Jump to content


  • Tweets

  • Posts

    • Just to clear it up, sorry I don't make sense sometimes. I have paid £4000 £1200 of that was suppose to clear the £1200 debt.   Meaning I have sent a extra £2800 on top of my normal mainternance money.   Thank you
    • Try CPR 31.15 Possibly but a party is not compelled to disclose any documents pre allocation
    • Hi, I shown my key worker a letter that was sent to me saying that I owe £1200, she setup a standing order around 2021, this was to pay back money I owed, with my mental health status I have had complex issues to deal with and I just simply forgot about this standing order so it has been running for about 3.5 years acording to my key worker, anyway I'm not worried about the money that was sent that I call a overpayment, it went towards supporting my child's household so I am just happy with that, I am a little sad that I am being told I still owe this £1200, I have sent bank statements over 3 years worth but they have not taken away this £1200 bill and still say I owe it   Thank you
    • She did try contacting EON in the early days of the debt but they refused to speak to her because she could not pass the security checks. She didn't know the answers on an account she hadn't opened?   I also saw this article recently which could be what has happended here: Debt collection agencies in the UK are using fair means or foul to link people to an address where an unpaid debt has been run up, sometimes years after they have moved out The Guardian Anna Tims Mon 22 Apr 2024 The letter from the debt collection agency arrived out of the blue, and it was intimidating. It informed Joshua Simpson* that he owed £2,212 to Octopus Energy, and accused him of ignoring previous requests to settle the bill. If he did not stump up within 14 days, he was told, further action would be taken to recover the money. Simpson checked his Octopus account – it was in credit. Then he noticed the address where the debt had been accrued between 2022 and 2023. It was his childhood home – which his family had sold 18 years previously. "Since I was only 16 when we left the property, I was astonished that they'd linked my name [to it]," he says. "The debt collection agency insisted I provide a tenancy agreement to prove how long I've lived at my current address. I couldn't, since we bought our home. "They are now actively pursuing me for this debt, causing me a huge amount of stress. We are about to remortgage, and if this debt prevents us switching to a better deal, we will face real financial hardship." Simpson had been sucked into the shadowy world of "identity tracing", whereby investigators recruited by creditors seek to locate individuals who have moved home without paying their bills. It is an unregulated sector where anyone can set up as an agent in a back room without a licence, or scrutiny, and use fair means or foul to identify debtors. Reputable companies join a trade association that operates a code of practice, but membership is not mandatory, and mistakes are common. Last year, a teenage boy was chased for a debt of more than £900 by debt collectors acting for the energy company Ovo. A "trace agent" had somehow linked him to the debt because his parents had previously rented the property in question. An investigation by the Observer established that the debt had been run up by a subsequent tenant. The consequences of mistaken identity can be catastrophic. Individuals who are erroneously linked to a debt face, at worst, court action, bailiffs and a ruined credit rating. At best, they can endure weeks of stress and paperwork in order to prove they are not the debtor. It is estimated that 20m identity traces are made in the UK every year, many on behalf of companies that are owed money. Personal data is often obtained from credit reference agencies, which record applications for credit, and details are supposed to be verified with several different sources before being used for debt enforcement. In practice, however, this does not always happen. Simpson's details had been passed along a chain of intermediaries before the demand was issued. Octopus had given the unpaid account to a debt collection agent, which had contracted a tracing service, GBG, to find the debtor................ Full Article: https://www.theguardian.com/money/2023/oct/04/a-cry-for-help-energy-providers-play-the-villain-in-dramas-to-chill-the-blood ..............The Financial Ombudsman Service, which investigates complaints about financial firms, states that debt collection agents have to produce convincing evidence to link an individual to a debt, rather than rely on names, addresses and birth dates. According to the trade association, the Institute of Professional Investigators, an unknown number of investigators and trace agents are operating below the radar. Many more are merely inept, as data protection compliance training is not mandatory. "We have been campaigning for many, many years to try to get all private investigators regulated," says secretary general Glyn Evans.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Hardship refused with Barclays Bank


submissiveguy
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5383 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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

Link to post
Share on other sites

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

 

 

Barclays 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.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites

Barclays 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,

Link to post
Share on other sites

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 overdraft 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

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites

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

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

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"

Link to post
Share on other sites

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?

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites

I had this special reserve fee £22.00 applied to my account each time I went into my overdraft 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

Link to post
Share on other sites

I had this special reserve fee £22.00 applied to my account each time I went into my overdraft 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?

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites

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 barclays 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

Link to post
Share on other sites

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 barclays 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?

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites

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 FOS.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

yourbank" They removed my overdraft 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

Link to post
Share on other sites

Hi SG,

 

You should read through Bookie's thread here - http://www.consumeractiongroup.co.uk/forum/barclays-bank/181529-right-war-bookie-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/forum/barclays-bank/176248-hardship-reserve-charges-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.

 

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.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

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.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

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.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

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

Link to post
Share on other sites

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 Barclays?

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites

Hi SG,

 

it says clear that I no longer wish to have they special £22 reserve fee

 

What you've said here doesn't make it clear at all. This could be taken merely as an objection where you are saying, "I don't want you to charge me this fee".

 

If you want to opt out of the Reserve Fees charging system, I suggest you write :-

 

Dear sir or madam,

Account no. xxx xxxx

In case my earlier letters have not made the position clear, please accept this letter as my instruction to Opt Out of the Barclays Reserve Fees charging regime with immediate effect.

Please confirm the date from which my account will revert to the old fees system.

I look forward to hearing from you shortly.

Yours faithfully,

Send this by Rec'd Del'y or get a free Certificate of Posting at the PO when you send it by normal 1st class.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...