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Ktker
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Hi, hope someone can help me here. In Jan '08 I was made redundant and had to claim benefits- things were really tough as I had a lot of financial commitments so when Barclays offered me an overdraft in May '08 I jumped at the chance, they game me a couple of hundred through their on-line banking but as soon as I had used this the overdraft limit kept going up until it eventually reached £1400! I kept using it as I was due to start work in June that year but unfortunately the job fell through and I relied more heavily on the overdraft, then in August '08 I was sent a letter regarding a 'Reserve' of £150. I didn't understand what it was and just ignored it. I went overdrawn and started getting charged £22 every five days, it was impossible to get out of it because as soon as I paid off the 'reserve' I was soon back into it to due to the 'fees' they charged!

All it took was 9 months to rack up 'fees' of over £1400 which Barclays took from my State Benefits. I still owe them the original overdraft plus they are still billing fees to my account of £96 per month!

I now have another bank account and have my money paid in there, I also wrote to the bank complaining of the charges but they were not interested. I got the Financial Ombudsman involved and they put in a claim for charges under 'financial hardship' and I received £60 from Barclays (which just came off my overdraft so I did not actually receive the money). I have threatened court action but the bank just laugh at me!! - where do I go from here? Is there anything I can do?

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is the fos claim 'complete' or are they haolding it til the OFT claim is resolved?

 

ida x

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Hi, hope someone can help me here. In Jan '08 I was made redundant and had to claim benefits- things were really tough as I had a lot of financial commitments so when Barclays offered me an overdraft in May '08 I jumped at the chance, they game me a couple of hundred through their on-line banking but as soon as I had used this the overdraft limit kept going up until it eventually reached £1400! I kept using it as I was due to start work in June that year but unfortunately the job fell through and I relied more heavily on the overdraft, then in August '08 I was sent a letter regarding a 'Reserve' of £150. I didn't understand what it was and just ignored it. I went overdrawn and started getting charged £22 every five days, it was impossible to get out of it because as soon as I paid off the 'reserve' I was soon back into it to due to the 'fees' they charged!

All it took was 9 months to rack up 'fees' of over £1400 which Barclays took from my State Benefits. I still owe them the original overdraft plus they are still billing fees to my account of £96 per month!

I now have another bank account and have my money paid in there, I also wrote to the bank complaining of the charges but they were not interested. I got the Financial Ombudsman involved and they put in a claim for charges under 'financial hardship' and I received £60 from Barclays (which just came off my overdraft so I did not actually receive the money). I have threatened court action but the bank just laugh at me!! - where do I go from here? Is there anything I can do?

 

 

Have you cancelled the Personal Reserve? You can cancel it at any time. At the moment, from what I have read across forums, Barclays are not refunding any charges under financial hardship apart from those up to August 2008 when the Personal Reserve came in.

.

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 Ktker,

 

Read this thread and have a look at MossySue's thread which is linked from it - http://www.consumeractiongroup.co.uk/forum/barclays-bank/211154-hardship-refused-barclays-bank.html This also gives a simple letter to send to B's to Opt Out of the Reserve Fees charging regime.

 

Given the level of Reserve Fees added to the a/c, the refund of £60 seems paltry.

 

Did you submit an Income and Expenditure schedule when you claimed under Hardship, either to Barclays or to the FOS.

Edited by slick132
added link which I forgot to put earlier

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In answer to your questions, I submitted (over the phone) a budget to the FOS, not to Barclays as I went through the FOS. Barclays already knew of my hardship as my only income was benefits; Income Support, DLA (child) Child Benefit. Barclays would also freeze my account when my benefits came in, ensuring that I could not withdraw the money until they had taken off their charges - which could be up 'till a week later!

My grip with them is this:

The charges are being taken straight from my benefit - leaving me with nothing to live off.

The 'fees' I have paid for a £150 reserve i.e. £1400 is far more than any doorstep lender!

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In answer to your questions, I submitted (over the phone) a budget to the FOS, not to Barclays as I went through the FOS. Barclays already knew of my hardship as my only income was benefits; Income Support, DLA (child) Child Benefit. Barclays would also freeze my account when my benefits came in, ensuring that I could not withdraw the money until they had taken off their charges - which could be up 'till a week later!

My grip with them is this:

The charges are being taken straight from my benefit - leaving me with nothing to live off.

The 'fees' I have paid for a £150 reserve i.e. £1400 is far more than any doorstep lender!

 

Are you behind on priority debt arrears(mortgage/rent, council tax, utilities)?

How does Barclays know that if they haven't been sent proof of arrears?

.

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

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Opps sorry - I didn't know that I could - will go to branch and cancel Monday

That is what I think slick and myself were getting at with the posts.

.

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

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Barclays and I have had numerous conversations about my financial hardship - I have written to them on four different occasions and through the FOS submitted a case for Financial Hardship, once awarded the £60 I wrote again to protest and restate my case. I got a letter from Barclays saying that I have exhausted their compaints procedure and the matter as far as they are concerned in complete. With regards to other financial commitments - at the moment my son and I are homeless and therefore have no utility bills etc - I do have other debt but cannot meet payments - that's a seperate issue and one I will tackle when I am housed!

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Barclays and I have had numerous conversations about my financial hardship - I have written to them on four different occasions and through the FOS submitted a case for Financial Hardship, once awarded the £60 I wrote again to protest and restate my case. I got a letter from Barclays saying that I have exhausted their compaints procedure and the matter as far as they are concerned in complete. With regards to other financial commitments - at the moment my son and I are homeless and therefore have no utility bills etc - I do have other debt but cannot meet payments - that's a seperate issue and one I will tackle when I am housed!

 

It looks from the outline you have that they offered £60.00 but there maybe an issue with regards to not sending out a financial hardship closure letter which would have explained their reasoning.

At the moment, Barclays modus operandi is to refund up to the point of August 2008 which is when the reserve came in. The way you argue Financial hardship is lifestyle change(job loss, separation, etc, etc,) leading to lack of funds to cover outgoings and the effects on them ie arrears. If any arrears are being paid off via payment plans then it is a get out clause on Financial hardship.

The banks only have to refund, if that is their decision, only for the period in which the charges have made the Financial hardship worse which may not be the full amount. In fact, they do not have to refund even a penny of bank charges under financial hardship.

.

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

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I have now added the link which I forgot to put in post #5 above - please read through it. http://www.consumeractiongroup.co.uk/forum/barclays-bank/211154-hardship-refused-barclays-bank.html

 

The main thing here is that you've had many conversations with the bank, but this is very different from putting your points across to them in writing.

 

If you are up for it, you could restart the process. Write to the bank quoting their obligation to properly consider your claim under the Hardship rules and enclose a Schedule of Income and Expenditure.

 

See here and look at the foot of the post for Hardship spreadsheets - http://www.consumerforums.com/resources/templates-library/48-bank-templates/117-letter-for-an-application-for-consideration-for-hardship

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