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Mrs Rhino69 -v- Barclays Reserve


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My Wife recently sent a letter to Ms Deanna Oppenheimer Chief Executive, Retail Banking, Barclays Bank PLC, I Churchill Place Canary Wharf, London E14 5HP expressing opposition to these charges and claiming a refund unless they showed conclusive proof that they were fair.

 

I sent the letter by Recorded Delivery on 29 April and received this reply today (14 May)

 

Shown with contact details.

 

 

Freepost RLTA-CSUE-TCHC

Head Office Customer Relations

London

E14 5HP

 

0800 282390

Fax 020 7116 7563

 

QUOTE:

 

Thank you for your letter of 28 April addressed to Deanna Oppenheimer. Ms Oppenheimer has passed your complaint to me and asked that I respond on her behalf.

 

I am sorry that you are unhappy with the £22 Personal Reserve Fee applied to your account.

Having reviewed your account, I must disagree with your suggestion that you have been charged and that this exceeds the cost of processing your transaction.

 

The Personal Reserve Service, which was introduced in August 2008 is a facility which enableds (sic) qualifying customers to make use of a reserve limit in addition to any authorised overdraft they may hold. Customers were sent details of the Personal reserve Limit available to them and the fees they could expect to pay for using the service, Letters were sent out in June and July 2008. We have no record of your letter being spoiled i.e. damaged when it was originally printed, as any spoiled letters were re printed at the end of each mailing run.

 

In addition to the personal letters issued there was extensive press coverage together with adverts in national newspapers to support these changes. We also included messages in customers' statements throughout July and August.

 

For those customers who use our branch network we arranged for in branch marketing material to be available in addition to briefing all our customer contact staff, including our telephone banking advisors, to talk to customers about the Personal reserve Service. In addition for customers who do not use our branch network we also ensured this information was relayed through our online website service.

 

Our Personal reserve Service is clear and transparent and provides an additional service to customers with short term borrowing needs. Customers had the oppotunity to opt out of the service prior to it being launched and as you know, are able to elect to have it removed from their account at any time.

 

I have reviewed your account performance and am satisfied the Personal Reserve fee was correctly applied to your account following a card payment to W M Morrison PLC. On the basis that the changes were communicated to you and that you were given a notice period of at least 30 days to opt out, we believe the fee has been validly applied to your account and are therefore not in a position to refund you.

 

I appreciate that this may not be the response that you were hoping for and confirm that you may now refer this matter to the Financial Ombudsman Service for review. I have enclosed a leaflet that provides further information on the service they provide should you wish to pursue this option. Please note that you will need to refer this matter to the Financial Ombudsman within 6 months of the date of this letter.

 

I am obliged to inform you that I do not believe that the Financial Ombudsman Service will uphold your complaint as it relates to a commercial decision by the bank about the terms under which it is prepared to do business; however that id for the Financial Ombudsman to decide. (Damn Right it is!)

 

 

 

Yous Sincerely,

 

(Signed)

 

Jo Fussel

Customer Relations Manager

Executive Support Team

 

Telephone 0207 116 4386

 

Unquote.

 

 

My Argument is this:

 

My wife did not agree to, or sign a contract agreeing to these charges and that these were initiated because she did not 'Opt out'

 

If my wife sent a CCA request for a signed agreement to the bank that they obviously could not supply, do the same rules apply under the new OFT guidelines???

Edited by Rhino69
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The problem is that the reserve was an opt out service rather than an opt in service. I hope you have cancelled the service btw.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Hi Rhino,

 

I've put your post into your own thread to avoid hijacking another.

 

Barclays would argue that there was so much info put out before the Reserve Fees started, you had every opportunity to opt out if you wanted to, at that time.

 

A CCA request is really not appropriate for a bank current a/c.

 

Read this thread and keep an eye on developments there - http://www.consumeractiongroup.co.uk/forum/barclays-bank/181529-right-war-bookie-barclays.html

 

:)

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Obviously,I'm not an expert on this, but surely, unless Barclays can show a true signed copy of an agreement that my wife agreed to this Reserve (Which she did not!) are they breaking contract law?

 

Otherwise, why can't customers send a letter to Barclays to say that Barclays will be charged £22 for each time that they fail to respond to customers compaints unless they choose to 'Opt Out!'

 

We Should write our own 'Terms and Conditions!'

 

Grrrr!

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No, cos they varied the contract and allegedly sent something out to tell her that or sent her something in some form of medium.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Hi Rhino,

 

"Don't get angry, get even."

 

Surely the point is that Barclays made everyone aware of the new changes. Whether you accepted them positively, or by default, matters not.

 

Watch Bookies thread and you may find a way to at least get even with Barclays.

We could do with some help from you

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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I have just looked up the definition of 'USURY'

 

1 : the lending of money with an interest charge for its use; especially : the lending of money at exorbitant interest rates

2 : an unconscionable or exorbitant rate or amount of interest; specifically : interest in excess of a legal rate charged to a borrower for the use of money

 

Following receipt of the letter from Barclays about this charge for going over the O/D limit by less than £2.00, £20,00 was paid into my wife's account two days later (Within their 5 day limit).

 

Even Loan Sharks only charge 10-20% of the amounr borrowed, so why should Barlclays not be charged with Usury or Loan Sharking???

 

Barclays maintain that this Reserve Fee was initiated because my wife did not choose to 'Opt Out'.

 

I think that I shall now write to Barclays and say that I shall charge them £30.00 for each letter that they send me unless they choose to 'Opt Out'!

 

Rhinoceros nunquam victus ab hoste cedit.

 

The rhinoceros never turns away defeated from the enemy.

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