Hardship refused with Barclays Bank

[submissiveguy]

Please help someone

 

I sent a letter to Barclay's on Hardship for the refund of 22.00 charges that were applied to my account

 

And they refuse to look into this matter, Please could someone point me to the right templet that I could use as my second and final request on hardship grounds

 

Thank you

[yourbank]

Please help someone

 

I sent a letter to Barclay's on Hardship for the refund of 22.00 charges that were applied to my account

 

And they refuse to look into this matter, Please could someone point me to the right templet that I could use as my second and final request on hardship grounds

 

Thank you

 

 

Barclays won't refund the £22 under FH however you have the personal reserve so I would get rid of it. Furthermore if it's only £22 it wouldn't necessarily be looked at as FH.

[submissiveguy]

Barclays won't refund the £22 under FH however you have the personal reserve so I would get rid of it. Furthermore if it's only £22 it wouldn't necessarily be looked at as FH.

 

total charges I have had by this special £22.00 reserve is over £500.00 I wanted to claim this back on hardship grounds,

[yourbank]

total charges I have had by this special £22.00 reserve is over £500.00 I wanted to claim this back on hardship grounds,

 

Do you have direct debits returned as well?

 

"vii.

repeatedly exceeding a credit card or overdraft limit without agreement (and, in this regard, where a complainant has incurred over £500 in unauthorised overdraft charges in the previous 12 months, that is to be treated as indicative of financial difficulty)."

 

It indicates hardship but may not necessarily be FH

[slick132]

Did you send B's an Income and Expenditure schedule with your claim for refund?

[submissiveguy]

No I never had direct debits returned, the over draft facility charges have been building up and up,

 

And yes slick132 I did send them my Income and Expenditure schedule

 

But they have just refused, it and said they have a strict policy of refunding the money"

[yourbank]

No I never had direct debits returned, the over draft facility charges have been building up and up,

 

And yes slick132 I did send them my Income and Expenditure schedule

 

But they have just refused, it and said they have a strict policy of refunding the money"

 

It means that they will only look at charges from August 2008, right?

[submissiveguy]

I had this special reserve fee £22.00 applied to my account each time I went into my overdraft facility, meaning that if I even went £5.00 in to my overdraft they would charge me £22.00 and ive had this account since July 2008

[yourbank]

I had this special reserve fee £22.00 applied to my account each time I went into my overdraft facility, meaning that if I even went £5.00 in to my overdraft they would charge me £22.00 and ive had this account since July 2008

 

It was an opt out service rather than an opt in service(so they allegedly sent out letters to everyone around the time the account was opened explaining that).

Have you questioned the £22 charge before now?

[submissiveguy]

Nope its the first time, and I was told that you could claim them back, this is the reason i sent out the letter to barclays on hardship with my income proof etc

 

I have been making small payments so I don't get a default from Barclay's, but after 5 days i get another charge of £22.00 so I cant win

[yourbank]

Nope its the first time, and I was told that you could claim them back, this is the reason i sent out the letter to barclays on hardship with my income proof etc

 

I have been making small payments so I don't get a default from Barclay's, but after 5 days i get another charge of £22.00 so I cant win

Have you still have the personal reserve? Are you aware you can get it removed and you won't get charged £22.00?

[slick132]

But they have just refused, it and said they have a strict policy of refunding the money"

I would write back and say they have a duty to consider your refund claim and, if they continue to refuse, you'll refer your case to the FOS.

[submissiveguy]

yourbank" They removed my overdraft facility and are still charging me £22.00 after 5 days, I own them around £400.00 and charges come over £500.00 But i no longer have this reserve

 

 

Slick132 would there please be a letter that you could point out to me please

 

thanks to you both for helping me thank you

[slick132]

Hi SG,

 

You should read through Bookie's thread here - http://www.consumeractiongroup.co.uk/forum/barclays-bank/181529-right-war-bookie-barclays.html

 

Bookie suggests the Reserve Fees are not covered by the OFT test case because they were a significant change to their charging system.

 

The FSA waiver says Hardship Cases should continue to be looked at sympathetically.

 

Also, read MossySue's thread where Reserve Fees were repaid in full - http://www.consumeractiongroup.co.uk/forum/barclays-bank/176248-hardship-reserve-charges-refunded.html

 

You could use this, adapted as you see fit:-

 

Dear sir or madam,

 

Account No xxx xxx

 

I refer to your letter of xxdate, in which you said you will not be making a refund of bank charges, despite my claim being made specifically because of Financial Hardship. This Financial Hardship still continues.

 

I must again remind you of your duty to comply with conditions agreed in the waiver of July 2007 and continuation of July 2008 between yourselves and the FSA.

 

I look forward to acknowledgment of this, with an undertaking that you will proceed to process it, as per the requirements of the terms agreed within the waiver.

 

I enclose an updated Schedule of Charges which includes all charges to date.

 

In view of the delay which you have already caused, if you now fail to handle this claim promptly, I will report the matter to the FOS and the FSA.

 

Yours faithfully,

 

If they reply saying the charges are proper and correct, or are covered by the OFT test case Stays, you can either:-

 

1. Complain to the FOS, as Bookie has done, but adding that your claim involves Financial Hardship.

 

2. Make a claim at court for a refund of the charges. Argue against a Stay on the basis that B's changed their system so the OFT test case is not applicable.

 

Having said this, the claim for FH will depend largely on your circumstances. There's more about this in Rory's post in MossySue's thread.

[submissiveguy]

Slick132 Thank you so much for this, and also I will read the both topics and keep up with them, I appreciate all the help

 

Regards SG

[slick132]

Have you actively Opted Out of the Reserve Fees system?

 

It's not clear from your comments above where you say you no longer have either the O/D facility, nor the Reserve amount.

 

Have you looked at opening an a/c elsewhere - this situation may be hard to resolve with the spiralling charges. Moving a/c's sooner rather than later would be good.

[submissiveguy]

slick132 I have opened a new account and also you are right i do not have O/D facility left on my account they have removed it, and the £22.00 fee they have been applying to my account after 5 days that is

[slick132]

You've still not answered the Q - have you Opted Out of the Reserve Fee system, ie have you written to B's and said I want to opt out of the RF system and revert to the old fees system for my a/c.

[submissiveguy]

You've still not answered the Q - have you Opted Out of the Reserve Fee system, ie have you written to B's and said I want to opt out of the RF system and revert to the old fees system for my a/c.

 

Yes the letter i sent them it says clear that I no longer wish to have they special £22 reserve fee, but they have ignored my request and have carried on applying the fee after 5 days

[yourbank]

Yes the letter i sent them it says clear that I no longer wish to have they special £22 reserve fee, but they have ignored my request and have carried on applying the fee after 5 days

Was it sent recorded delivery or handed to someone at Barclays?

[slick132]

Hi SG,

 

it says clear that I no longer wish to have they special £22 reserve fee

 

What you've said here doesn't make it clear at all. This could be taken merely as an objection where you are saying, "I don't want you to charge me this fee".

 

If you want to opt out of the Reserve Fees charging system, I suggest you write :-

 

Dear sir or madam,

Account no. xxx xxxx

In case my earlier letters have not made the position clear, please accept this letter as my instruction to Opt Out of the Barclays Reserve Fees charging regime with immediate effect.

Please confirm the date from which my account will revert to the old fees system.

I look forward to hearing from you shortly.

Yours faithfully,

Send this by Rec'd Del'y or get a free Certificate of Posting at the PO when you send it by normal 1st class.

[submissiveguy]

slick132 Thank you so much, you are right, I will post this out today

and make sure its recorded post