I have tried searching the forums regarding this question but could not find related posts so here it goes:
I have sent Barclay's Bank a formal letter requesting the bank charges back, this was sent July 2007. I did get a response on August 2007 but it wasn't what I was expecting.
So what happens now since they have not contacted me like they promised in the letter? I would really appreciate your help & guidance. They owe me over £1800, unlawfully taken during the last 5 years. I'm a student and urgently in need of the extra cash
This is the reply I received - pretty long
Dear Mr Kxxxxxx
Unauthorised Overdraft Charges ("bank charge")
We acknowledge receipt of your complaint about bank charges. We believe that your complaint concerns the level, fairness or lawfulness of the charges. If it concerns something else, such as an administrative error, please let us know.
We believe the charges are legal, fair and transparent.
However, Barclays (along with a number of other banks) has now become involved in legal proceedings with the Office of Fair Trading (“OFT”) in relation to bank charges which we believe will resolve the legal issues regarding the fairness and legality of your bank charges.
It would be our normal approach to resolve your complaint through our internal complaints process as quickly as possible. However, until the determination of the legal issues in the above proceedings, we have asked the Financial Services Authority (“FSA”) to suspend the normal timetable for dealing with bank charges complaints and the FSA has agreed to this request subject to conditions that protect your rights.
We can assume you we have registered and stored your complaint. Please retain your bank records, as this will make it easier for you to support your complaint on resolution of the test case.
Once the legal proceedings between the OFT and the banks finish, we will resolve your complaint as quickly as possible.
We are sorry that we have not been able to respond in full to your complaint now, but we (together with the FSA and the OFT) think that it is necessary to resolve the key legal issues before we decide how we should respond to your complaint.
Obviously exactly what will happen next will depend on the courts. We do no not know how long the case will take – we have promised to proceed as quickly as possible but inevitably given the importance of the issues being considered this may take many months to finally resolve. But we can assure you that once the legal proceedings are completed we will resolve your complaint as quickly as possible. If at that stage you do not agree with our conclusions you will of course be able to refer your case to the Financial Ombudsman Service (“FOS”) (or to the courts).
Given this court case we have asked both the FOS and the courts not to proceed with any other case they are hearing until the test case is resolved. FOS has indicated that as a general proposition it will indeed not proceed with cases which rely on the legal issues being considered in the test case.
Similarly you should be aware that if you choose to issue a claim in the County Courts, Barclays will immediately apply to the court for an order to stay your action until resolution of the banks proceedings with the OFT.
We will keep you updates appropriately about the proceedings with the OFT. You can also check the latest position on our website at Personal Banking - Barclays Personal Banking.
The FSA requires us to ensure that your complaint will not be adversely affected by the delay in dealing with it.
Customer Relations Advisor
Thank you so much for your time guys, I just need a guidance as to my next step.