    Please help someone

    I sent a letter to Barclay's on Hardship for the refund of 22.00 charges that were applied to my account

    And they refuse to look into this matter, Please could someone point me to the right templet that I could use as my second and final request on hardship grounds

    Thank you


  2. #2
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    Default Re: Hardship refused with Barclays Bank

    Quote Originally Posted by submissiveguy View Post
    Please help someone

    I sent a letter to Barclay's on Hardship for the refund of 22.00 charges that were applied to my account

    And they refuse to look into this matter, Please could someone point me to the right templet that I could use as my second and final request on hardship grounds

    Thank you

    Barclaysicon won't refund the 22 under FH however you have the personal reserve so I would get rid of it. Furthermore if it's only 22 it wouldn't necessarily be looked at as FH.


  3. #3
    Basic Account Holder submissiveguy Novitiate

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    Default Re: Hardship refused with Barclays Bank

    Quote Originally Posted by yourbank View Post
    Barclaysicon won't refund the 22 under FH however you have the personal reserve so I would get rid of it. Furthermore if it's only 22 it wouldn't necessarily be looked at as FH.
    total charges I have had by this special 22.00 reserve is over 500.00 I wanted to claim this back on hardship grounds,


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    Default Re: Hardship refused with Barclays Bank

    Quote Originally Posted by submissiveguy View Post
    total charges I have had by this special 22.00 reserve is over 500.00 I wanted to claim this back on hardship grounds,
    Do you have direct debits returned as well?

    "vii.
    repeatedly exceeding a credit card or overdrafticon limit without agreement (and, in this regard, where a complainant has incurred over 500 in unauthorised overdraft charges in the previous 12 months, that is to be treated as indicative of financial difficulty)."

    It indicates hardship but may not necessarily be FH


  5. #5
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    Default Re: Hardship refused with Barclays Bank

    Did you send B's an Income and Expenditure schedule with your claim for refund?

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

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  6. #6
    Basic Account Holder submissiveguy Novitiate

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    Default Re: Hardship refused with Barclays Bank

    No I never had direct debits returned, the over draft facility charges have been building up and up,

    And yes slick132 I did send them my Income and Expenditure schedule

    But they have just refused, it and said they have a strict policy of refunding the money"


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    Default Re: Hardship refused with Barclays Bank

    Quote Originally Posted by submissiveguy View Post
    No I never had direct debits returned, the over draft facility charges have been building up and up,

    And yes slick132 I did send them my Income and Expenditure schedule

    But they have just refused, it and said they have a strict policy of refunding the money"
    It means that they will only look at charges from August 2008, right?


  8. #8
    Basic Account Holder submissiveguy Novitiate

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    Default Re: Hardship refused with Barclays Bank

    I had this special reserve fee 22.00 applied to my account each time I went into my overdrafticon facility, meaning that if I even went 5.00 in to my overdraft they would charge me 22.00 and ive had this account since July 2008


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    Default Re: Hardship refused with Barclays Bank

    Quote Originally Posted by submissiveguy View Post
    I had this special reserve fee 22.00 applied to my account each time I went into my overdrafticon facility, meaning that if I even went 5.00 in to my overdraft they would charge me 22.00 and ive had this account since July 2008
    It was an opt out service rather than an opt in service(so they allegedly sent out letters to everyone around the time the account was opened explaining that).
    Have you questioned the 22 charge before now?


  10. #10
    Basic Account Holder submissiveguy Novitiate

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    Default Re: Hardship refused with Barclays Bank

    Nope its the first time, and I was told that you could claim them back, this is the reason i sent out the letter to Barclaysicon on hardship with my income proof etc

    I have been making small payments so I don't get a default from Barclay's, but after 5 days i get another charge of 22.00 so I cant win


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    Default Re: Hardship refused with Barclays Bank

    Quote Originally Posted by submissiveguy View Post
    Nope its the first time, and I was told that you could claim them back, this is the reason i sent out the letter to Barclaysicon on hardship with my income proof etc

    I have been making small payments so I don't get a default from Barclay's, but after 5 days i get another charge of 22.00 so I cant win
    Have you still have the personal reserve? Are you aware you can get it removed and you won't get charged 22.00?


  12. #12
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    Default Re: Hardship refused with Barclays Bank

    But they have just refused, it and said they have a strict policy of refunding the money"
    I would write back and say they have a duty to consider your refund claim and, if they continue to refuse, you'll refer your case to the fosicon.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

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  13. #13
    Basic Account Holder submissiveguy Novitiate

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    Default Re: Hardship refused with Barclays Bank

    yourbank" They removed my overdrafticon facility and are still charging me 22.00 after 5 days, I own them around 400.00 and charges come over 500.00 But i no longer have this reserve


    Slick132 would there please be a letter that you could point out to me please

    thanks to you both for helping me thank you


  14. #14
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    Default Re: Hardship refused with Barclays Bank

    Hi SG,

    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 waivericon 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 fosicon and the FSA.

    Yours faithfully,

    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.


    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

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  15. #15
    Basic Account Holder submissiveguy Novitiate

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    Default Re: Hardship refused with Barclays Bank

    Slick132 Thank you so much for this, and also I will read the both topics and keep up with them, I appreciate all the help

    Regards SG


  16. #16
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    Default Re: Hardship refused with Barclays Bank

    Have you actively Opted Out of the Reserve Fees system?

    It's not clear from your comments above where you say you no longer have either the O/D facility, nor the Reserve amount.

    Have you looked at opening an a/c elsewhere - this situation may be hard to resolve with the spiralling charges. Moving a/c's sooner rather than later would be good.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

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  17. #17
    Basic Account Holder submissiveguy Novitiate

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    Default Re: Hardship refused with Barclays Bank

    slick132 I have opened a new account and also you are right i do not have O/D facility left on my account they have removed it, and the 22.00 fee they have been applying to my account after 5 days that is


  18. #18
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    Default Re: Hardship refused with Barclays Bank

    You've still not answered the Q - have you Opted Out of the Reserve Fee system, ie have you written to B's and said I want to opt out of the RF system and revert to the old fees system for my a/c.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

    If I've been helpful, please click my scales.
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  19. #19
    Basic Account Holder submissiveguy Novitiate

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    Default Re: Hardship refused with Barclays Bank

    Quote Originally Posted by slick132 View Post
    You've still not answered the Q - have you Opted Out of the Reserve Fee system, ie have you written to B's and said I want to opt out of the RF system and revert to the old fees system for my a/c.
    Yes the letter i sent them it says clear that I no longer wish to have they special 22 reserve fee, but they have ignored my request and have carried on applying the fee after 5 days


  20. #20
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    Default Re: Hardship refused with Barclays Bank

    Quote Originally Posted by submissiveguy View Post
    Yes the letter i sent them it says clear that I no longer wish to have they special 22 reserve fee, but they have ignored my request and have carried on applying the fee after 5 days
    Was it sent recorded delivery or handed to someone at Barclaysicon?



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