southernsoftee v Barclays

[southernsoftee]

thanks hun x

[southernsoftee]

What a nightmare!

 

So I get a letter in January with an offer. I rejected that offer over the phone, and they tell me i'll get another offer in a couple of weeks.

 

It's been 2 months, and i've still not received an offer, after me calling them every week since.

 

I then get yet another form in the post, identical to the form they sent me to fill out in January, asking me to fill it out again, so I do, and post it off immediately.

 

I called them on Friday, and was told i'd be called back the same day, as i'd not heard anything since sending the second form back.

 

No call! So will be calling yet again Monday.

 

Bloody nightmare if you ask me!

[slick132]

Hi SS and thanks for the update.

 

I rejected that offer over the phone, and they tell me i'll get another offer in a couple of weeks.

In hindsight, you should have confirmed this in writing.

 

Write once more confirming that they have clearly failed to deal with your case in accordance with the Waiver concerning Hardship cases.

 

Accordingly, if they don't make a refund acceptable to you within 14 days, you will complain to the FOS requesting a Formal Investigation, without further warning.

 

And this time, stick to your deadline and complain to the FOS.

 

[southernsoftee]

thanks x

[southernsoftee]

I was lucky enough to be given just under £2k from Barclays from the money they owed me about 6 months ago.

 

What's happening with the test case? I heard something recently that it was over soon, is that correct? I ask because they still owe me over £1k, and I could really do with it right now.

[slick132]

Hi SS,

 

Case is still on-going. Updates and discussions are here - General - The Consumer Forums

 

Delighted that you got the refund. Result!!

 

Did Barclays reconsider and refund voluntarily, or did you involve the FOS.

[southernsoftee]

I went to FOS, but they did it without them being involved. I shall look forward to it ending then, cause I need a new car and want the rest of my money lol.

[southernsoftee]

I received a letter from Barcays today, relating to the test case. I'm sure I won't be the only person who got it.

 

They're refusing to pay me back the rest of the money, saying that they don't have to because the courts say 'the charges do not amount to penalties at common law'.

 

Thoughts? What should I do now? Give up?

[slick132]

Keep an eye out for further site announcements on bank charge reclaims.

 

However, it looks like the concept of mass reclaims has ended with the last ruling from the Supreme Court and the OFT's decision NOT to pursue the matter.

 

The most likely way to win charges back now is on the issue of fairness, but fought on an individual basis.

[southernsoftee]

And how would I go about trying that course of action?

[slick132]

Discussions are going on here - General - The Consumer Forums and elsewhere on the forums.

 

[southernsoftee]

Has there been any news regarding the possibility of me finding a way of getting the remaining money from Barclays they owe me?

[slick132]

Hi SS,

 

At the moment, the only way forward it to fight your case on an individual basis.

 

Read the site announcements for further info about this:-

 

The Consumer Forums - Announcements in Forum : Barclaycard

 

The Consumer Forums - Announcements in Forum : Barclaycard

 

The Consumer Forums - Announcements in Forum : Barclaycard

 

[southernsoftee]

OK i've read all those, and printed off the 'FAQ - How do I reclaim my bank charges if they have been misrepresented' pages.

 

I've kept all the correspondence from Barclays, and I have noted on the letters that it states 'We believe the charges are legal, fair and transparent' on a letter dated 15th November 2007.

 

I don't understand what's written on the other letters, i'm not technically minded when it comes to small print and terminology though, so don't know what I have is good enough to fight my case with. I need 1-2-1 help with someone on here. If I scan the letters, would you or someone else be able to tell me whether I have a case based on what i've got from them please?

[slick132]

Scan the letters and see what advice is forthcoming.

 

[southernsoftee]

I've added 5 of the documents I have from Barclays. If there is anything written in them thsat I can use against them, as detailed above, to fight my corner, I would greatly appreciate it if someone would be able to point this out to me. I'll attach, if I can, the rest of the documents in the following message.

[southernsoftee]

The other two documents in my pile...

[slick132]

Hi SS,

 

This doc'ts you have attached are all too small to read.

 

[southernsoftee]

Can I not email them to you Slick? Cause if they're coming out small on here, that's not my fault, that's this site. They're full size on my pc.

[slick132]

Far better that they're posted on your thread for all to see and advise.

 

See here for help on posting doc'ts - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[southernsoftee]

Right, I think i've got this right, although the letters are in the wrong order for some reason, I have numbered them accordingly...

 

http://i46.photobucket.com/albums/f134/southernsoftee/Barclays2.jpg

http://i46.photobucket.com/albums/f134/southernsoftee/Barcleys2a.jpg

http://i46.photobucket.com/albums/f134/southernsoftee/Barclays1c.jpg

http://i46.photobucket.com/albums/f134/southernsoftee/Barclays1b.jpg

http://i46.photobucket.com/albums/f134/southernsoftee/Barclays1a.jpg

http://i46.photobucket.com/albums/f134/southernsoftee/Barclays1.jpg

http://i46.photobucket.com/albums/f134/southernsoftee/Barclays3.jpg[url=http://i46.photobucket.com/albums/f134/southernsoftee/Barclays3.jpg][/url]

[slick132]

Thanks for getting the legible copies onto your thread.

 

Have a look at the first 2 articles here about pursuing a claim for refund of bank charges - The Consumer Forums - Guidance notes

 

[slick132]

You may want to remove your name from the letters posted.

[southernsoftee]

As per a previous post of mine...

 

OK i've read all those, and printed off the 'FAQ - How do I reclaim my bank charges if they have been misrepresented' pages.

 

I've kept all the correspondence from Barclays, and I have noted on the letters that it states 'We believe the charges are legal, fair and transparent' on a letter dated 15th November 2007.

 

I don't understand what's written on the other letters, i'm not technically minded when it comes to small print and terminology though, so don't know what I have is good enough to fight my case with. I need 1-2-1 help with someone on here. If I scan the letters, would you or someone else be able to tell me whether I have a case based on what i've got from them please?

 

You said you would help me by pointing out any statements in these letters that would help me fight my case against them again.

[slick132]

Hi SS,

 

After all the kerfuffle in getting your documents visible here, I overlooked what was said previously. :o

 

The first letter (Letter1.jpg) from the bank tells you their charges are "..... legal, fair and transparent.". This would be evidence referred to in BankFodder's guide about Misrepresentation which says:-

 

Q. OK, I have found evidence which applies to my bank for the relevant period of my account. What do I do now?

 

A. You write to your bank, tell them that you believe that they have misrepresented the nature of their charges to you contrary to the requirements of good faith. Tell them that you now understand from the disclosures made to the Supreme Court that their charges are not at all related to their administrative costs – or that they are not fair or reasonable, but that they are excessively high and that they are intended that way to cross-subsidise their other customers.

 

Tell them that because of this you have been treated unfairly and that you want the money back.

 

So I think you should now complain to the bank once more as BF suggests. The bank, of course, will disagree with your contentions and refuse to refund. It will then be for you to issue proceedings in court.

 

If you're not prepared to go to court, then don't bother starting this up again. You will have to work without template letters and will need to have a good grasp of what you're doing and why. BF's guides should give you enough to work on but you should also consider getting the Patricia Pearl guide on court claims.