Barclays Reserve Fees & Hardship

[GASS]

Hi all,

 

I want to start a claim against Barclays for the unpaid DD's and the reserve fees DUE to hardship.

 

It's quite eveident from the statements that we are in trouble and I have drafted my SOC and the letter to them asking for the charges back, My question is this, is it worth me pre-empting the question of filling in an I&E form by sending one with the prelim letter. I don't want this to drag on and on as I need cash now not in 2 or 3 months time.....

 

I have applied to a company for an IVA and the ball will hopefully start rolling in the next few weeks when I get all my paper work back to them, do I also tell Barclays of this in my letter?

 

 

 

Ta

 

GASS:confused:

[slick132]

Hi Gass,

 

Yes, send the I&E schedule with the reclaim letter as this may save you valuable time.

 

I don't know if you should mention the IVA, or not.

[GASS]

Yep, thought that best option, just trotting off to the post office now - recorded delivery of course.

 

Gass:D

[GASS]

Hi all

 

Just had letter from Barclays saying even though in Financial Hardship that they are unwilling to refund any of the charges, they had an I&E sheet with the letter.

 

The letter quotes

"operates a strict refunds policy, we only refund these fees if a bank error or fraudulent activity occures.

 

I appreciate that you are currently finding it hard to manage your account, but we follow the above plicy to ensure that our customers receive equal treatment. As I cannot see any obvious bank error I am unable to offer you a refund of these fees."

 

what's the best course of action now, we are in the process of the IVA, but have not mentioned this to Barclays.

[slick132]

I'd go back to B's and say you understand they have a duty to review your case in accordance with the FSA Waiver, whilst the OFT is ongoing.

 

Tell them if they do not consider your claim fully, the matter will be reported to the FOS and the FSA.

 

Ask them to act swiftly because of the delays that have occurred so far.

[GASS]

Right next steps,

 

I have written to B's as much as slick132 had sugested, I have now received 3 letters from B's

 

1st one is dated 29th July - now acknowledging our complaint re unathorised overdraft charges and our claim of financial difficulty, they will be looking into the claim and it may take up to 10 working days.

 

2nd - is dated 29th July also, stating they have received our letter and sorry to hear about the financial difficulties, they state that a seperate letter in relation to the personal reserve will be sent to us, this letter also goes on about the charges being legal, fair and transparent.

 

3rd - letter dated 29th July as well and in same envelope as 2nd letter, this one goes on about the Reserve charges and the introduction of the personal reserve and that they will not be offering any refund in response to our complaint

 

So how do I progress this, do I wait till they come back about the financial hardship, has anyone got their Reserve Fees returned?

 

This is like a cat and mouse game......

[slick132]

Well it looks to me like they've replied already without needing the extra 10 days.

 

I'd pass this on to the FOS now, and drop B's a letter saying, "In view of your refusal to properly consider my claim under the Hardship Waiver, a complaint has now been made to the FOS."

 

Send the FOS copies of relevant letter and the I&E schedule and ask them to investigate why B's won't properly consider your claim for a refund of charges.

 

MossySue's thread is an example of Reserve Fees being refunded - http://www.consumeractiongroup.co.uk/forum/barclays-bank/176248-hardship-reserve-charges-refunded.html

[yourbank]

Well it looks to me like they've replied already without needing the extra 10 days.

 

I'd pass this on to the FOS now, and drop B's a letter saying, "In view of your refusal to properly consider my claim under the Hardship Waiver, a complaint has now been made to the FOS."

 

Send the FOS copies of relevant letter and the I&E schedule and ask them to investigate why B's won't properly consider your claim for a refund of charges.

 

MossySue's thread is an example of Reserve Fees being refunded - http://www.consumeractiongroup.co.uk/forum/barclays-bank/176248-hardship-reserve-charges-refunded.html

 

Slick if the OP simply does that then he will await for months because the FOS will write to Barclays asking for the very same information that the OP requires. It will be protracted and they might not even get a decision for months. The OP needs a financial hardship closure letter from barclays which means that Barclays have to decide whether it is a Yeah or a Nay or an interim and the reasons why.

[slick132]

That's what I assumed this to be:-

 

3rd - letter dated 29th July as well and in same envelope as 2nd letter, this one goes on about the Reserve charges and the introduction of the personal reserve and that they will not be offering any refund in response to our complaint

 

GASS, please confirm if their letter said, "You may consider this our Final Response" or anything similar.

[GASS]

Hi Guys,

 

Sorry not to respond earlier, I have received another letter today from B's, they have said

 

"Having receiwed the information available, I confirm I have accepted your claim of financial difficulty which will be paid as detailed below.

 

I confirm the sum of £45 will be transferred to your account number xxxxxxx today as a gesture of goodwill. I have now closed your financialy difficulty claim.

 

In addition to this gesture of goodwill we may also be ablt to provide guidance to assit yo in other ways, please contact our specialist team etc. etc.

 

Your complaint regarding unauthorised overdraft charges will be dealt with once the legal proceedings between banks and the OFT are concluded. Your complaint reference number is xxxxxx In the event that we are ordered whether by a court or a regulatory body or otherwise to make any payment in respect of your complain, such payment will be made net of the gesture of goodwill payment we are now making.

 

Should you be dissatisfied with this outcome, I am obliged by our regulators, the FSA, to bring to your attention your referral rights to the FOS,

 

For the purpose of the FOS, our complaint prcedure has been exhausted and you may consider this letter to be our "final response" to your financial difficulty claim, Please note , you have 6 months from the date of this letter to refer your claim to the FSO for investigation.

 

 

Okay so what do I do now?

[GASS]

Oh I forgot, do I say anyhting to FOS about the IVA that we are have had to embark on? Would that add weight behind the claim as well now.

[slick132]

Hi Gass,

 

How does the £45 offered compare to the total default charges made to the a/c.

 

If there are any older charges (ie, pre-Reserve Fees) what amount is older chgs and what is Reserve Fees.

 

When you write to FOS, confirm about the IVA to back up your claim to Hardship.

[GASS]

Well up untill 23 June the amount taken in both chgs and Reserve fees is approx £788, n have not added the most recent on, but just by quick reckoning, would be up to £900ish.

 

We are trying so hard to cut back on things and have been caught up in the viscious circle of money in, fees paid no money left.

 

The £45.00 was eaten up by chgs,so was of no benefit to us at all.

 

This all started when partners business dried up in October last year, otherwise we did not have any chgs or anything added to the account.

[yourbank]

Well up untill 23 June the amount taken in both chgs and Reserve fees is approx £788, n have not added the most recent on, but just by quick reckoning, would be up to £900ish.

 

We are trying so hard to cut back on things and have been caught up in the viscious circle of money in, fees paid no money left.

 

The £45.00 was eaten up by chgs,so was of no benefit to us at all.

 

This all started when partners business dried up in October last year, otherwise we did not have any chgs or anything added to the account.

Do you still have the reserve on your account?

You need to get rid of the reserve since it will eat up £88.00 a month potentially.

[GASS]

I have a letter ready to hand deliver on Monday to cancel the reserve. being quite clear that we don't want it.

[yourbank]

I have a letter ready to hand deliver on Monday to cancel the reserve. being quite clear that we don't want it.

The information I have is that the branch will not cancel the reserve if you are using it or within it but telephone banking can do that.

[slick132]

Get your complaint off to the FOS asap.

 

Enclose copies of your letters to and from the bank, plus the I&E list.

 

Ask FOS to intervene about Barclays refusal to refund fully when it's clear you're suffering Financial Hardship.

 

As well as reviewing if Opting Out is your best move, have you looked at opening a parachute a/c to get you away from the cycle of charges eating up money paid in.

[GASS]

RIGHT where do I start with FOS, I have just had my statement in and the B****** have added £100 in charges, sending me way over the reserve, then rejecting a DD that would have been easily covered in the reserve.

 

WHAT do I say in my letter to FOS, can I do it via email?

 

 

aaarrgghhh, doesn't help that just been paid and work have not paid me correctly £500 short .....

[GASS]

OKay - I have found the FOS website and the form to fill in. This is what I am intending to put - is this okay or do I need to beef it up more, any suggestions please:

Since October 2008, we have encountered fees from Barclays on our current account.

I have contacted Barclays on several occasions and have requested the refund of the fees due to FINANCIAL HARDSHIP. Initially the claim of Financial Hardship was ignored.

I evidenced the claim with an Income & Expenditure sheet and listed the amount of fees that had been applied to the account. Some of these fees have been what Barclays now call Reserve Fees – my understanding is that we were wrote to prior to the commencement of the Reserve Fees on the account, however I have no such letter in my possession and do not recall this ever being received.

I feel that the fees (Reserve or otherwise) are unfair and have pushed us further into the necessity of using the Reserve and have not aided our financial situation.

After contacting Barclays again and reiterating our Financial Hardship – we have received a response which acknowledges our Financial Hardship and as a Goodwill Gesture refunded £45.00 to our account. I find this amount rather insulting as it was of no benefit and was immediately swallowed by charges to the account.

We believe that our personal circumstances fall within the category of Financial hardship because of a change in working status and change in salary and consequently we have now found ourselves in arrears with priority creditors such as council tax, water rates and others

We have not ignored our Financial Situation, and have indeed sought advice and assistance - which has resulted in us setting up an IVA, and our Creditor Meeting is this week 28th August 2009.

I don’t feel that we have been treated fairly with our request for a full refund, when it is quite clear that we are in financial hardship.

[slick132]

my understanding is that we were written to prior to the commencement of the Reserve Fees on the account, however I have no such letter in my possession and do not recall this ever being received.

I'd leave out this part as Barclays shouted long and hard about the new Reserve Fees structure. They wrote to all customers and mentioned it on account statements so we were all forewarned.

 

If you do leave it in, change WROTE to WRITTEN as shown.

 

Also, mention that you undestand that B's are bound by the terms of the Waivers agreed with the FSA concerning cases of Financial Hardship.

 

[GASS]

Fab, thanks will get sorted and sent tomorrow.

[GASS]

Quick update,

 

Had confirmation from Ombudsman that they will be looking at the case in the next 2 months as they are receiving high volume of similar cases.

 

In the mean time Barclays still adding fees and have ignored my request to remove the facility (Reserve fee) do I update the Ombudsman on the extra amounts added and the fact not removed the facility.

 

I am looking to open another bankaccount away from Barclays to get out of the cycle of charges etc.... Job for next week.

[yourbank]

Quick update,

 

Had confirmation from Ombudsman that they will be looking at the case in the next 2 months as they are receiving high volume of similar cases.

 

In the mean time Barclays still adding fees and have ignored my request to remove the facility (Reserve fee) do I update the Ombudsman on the extra amounts added and the fact not removed the facility.

 

I am looking to open another bankaccount away from Barclays to get out of the cycle of charges etc.... Job for next week.

You need to speak to telephone banking who can remove the reserve from the account which unfortunately branches are unable to do if it is within the reserve.

 

and as a complete aside: you're in my neck of the woods

[GASS]

Thanks yourbank, will contact telephone banking.

 

In the process of new account being set up.......

 

Lovely part of the country aint it???

[GASS]

No News yet..... still waiting for outcome.....