Reserve fees - Original letter

[mk1979]

Hi all,

 

My situation is slightly different to the others that I have read....

 

Last May I separated from the Mrs. I telephoned Barclays to request that they did not send any statements etc to my old address but I was informed that there was no way to 'Block' the sending of correspondence. I was told that my address could be transferred once I visited the branch with proof of my new address. I spent four months living with friends who ran a pub at the time, so I was unable to produce a utility bill in my name or proof of my address because it was only temporary.

 

In the meantime the whole reserve thing came to light. I moved into a new place on September 1st and duly provided Barclays with my new details. Ever since I have been getting the dreaded £22 letter every 5 working days. My argument would be that I was not able to opt out of the 'Scheme' because I was not informed of it's existence.

 

How should I approach this with them? Obviously the fees have snowballed into a sizeable amount - I note that a relationship breakdown can be considered for charges before this reserve issue came around so should I look to include that as back-up?

 

Advice welcomed please guys.

[slick132]

Hi MK and welcome to CAG.

 

I think arguing with Barclays about this may be an uphill struggle.

 

Even if you Opted Out of their new Reserve Fee structure, I assume you would have incurred bank charges under the old regime when the a/c became "out of order".

 

I think you'd stand a better chance of arguing against the Reserve Fees on the basis of their unlawfulness.

 

Read this thread for starters - http://www.consumeractiongroup.co.uk/forum/barclays-bank/181529-right-war-bookie-barclays.html

 

Prepare a SOC (Schedule of Charges) from your statements including all charges from the last 6 years. Enter them on a Site spreadsheet and send a Prelim reclaim letter to B's.

 

When B's refuse to repay, you'll send them an LBA. You could then complain to the FOS as per Bookie's thread.

 

Read the Reclaiming Guide in Link No1 in my signature below.

[mk1979]

Hi MK and welcome to CAG.

 

I think arguing with Barclays about this may be an uphill struggle.

 

Even if you Opted Out of their new Reserve Fee structure, I assume you would have incurred bank charges under the old regime when the a/c became "out of order".

 

I think you'd stand a better chance of arguing against the Reserve Fees on the basis of their unlawfulness.

 

Read this thread for starters - http://www.consumeractiongroup.co.uk/forum/barclays-bank/181529-right-war-bookie-barclays.html

 

Prepare a SOC (Schedule of Charges) from your statements including all charges from the last 6 years. Enter them on a Site spreadsheet and send a Prelim reclaim letter to B's.

 

When B's refuse to repay, you'll send them an LBA. You could then complain to the FOS as per Bookie's thread.

 

Read the Reclaiming Guide in Link No1 in my signature below.

 

Thanks for the advice Slick. I imagined that there would be an easier way than wading in threatening court action etc. I cannot risk that route with the chance that they cut the reserve or worse cancel my OD facility as I have no means of making settlement. I am in the reserve month in, month out and by August that will have been a year of paying £22 every 5 working days.

I am also looking to reclaim PPI insurance on a loan so I may explore that avenue first. I am over the preverbial barrel with my bank account though by the sound of it.

[slick132]

You don't HAVE to threaten court action initially. You can ask the bank to refund some or all of the charges.

 

However, you say you need to keep the O/D - they're likely to remove this if you try and Opt Out.

 

They may, indeed, have you over a barrel just now. So why not keep an eye on Bookie's thread and see how that goes with FOS intervention. You could then reclaim the charges when there is some guidance or precedent.

 

Re the PPI element, start a thread for this in the PPI forum.

 

Did you incur charges on the a/c before the Reserve Fees came in?

[mk1979]

You don't HAVE to threaten court action initially. You can ask the bank to refund some or all of the charges.

 

However, you say you need to keep the O/D - they're likely to remove this if you try and Opt Out.

 

They may, indeed, have you over a barrel just now. So why not keep an eye on Bookie's thread and see how that goes with FOS intervention. You could then reclaim the charges when there is some guidance or precedent.

 

Re the PPI element, start a thread for this in the PPI forum.

 

Did you incur charges on the a/c before the Reserve Fees came in?

 

Hi Slick, I appreciate your help. To put some figures forward, the agreed OD is £2300 and the reserve £500. I cannot open a parachute account with an OD of anywhere near this amount, nor can I start to eat into the debt because on a monthly basis I am debited either £88 or £110 + additions fee + OD interest and I just get nowhere. I got as far as opening an A&L account but they could not give me the Max £2,500 OD without me supplying them with proof that I had not exceeded my limit with B's....

Even if Bookie is successful it would not make me confident enough to take the threatening route knowing full well that they could pull the plug on my OD and leave me well and truly struggling.

[slick132]

You're in a dilemma with this, I know. However, Barclays don't have a bad reputation for retaliating when charges are reclaimed.

 

Why not work out how much you've been charged in the last 6 years using a site spreadsheet. When you see how much this is, it may help you decide how to proceed.

 

If you went to the FOS and B's took away the o/d, there would be grounds to complain about that.

 

Also, if you set up a parachute a/c, you can keep it ready in case B's pull the rug. If they do, switch everything to the new a/c and leave the o/d behind. It can then be partly settled by reclaiming the charges.

 

They cannot take you to court or default you for the o/d when the balance includes their unlawful charges. Well they SHOULDN'T and, if they do, you have good grounds of defence.

 

So you don't have to stay with them and get battered month after month with their charges - this could be just the time for you to change things for the better.