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New template for claiming


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I apologise if this has already been posted, I did look and couldn't see it. For anyone who has been waiting for the new template letters from the Martin Lewis site with regards to reclaiming charges from a different angle - they are now on there. It is definately worth a try, I personally am going to try again through 'hardship' as am on a DMP. I am not sure how to do a link but if anyone could do that I would be grateful. I hope this helps and again sorry if I have repeated things already on here. X

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Thanks for this.

Martin's court tempaltes aren't ready yet - another 10 days or so, probably.

 

We are sorry that he is recommending people so heartily to go to the FOS.

 

The FOS will take a long time and is not transparent.

 

If you are able to identify some way in which the bank has breached its contract or has acted contrary to the banking code or has acted unfairly towards you then we would recommend direct court action.

It is very cheap and if you win then you will recoup your losses.

 

Take advice on this forum as to whether you have a basis for action.

 

If your basis for complaint is that you are in hardship or that you are in a spiral of debt then Martin's advice to go to the FOS might be the best way forward for you

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I am finding this really confusing and I am not sure which angle to follow.

According to the link poosted there are two routes I can go down

 

Do I go down the 'claim on hold in court' route???? As if so it's telling me to come to this forum for help.....

 

OR

 

The other route is 'Already sent a letter to the bank' route which is telling me that I can write and ask for the remainder of the money I am claiming (under financial hardship' even though they have paid some of this out to me already.

 

So which is advised????

 

Sorry to appear so dumb but it's so confusing!!!!

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I find this all confusing too Kashi! My claim was on hold with the bank (although I have received charges back on another claim before the claims were put on hold pending he court hearing). I have written to the bank again using the hardship route due to being on a DMP. I guess they will still say no, and then I will have to make a decision whether I go the FOS or the court route. But until then I need a final response from the bank with regards to my new letter re hardship as when I initially wrote to them two years ago I didn't mention the DMP but just used the template letter that was available at that time. There are people on here who are knowledable and will be able to guide you, Bankfodder did mention that new court templates will be available soon. It seems confusing at the moment as they are looking at us being able to claim from a different angle to the one already tried so things are still new. I would wait for advice on here before going any further.

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Tagal - I am in a bit of a panic as I need to get something off to the banks today as the deadline ends sometime next week.

I have just been on the phone to the FOS and they have said they will be willing to take this on for me - leaving me to inform the bank that this is the route I am going down.

I was lucky that they paid part payment due to hardship, but that was before the results of the test case.

I wish you well in your quest and hope they pay out for you.

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HELP - I've just been informed that I cant go down the FOS route as I have a claim stayed by the court - is this correct????

 

I am baffled and don't know what to do - I just need to send my bank something today so they don't close my case.

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Kashie, just a thought. My 8 week deadline to respond to the banks letter was nearly up also, but I was still waiting for advice from the Martin Lewis site. I just wrote a letter to Barclays saying that 'I was still looking to claim back my charges and was waiting for legal advice and that I would write to them when I had received this, and that my case should not be closed but kept open until I inform them of otherwise. After all, these were the sort of letters I got from Barclays for months telling me they were still looking at my complaint and it would be 8 weeks or so and then would receive the same letter again, and again .... with another 8 weeks stalling everything. So I have just done the same. This just gives me time to work out what to do next on my time frame and not the banks. So if you are in a panic and not sure what route to go I would write to them along the lines that I used and inform them to keep your complaint open while you seek further advice.

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Kashie, as far as I know you if you have gone the court route first you can't then go to the FOS. Although you can go the court route if you have had no luck with the FOS.

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Yeah I was informed of that too - but I phoned the FOS today and asked them if this was correct - they said that because it's a hardship case then - yes - they can deal with it.

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Hi Kashie,

 

If you need more time before deciding what to do, Tagal's suggestion in post #9 is fine.

 

Write to Barclays confirming that you are taking advice about your options following the Supreme Court ruling and you will write to them further within the next 8 weeks.

 

In the meantime, they must not consider your complaint to be withdrawn or resolved and should keep their file open pending your further contact.

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OMG - I'm worried now, I wrote today telling them that the FOS will be investigating. Is that ok??

I haven't filled in the forms yet but have sent the letters to the bank telling them this.

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I think it is ok to go to the FOS re hardship now, on the basis that the court claim may well not go further, at this stage at least.

 

:)

We could do with some help from you

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            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.

 

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