kashie
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Posts posted by kashie
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Hello,
Had this letter from Barclays this morning -
Bank Charges Complaint
We refer to your complaint relating to bank charges which was previously stayed under the terms of the Finacial Services Authority (FSA) Waiver. We consider your original complaint to have been about a level, and accordingly the fairness or lwafulness, of these charges. The Waiver has now lapsed and we are therefore writing to you to respond to your complaint as we indicated we would do when we made you a goodwill payment to assist you with your financial difficulties.
As you will be aware from when we last wrote to you about your original complaint, we (and several other banks) enterd into agreed legal proceedings witht Office of Fair Trading in relation to bank charges on 27 July 2007 in order to determine their legality.
Following the Supreme Court decision on 25 November 2009, there is now a final outcome for these legal proceedings which means that the bank charges you have complained about do not amount to penalties at common law and that their level cannot be assessed for fairness under the Unfair Terms Consumer Contract Regulations (UTCCRs). We do not believe that there is any legal basis on which the amount of the charges can be challenged and we are satisfied that the bank charges you seek to reclaim were properly charged. The final outcome of the legal proceedings confirms our position.
We are therefore not upholding your complaint and we will not be refunding the bank charges you have complained about.
If your complaint relates to an issue other than the level of charges or you wish to discuss this matter further, please do not hesitate to contact us on the number above. You may also find the following link to our website useful in answering any questions you may have www.barclays.co.uk.
Our aim is to resolve all complaints internally, although we recognise this may not always be possible. If we are unable to agree a way forward you may be able to ask the Financial Ombudsman Service (FOS) to review your complaint and we will help you if you would like to do this. Before you decide whether or not to take your complaint to FOS, you may find it helpful to consider the information about this subject on their website FAQs complaints about bank charges.
If we do not hear from you within the next 8 weeks I will consider your complaint to be resolved and accordingly I will close our file.
Yours sincerely
Neil Henderson
Retail Banking Customer Relations Director
Ok so this is the letter -- what do I do now - I have no intention of letting this go yet as there is supposedly still hope of reclaiming.
Are there any template letter that I can use to reply???
And is there any hope of getting my money back.
I must add that I did get part settlement for financial difficulties back in May of this year.
Any help greatly appreciated - Thanks
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No probs and thanks again.
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No there was no breakdown, just a letter to say that if I didnt agree with the amount that I could go down the complaints route, ie, OFT, and just stating that it will be deducted from the total amount of charges claiming for.
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Barclays refunded £1252.50 which is roughly half the amount claiming.
No contact from them in bank account within 8 days of the 10 stated in letter.
Thanks for your help this will go along way to paying off some debts and sorting out kids uniform for september.
Thanks again.
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Thank you - will let you know what happens.
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Update - had a response from the bank today they are investigating my claim and will be in touch shortly either by phone or letter. They said investigation could take up to ten working days, and in the meantime I was entitled to contact their debt management team who might be able to help me with my financial planning.
Do you have any idea what happens next apart from sitting back and waiting for a decision?? Should someone call from the bank is there anything I should be careful NOT to say??
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Seven days - no reply, unless something arrives today, though I dont hold my breath.
So what do I need to do now? Any help please and template letters to go by are appreciated - thanks.
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Thank you - letter re written and in the post today - will keep you updated.
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I posted it to Barclays legal department - along with my financial statement and this letter;
Dear Sir/Madam,
Notice of Consideration for Hardship Status
Claim reference Number xxxxxxxxx
Account number xxxxxxxxxx
Please find attached a detailed summary of my financial standing, as evidence in support of my claim/request, be treated sympathetically and speedily in view of hardship.
In making this request, I 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.
Yours Faithfully
xxxxxxxxxxxxx
Was this correct?
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Just an update - I posted off my case for hardship to Barclays on the 19th of May, as yet I have had no response.
How long do I need to wait for a reply and if I need to chase it up what do I need to say......any help greatly appreciated.
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Just an update - it's taken me this long but I have posted off case for Hardship today.
Tried to email to various Barclays employees using emails from back in 2007, but all must have changed as all addresses were rejected.
How long do i allow them to respond??
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Ok,
Been reading up on this wiping off debt etc and come across several threads on this site about unenforcable cca.
Firstly, I have several credit cards debts, which are now in the hands of various collectors and I have been to the CAB who have arranged for me to pay back the minimal amount, which will probably take me the rest of my lifetime.
I have already claimed back the unfair charges on them all, and now curious as to how I go about finding out if there are any loopholes that may mean I can wipe these debts off completely.
I think I get that I have to write to the people who own the debt and request the CCA along with a £1 postal order, but where do I find the template letter to enable me to do this?
Also, judging by what I have read, I can probably not hold out much hope of actually recieving the CCA. If this is the case what happens then???
Any links to further information would be much appreciated.....thanks.
PS. I also have county court judgements for loans and credit cards - can i also do the same for these??
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I was told today to log on the website of my local radio station as apparently they can have all your debt wiped off credit cards that you may have attained before 1st Arpil 2007.
As I have several and have been to the CAB to arrange payments for my creditors, I logged on to see if this was right and what it was all about.
This is what it said....
FACT... if you have a credit card issued before the 1st of April 2007 you may be able to...
Claim To Cancel Your Credit Card & Clear Any Outstanding Balance On It
Did you know that credit card companies have cancelled credit cards and cleared debt as a result of unenforceable and fundamentally flawed agreements?
If a credit card contract is found to be unenforceable you may be able to...
- Claim to cancel the card and clear any outstanding balance on it
- Claim back any charges previously paid
Click here for your FREE credit card review or CALL 01642 601775
An initial conversation with one of our local representatives is at absolutely no obligation.
After reading I clicked on the link which went on to explain Terms and Conditions for the provision of services, and reading through it I noticed that they want £495 as a review fee and a further 30% of any claims that maybe successful.
I am a bit concerned that people maybe tempted to go along with this and wanted to make you aware that this advertisment is out there. I was tempted to log on in the first place thinking this might be an end to all my debt problems, but I cant see that it would be that simple, am I right to think this????
- Claim to cancel the card and clear any outstanding balance on it
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Fantastic thank you - will let you know how i get on
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Thank you for prompt reply but are there any letters that I can use to follow for enquiry?
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Hi advice needed.....watched Martin Lewis yesterday morning on GMTV, he was saying that some banks are paying part payment of claims on the grounds of hardship.
I sent in a removal of stay application in July last 2007 stating that my case was a hardship case, but this was rejected by the court. I have been on the moneysaving expert site and been given advice that I should contact the bank direct. As this site sometimes do things slightly differently I was wondering if this is the right thing to do?
My circumstances have not changed and we have been in recipt of benefit for over eight years, my husband is disabled and I was in full time education, which I had to give up to care for him and my children as the eldest has autism and the youngest has severe speech and language difficulties. We are currently dealing with the CAB to help repay credit cards (charges already reclaimed). And over the winter period had close on £800 arrears for heating due to central heating breaking down.
I want to know what I need to do and whether there is a template I can use to help with contacting the bank (if I have to) as I am always afraid I might say the wrong thing which might ruin any chance of gaining anything.
kashieView Public ProfileSend a private message to kashieFind More Posts by kashie
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I hae tried to be careful but they have since grabbed a further few charges more recently - yes!
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As far as I can remember we have been in receipt of benefits since 2000, so yes they would have been benefits only, apart from my student loan, which was paid on a termly basis. Reading notes on the FOS, I thought this was only supposed to take 3 weeks???
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Hi advice needed.....watched Martin Lewis this morning on GMTV, he says that stays are being lifted on the grounds of hardship.
I sent in a removal of stay application in July last year stating that my case was a hardship case, though not really going into any major details. I was wondering if, because this was rejected back then if I could reapply for the lift, or whether I could just go to the Ombusman to look into this for me. My circumstances have not changed and we have been in recipt of benefit for over six years, my husband is disabled and I was in full time education, which I had to give up to care for him and my children as the eldest has autism and the youngest has severe speech and language difficulties. We are currently dealing with the CAB to help repay credit cards (charges already reclaimed).
I want to know which way I need to go to lift the stay - Martin Lewis said this morning to get in touch with the bank and if they don't comply to get in touch with the Ombusman, is this correct??
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So what about our claims now? Arewe going to get our money any time soon??
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I had a letter form Citi cards the other day, informing me of a change of solicitor, maybe they do know something!!
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Bookworm,
Reading your entry #38, if things are sorted quite soon, and charges are to be paid out will I be able to claim for additional charges that have been applied since my initial claim, it only another 3x£35, but every little helps!!
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Sorry to hear your outcome, but at least now we can all start to chill a little and knowing there is nothing that can be done until the OFT outcome is announced.
I am saying this but I still have a styed claim that needs to be lifted because it is a credit card and not a bank account.
I am beginning to feel really dispondant about all this but I did have Barclaycard settle out of court this week - which is a good outcome.
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Sorry wobbles for not responding sooner. No I did not apply for stay to be lifted in this claim, (Barclaycard), as I had another claim with Citi cards that was also stayed and on filing an N244 and asking for the stay to be lifted it was refused anyway.
In this case, Barclaycard, I was advised by the nice people on this site to ask Barclaycard via email why my claim had indeed been stayed and they responded with an offer of settlement.
Udate in this case......
Offer now includes updated interest, no court fees as these did not apply to myself.
Offer signed and emailed back waiting for a a cheque which I have been told I should recieve in the next day or so.
I have informed Barclaycard that until I recieve this I will not be informing the courts of the settlement.
Hope this helps wobbles
Kashie V Barclays - what do I do now????
in Barclays Bank
Posted
Yes, I read that template letters are not available until late January (MSE) and that will only leave 4 weeks for me to reply. Dont know what to do.