This is the letter I've drafted for the Financial Ombudsman. I would appreciate feedback or rewording (I'm a not a terribly good writer!) --- Sir On 24 April 2009 I visited my local Barclays to pay my rent. I told the cashier I wanted to transfer £680 to my Landlord from my account and with cash. The cashier checked my balance and confirmed I had insufficient funds and that I would need more cash, at which time I presented him with £60. The cashier handled my cash first. I gave no direction to the cashier on how to complete my transaction, other than the details of my Landlord. Complaint My statements show on 27 April 2009 a cash deposit dated 24 April 2009. My balance was over the agreed overdraft between the 24 April and 27 April by approximately £50. It has recently come to my attention that I have incurred a £22 reserve fee because of my April transaction. I have disputed the charge and reserved right to reclaim it and all direct loss arising from it. My reason for writing is that Barclays have resolved my complaint in a manor that is barely satisfactory. Unreasonableness I find the charge entirely unreasonable having had the full amount in cash and credit that at the counter, at the time I agreed to make the transfer (the cash was processed first). When I was informed I had insufficient funds to cover the transfer, I was not made aware that I would incur any charges from part payment in cash. I have made similar deposits and payments with Barclays and other banks in the past and never faced an issue like this. Duty of care I believe that Barclays are under a strong duty of care, arising from a special relationship of utmost faith, to handle my account in a manner that is consistent with my reasonable wishes. This consumer relationship, being vastly inequal in bargaining power, would imply from a strict objective perspective that the bank would not process my account in such a way to cause me to incur a penalising charge or breach of contract. Further, I believe Barclays are estopped from recovering against me for a fault caused by their breach of this relationship. Failings I believe there are several failings in how I have been dealt with. Firstly, I believe the cashier processed my transfer incorrectly. The most reasonable method would be to have withdrawn £620 in cash from my account, coupled with my £60 cash, made a BACS or GRIO transfer of £680. Secondly, I believe recent changes to the way Barclays operate have been installed to make it more likely customers will breach their agreed overdraft/incur penalty charges in situations like this. My local branch has recently been refurbished, no longer having traditional cashier windows in favour of an open desk and cash dropbox. Coupled with a computer system which processes unreasonably processes debit before credit, I believe the bank artificially delays automated transfers in order to cause customers to incur such charges. Thirdly, Barclays have introduced a new “service” to current account holders where they provide an additional buffer of £150 over their agreed overdraft limit. This service began at the end of August in response to the inherent unfairness of penalty clauses and the corresponding reduction of these charges, from ~£20 to £8. I believe this service has been inappropriately applied to my account from a problem that arose in April. Further more, given how onerous this service is, I do not believe I have reasonably given my reasonable assent to it – I have not given express consent by way of signature. It is unreasonable for Barclays to incorporate such a service, and its oblgiations by way of notice into my exist relationship given the duress imposed by my overdraft: I am unable to simply “leave” Barclays. Finally, the general unwillingness/inability of those involved to resolve my problem at the bank, without having to resort to a complaint, was utterly unreasonable. Barclays' response On 10 June 2009, I was telephoned by Barlcays customer services after my in-branch complaint the day before, and told the £22 charge had been refunded because the cashier had not informed me that I would have incurred a charge. I find the resolution acceptable but not an admission of the failings I have outlined above. Appropriate action I write to you because I feel that Barclays have serious failings in their capacity to address customer complaints about such matters, and their actions are contrary to their duty of good faith. Yours faithfully My Name Here

my council has tried a similar trick. you are taxed on a daily basis per s.2(1) Local Government Finance Act 1992. have them change the start of the taxable period to the date you finish your course - graduation in most cases.

trying to bump my council tax issue.

As a side note, ... my "rapid" reclaim just took 7 weeks to process. You could also apply for a work "taster", where you can continue to have JSA paid for 2 weeks while an employer trials you (for free). I forget the name of the actual programme.

Greetings all. I've found this site to be invaluable recently. I have two questions: one on housing benefit, and the other on how I should limit my c tax liability. I was a student until the middle of september (my course started at the beginning of) when my results crystalised and it meant that I could not continue until next year. Since then I have been looking for a job - any job, litterally anything that doesn't involve poo (if you need a C++ computer programmer/failed law student, I'm your man!). I have been unsuccessful in finding a job to date. I am 24, living in a 2 bedroom (1 en suite), 1 bathroom, kitchen/living room combo. My housing benefit claim initially covered my entire rent - at £85pw. I missed an appointment and had to reapply at the start of the year. I have been paid £65pw since then. (7 weeks to re-register me, and I had to demand £65 on nil-income status until i was registered: it took a very stern letter quoting the DWP site guidelines). I've now learned that my £85pw rate was a discretionary payment and valid of only 13 weeks as it was the first time I'd claimed housing benefit, and that I am only entitled to £65pw because of my age/situ. Had I been aware of this during the first 13 weeks, I would not have agreed to stay for the rest of the year in my current accomodation. Further more, I have had to wait since the 29th December just for my claim to be accepted in order to visit the claims desk to be told this. I have asked for and been given a descretionary payment form - my question is, do I have a good case to make up the difference in rent - £80 a month! - that I can illaford on JSA? My ctax issue: My landlord - owner of the leasehold - is a student. Because I am now not a student, he has become liable for 100% of the council tax following the liability hierarchy. Tax credits are only applicable to liable persons. I believe i can get a 25% reduction on his bill as a second adult rebate. Are there any other credits availible? Do liable students get a 25% rebate under class N? Is there any way I can become liable and apply my council tax credits and still receive JSA and housing benefit? ie: if I were to purchase a 1x1 cm section of the property under leasehold (via deed per the LPA) from my landlord, would I then be on the same liability tier and be able to apply my credits? I think it is utterly unfair that my landlord (and friend) who is generous enough to offer me a room, in a decent location, for a huge discount, is forced to pay tax, where he normally wouldn't, because my status has changed beyond his control. If he didnt own the leasehold, or we were married/cohabiting (or even Scottish by my interpretation of the ctax student wording), he wouldn't have to pay. It's a fleecing loophole. Thanks in advance, mawt.

Greetings I have a problem with a manufacturers returns company (not the original seller) who have given me their "final decision". I'm a law student, but unfortunately I'm not a very good one (I'm due to resit contract). Any help would be appreciated. 04/2005 I ordered a part for my computer - a power supply unit (PSU). These are generally not expensive, however the unit I chose is a premium model - it received a "reliability" award when reviewed. Late 2007 I RMA'ed the PSU because it failed. In February 2008, a mere 3 days after having installed the replacement unit, it also failed in an identical fashion. I requested another RMA number February 2008 but promptly forgot about it. (nb: the fault with the the PSU is known to the manufacturer and their forum is full of people claiming about this issue. I believe there are unreliable components or a design flaw.) Last week I applied to RMA the PSU having found it. I have been told by the returns company that: * the replacement I received end of 2007 did not come with a warranty. * the RMA from February has expired since their RMA T&Cs have a 30 day limitation period that I accepted when applying to RMA the unit. * the existing warranty of 36 months has expired since I purchased the unit in 2005. I believe delay on my part does not reasonably prejudice my February claim since this claim was within my warranty period. Because of my own acquiescence there is no point in me perusing that avenue. Nonetheless, I believe that under the Sale of Consumer Goods and Associated Guarantees Directive I have a statuary claim. As I read it... I can claim within a period of 6 years if the goods are of unsatisfactory quality/fault (as implied from the SGA). The burden of proving the fault lies with me given I purchased the unit in 2005. As a consumer I have the right to claim damages amounting to the cost of the unit or alternatively seek repair. My queries are: (do not feel obliged to answer all of them!) * do I have a statuary claim with the replacement unit? * they claim the replacement unit is supplied with no warranty - is this true? * as they are the manufacturers' official UK 'repairer company', and not the original sales website, do I even have privity? * should I claim against the original seller instead? * they claim that because I failed to return the unit within the 30 day period from my February RMA claim, they are no longer liable, because I agreed to a limitation of 30 days in their RMA returns T&Cs. Is this not an unfair contractual limitation clause per UCTA? * do I have any other course of action available to me? Thanks! mawt