It's started

**ascot-4** · 6th June 2006 20:06

OK, I got my list of charges on the 17th May, this is for a 3 year period since I have held this account.

When I requested a list of charges, I supplied no fee - I thought this may work in my favour if this ever goes to court - as a personal list of fees is definately the result of Manual Intervention, which seems to have cost them nothing - as a bonus it took only 2 days to arrive.

Here is the letter I have sent - it is a little different to the library copy.

Dear Ms Brittain,

Thank you for providing a list of charges, which I received on 17th May 2006, courtesy of your letter ref: LxxxxxxxxxZ

I now understand that the regime of "fees" which you have been applying to my account in relation to direct debit icon

refusals, exceeding overdraft icon

limits and so forth, are unlawful at Common Law, Statute and recent Consumer regulations.

The law states that you may impose a charge to cover your cost. On 5th April 2006, the Office of Fair Trading (OFT) concluded that default charges over £12 are automatically presumed to be unfair in terms of the Unfair Terms in Consumer Contract Regulations. Unfair terms are legally unenforceable.

I would draw your attention to the terms of the contract, which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

Additionally, you subscribe to the Banking Code icon

, which sates that you have a responsibility to aid customers in financial difficulty. I have perceived no "aid" in the fact that you have charged me an average in excess of £175 of taxed money each month for the past year - notwithstanding the amounts you have charged in previous years.

The effect of the accumulation of these charges is directly responsible for the conditions that led me to incur subsequent charges.

I am frankly shocked that you have operated my account in this way, as I have always reposed confidence in your integrity and expertise as my fiduciary.

I calculate that you have taken £3,350 plus £16.61 which you have charged me in interest for the sum which you have taken. Total £3,366.61

I require repayment in full of this money. If you do not comply within 14 days then I shall begin a claim against you for the full amount plus interest at 8% plus my costs and without further notice.

Furthermore, i shall submit a consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT direction of 5th April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then please seek advice from your legal department.

I will keep you posted and pledge to provide 5% of my reclaimed losses to this good site - without which I would not have done what I did today.

Similar Threads:

**natalie** · 6th June 2006 20:12

Well done in starting your claim and good luck.

Natalie

**ajh1ok** · 6th June 2006 21:09

Well done ,sent my prlimary letter yesterday.

GOOD LUCK

**ascot-4** · 11th June 2006 18:44

Would this work with Renault Finance? I have a 3 year Lease rental with them, They charge exhorbitent penalty rates- I have been unfortunate enough to be clobbered with about £600 in charges, for paying late on three occasions.

**Michael Browne** · 11th June 2006 19:42

Yep. Another £600 coming your way!

**ascot-4** · 13th June 2006 19:07

OK, I sent my request for a refund on the 6th - should I have heard something by now...?

**closey** · 14th June 2006 15:57

People have experienced different timescales.

Just remember you set the timelines. If you don't hear within the 14 days you provided move onto the next stage. If you follow all the timelines advised on this site, the bank cannot accuse you of not allowing them sufficiant time to respond.

**ascot-4** · 22nd June 2006 20:16

Got this today - what now?

19 June

I write urther to our letter of 7 June 2006 (which I have not received)

I am writing to advise you that your complaint has been passed to our head office who will contact you shortly.

They can be contacted by writing to:-

Barclays icon

Head Office Customer Relations
Floor 10
1 Churchill Place
London
E14 5HP

If you remain dissatisfied you may ultimately be able to take your complaint to the independent Financial Ombudsman icon

Service. The leaflet sent with our previous letter explains how we deal with complaints and provides details regarding the Financial Ombudsman Service.

If I do not hear from you within eight weeks from the date of this letter I will close my complaint in accordance with our usual practice.

**closey** · 23rd June 2006 08:19

Just stick to the timescales! The banks will stall at every stage.

**callumsgran** · 23rd June 2006 08:24

Go in now with your letter before action icon

, giving them another 14days, then if no joy put moneyclaim in unless of course they offer you full mount before then

**ascot-4** · 12th July 2006 09:45

I have heard nothing since a courtesy letter from Mike Brophy advising me that they are looking into this (10 days ago). I originally asked for my money back on the 6th June - giving the standard 14 days. I then received a letter from the woolwich saying this had been passed to Barclays icon

. advice...

**barracad** · 12th July 2006 09:49

Originally Posted by ascot-4

I have heard nothing since a courtesy letter from Mike Brophy advising me that they are looking into this (10 days ago). I originally asked for my money back on the 6th June - giving the standard 14 days. I then received a letter from the woolwich saying this had been passed to Barclays icon

. advice...

If you sent the prelim on the 6th June, then you should have sent the lba icon

on the 20th June, and started a claim on the 4th July. Have you done this? What advice are you looking for?

**ascot-4** · 2nd August 2006 12:31

Please be advised that I have today accepted full settlement, and will make my donation icon

to this site as soon as funds are a cleared effect in my account.

Thank you - for those of you just starting, stick with it.

**closey** · 2nd August 2006 12:50

A BIG well done to you. Congratulations.

Please remember to complete the Bank Charges Refunds Survey.

Well done again. x

**closey** · 2nd August 2006 12:55

Out of interest icon

did they attach conditions to the offer? If so what were they, and did you agree to them?

Thanks

**austenpowers** · 2nd August 2006 13:06

Congratulations!! Enjoy your money.

Reading through your thread it doesn't really say what stage you were at. If you're able to discuss then would really like to hear the order of events and at what stage you were offered your final settlement. Of course, I am fully aware of Barclays icon

/ Woolwich confidentiality clauses so you may well not be able to report back, but if you can it would be great encouragement for others. It does feel like there are very few woolwich success stories around here but I suspect that is for the above mentioned reason.

Congratulations again.

**ascot-4** · 2nd August 2006 13:19

see below

**ascot-4** · 2nd August 2006 13:30

Without being too specific about this case, I can advise as follows:

I sent just one initial letter - as described above, and was happy just to let them process my claim at their own speed (albeit slowly)

My original letter was sent to the Woolwich, was passed to Barclays icon

, and I received regular updates as to the status of their investigations, none of which required a further respons from me.

I'm guessing that this is a real issue for them at the moment - these departments will be busy with hundreds if not thousands of claims like this, due to the publicity that campaigns like this have enjoyed.

Of course, I could have gone in harder - demanded settlement in accordance with the time frame I laid out in my original letter, and threatening imminent action if my demands were not met.

However, I feared that an approach like that would have been met with a "quick-fix" offer of £600 or so, which would have required much more effort on my part to get from that position to situation I have today.

To clarify, I chose to view their updates as an indication of a full and thorough review of my complaint, rather than a delaying tactic.

Patience is a virtue.

**barracad** · 2nd August 2006 17:52

Have you received a full refund of all the charges you were asking for?

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