Barclays Additions

[adrian1972]

Hi,

 

Has anyone had any success with claiming back Additions monthly account fees? If i remember rightly i didn't sign anything to say i wanted the account in the first place

[izzitme101]

i had this problem several years ago, my normal, non fee paying account got changed without my permission.

One polite letter to head office, pointing out i had never claimed anything or used any of the extras, and that i had never agreed to it, and i got all the monthly fees back, with an apology.

Admittedly it was only 7 months of fees, but nevertheless, try a polite letter to head office first

[slick132]

Hi Adrian,

 

The subject hasn't come up much recently but, if you do a site search on the subject, you'll find loads of threads on this.

 

Write to Barclays and complain that you never asked them to open an Additions a/c, or change your a/c to Additions.

 

Ask if they would confirm exactly why this was done and tell them you'd like a full refund of all Additions charges.

 

If you have benefitted from any of the a/c features, they may argue but, more likely, they'll offer a partial refund which you can then negotiate on.

 

Keep us updated.

 

[adrian1972]

Thanks guys, great help as always. I think i've been paying the fees for at least ten years and have never used any of the supposed benefits. I'll get the letter written and sent off this weekend, watch this space

[slick132]

Jeepers,

 

That'd be worth reclaiming !!

 

If you really don't think you opted for this, you could ask them for evidence to show how and when you applied for or agreed to Add'ns.

 

I'd write to HO saying you believe your a/c was changed to Add'ns without your knowledge or consent. Would they kindly refund the amounts taken from you as you have only now realised this has been happening and you could challenge it.

 

They may offer a small refund to start with.

 

Then you can go back seeking evidence to show you opted for this. If they have none, seek the full refund.

[izzitme101]

Take note, they will also ask why you didnt query it years ago, and theyll tell you thats why you get your statements to, tho im guessing more experienced caggers here can sort that out possibly

[adrian1972]

Thanks Slick, letter posted today, see what happens

[adrian1972]

Ok,

 

Basically i've had 2 letters from Barclays asking for time etc etc. So after reading bazaars thread

http://www.consumeractiongroup.co.uk/forum/barclays-bank/189031-barclays-additions-reclaiming-charges.html#post2062557

 

i'm going to use his letter and send it this week. Also i've since found out from statements that my account was changed in October 03, without my knowledge.

Just wondering wether or not i should enclose a schedule of charges with the letter?

 

And, F.A.O of slick i read on another thread you posted on that you should ask for 8% interest s69 i believe, is this right?

 

Cheers guys

 

Adrian

[slick132]

Hi Adrian,

 

You could use a spreadsheet to list the Add'ns fees and send to B's.

 

You could ask for interest on top but they don't have to pay Statutory Interest until you File a claim at court.....

 

..... unless you claim interest in restitution at the contractual rate, in which case you'd have to claim this from the outset. I can almost guarantee B's will refuse to refund such interest and you'd have to File at court and go right up to a court date. Maybe even into court for a hearing.

 

The reason I mentioned the higher int't on Smegnog's thread was that B's apparently agreed to pay something in interest. So they may agree to refund some interest to avoid contractual int't.

[adrian1972]

Thanks again slick, i've got you.

 

Next problem, i'm doing my schedule and have got statements up to Feb 07. I need to know what month the additions fees were changed to 12.50 any ideas anyone? someone who's just got their statements i guess,

 

cheers

 

adrian

[slick132]

Sorry, not a clue.

 

If anyone else knows, hopefully they'll chip in.

 

I'll put some feelers out too ............

[saintly_1]

I will go through my statements when I get home from work today

[Bookworm]

Take note, they will also ask why you didnt query it years ago, and theyll tell you thats why you get your statements to, tho im guessing more experienced caggers here can sort that out possibly

 

Tai Hing Cotton Mill Ltd -v- Liu Chong Hing Bank Ltd [1986] AC 80

 

(Hong Kong) A client is not under a duty to check statements received from a bank. A court should not introduce a common law duty of care into an area of pre-contractual negotiations where the parties could, if they wished, have introduced such a duty by agreement but had not done so.

 

 

That should do it.

[adrian1972]

Tai Hing Cotton Mill Ltd -v- Liu Chong Hing Bank Ltd [1986] AC 80

 

(Hong Kong) A client is not under a duty to check statements received from a bank. A court should not introduce a common law duty of care into an area of pre-contractual negotiations where the parties could, if they wished, have introduced such a duty by agreement but had not done so.

 

 

That should do it.

 

lol bookworm

 

Thanks again slick and saintly, great help as always

[adrian1972]

This is the covering letter i'm going to send with the schedule, thoughts anyone?

 

cheers

 

Adrian

Request for repayment of fees

 

Dear Sir/Madam,

 

SORT CODE: xxxxx

ACCOUNT NUMBER: xxxxx

 

My request

 

I am writing to you concerning the above account and specifically relating to the 'Additions' fees you are levying on this account.

I have tried to have this rectified at branch level, but the staff appear to be untrained or unable to deal with this matter.

I am not aware that I had previously requested this 'service' from you and subsequently insist on its removal from my account. Please remove it immediately.

I require ALL charges for such 'service' refunded immediately.

 

Please note that I deem this account to be in dispute and request that no charges or interest be added to it until this matter is resolved.

Finally, please take note that this issue is in no way related to any of the provisions set out in the current High Court “Unauthorised Overdraft Charges Court Action” and as such, will be dealt with separately.

 

What I require

 

I calculate that you have taken the total of xxxx

I enclose a schedule of the fees which I am claiming with this letter.

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

 

 

Yours faithfully,

 

[slick132]

Hi Adrian,

 

I thought the above is a bit wordy and have shortened it as follows. It's up to you, of course.....

 

Dear Sir or Madam,

 

SORT CODE: xxxxx

ACCOUNT NUMBER: xxxxx

 

I refer to my above bank account and the "Additions" fees which you have charged each month since xxxdate. I am not aware of ever choosing or agreeing to this "service". I have tried to resolve this issue at branch level but they appear unable or unwilling to assist.

 

I require that you take no further Additions fees from my account.

I require a full refund of all the "Additions" fees charged to my account since xxxdate, along with an offer of compensation to reflect the unauthorised nature of these charges. I calculate that you have taken a total of £xxxx as shown on the enclosed Schedule of Charges.

Please note that I deem this account to be in dispute and request that no charges or interest be added to it until this matter is resolved.

 

This issue is in no way related to any of the provisions set out in the current High Court “Unauthorised Overdraft Charges Court Action” and, as such, should be dealt with separately.

 

I would like a full response within 14 days.

 

If you fail to respond positively by then, I shall send a Letter Before Action giving you a final 14 days to make the necessary refund. Thereafter, I shall issue County Court proceedings without further notice.

 

Yours faithfully,

[adrian1972]

Thanks slick, english wasn't my strongest subject at school

 

Still trying to find out about when the additions fees were changed, had a scout about last night but couldn't find anything, would like to get everything in the post Monday morning if possible,

 

cheers

 

Adrian

 

Edit, sorted 1st jan 09

[slick132]

Fire it off ASAP then.

 

[adrian1972]

Just a quick update on this, I sent my schedule and letter on the 31st so the 14 days is up, got my lba ready but am reluctant to post as i received a reply crossed in the post from Barclays. Basically it says that i did use the additions account as i used the free overdraft up to £250, dont know why its taken me so long to notice on my statements etc etc.

 

So i'm wordering if i should leave it until the end of the week especially as we had 2 bank holidays in between? Also the b's took another £12.50 on April 2nd when in their letter they stated that my account had been changed.

 

Sorry to go on but another thing, i asked when my account was changed to which they replied with totally the wrong date and year in fact (i found out off my statements after). Looks like they just guessed the date and the fee because that was £11.50 in the letter also. They are totally clueless

[slick132]

Hi Adrian,

 

I meant the last letter to go off to HO or Cust'r Services, but forgot to mentio this. Where did you send it and who replied.

 

I don't think their argument, that you used the overdraft, is valid. Can you say if you did use it, and were you charged int't when you went o/d.

[adrian1972]

hi slick,

 

The reply was from Kathryn Nickolls, Customer relations case manager.

 

It says in the letter...

 

At present your monthly account statements clearly state that your account is an additions account and that £11.50 is debited from your account each month. (no it aint, its £12.50). All statements issued since March 2000 have been clearly titled additions account (wrong again Oct 2003).

 

In further support of the banks decision, our records state that you have utilised your additions overdraft facility of which the first £250 has been completely interest free. The remaining overdraft (also used) has incurred a preferential interest rate.

 

Yea slick i wouldn't have been overdrawn if it wasn't for their charges in the 1st place.

 

Thoughts on my next move?

 

thanks

 

Adrian

Edited April 15, 2009 by adrian1972

[slick132]

Dear Ms Nickolls, (Spelling?)

 

Dispute re Additions account

Thank you for your letter dated xxxx.

Please send me any document which shows that I applied for, or specifically agreed to, Additions status.

If you cannot provide this, I trust you will agree to a full refund of the addittions fees as previously requested.

Yours sincerely,

[adrian1972]

Morning slick,

 

Thanks for the reply, does this sound ok to add?

 

 

Dear Ms Nickolls,

Dispute re Additions account

 

Thank you for your letter dated xxxx.

 

Please send me any document which shows that I applied for, or specifically agreed to, Additions status.

 

If you cannot provide this, I trust you will agree to a full refund of the addittions fees as previously requested.

 

I have enclosed an up to date schedule of charges i believe you took without my permission, totalling xxxx

 

I will give you a further 14 days to reflect on this after which LBA etc etc

 

Yours sincerely,

 

cheers

 

adrian

 

p.s that was the spelling on the letter but i wouldn't be surprised if a barclays employee couldn't spell their own name

[slick132]

Hi Adrian,

 

The letter looks good to go.

 

[bazaar]

How you getting on with this,

Our thread will probably be closed now, because my son is thinking of taking their offer.

I'll try to persuade him otherwise:D

http://www.consumeractiongroup.co.uk/forum/barclays-bank/189031-barclays-additions-reclaiming-charges.html#post2221442