Jump to content


  • Tweets

  • Posts

    • I'm afraid that I think that as you've assembled the chair and you are unable to return it into its saleable condition, then you probably have a problem. I don't think you could take advantage of the distance selling rules in those circumstances and that means that the seller would be entitled to apply conditions to the return of the item. If that's the case then you only fall back is that the item was defective if you find that there is something wrong with it which is preventing its disassembly. On the other hand, this itself raises an interesting issue. Does a chair become of unsatisfactory quality because you can't take it apart and put it in a box? From the sounds of it, the sellers terms and conditions that there is a restocking fee for the return of an online sale even if it is within the 14 day period, seems to me to be quite unenforceable but on the basis of what you say, that issue doesn't arise here because you are unable to put the chair back into its saleable condition and it's not clear that the chair is defective - 
    • Hi everyone, I'm in need of some urgent advice please. Apologies for the long post - I felt it was better to provide all the information clearly at the outset.   I purchased an office stool (that cost £104.39) online, which was delivered on 18th May. After assembling the stool, I found it wasn't suitable for me, so contacted the seller on 27th May to initiate a return.    The seller told me that there would be a "£24.95 handling charge" for returning the item. He quoted the terms and conditions from their website to back this up (please see below), although this is confusing because 35% of £104.39 does not equal £24.95: "Please note that furniture items are subject to a 35% restocking fee. Furniture returns will only be accepted if the item is unused and still in the original packaging. All furniture returns must be made within 14 days of delivery."   I told the seller that, under the Consumer Contract Regulations, the trader cannot charge any fees in the event of cancellation. The response was: "If you not happy to pay for the collection charge for us to arrange this with a courier to uplift then you can send this back to our office directly arranging your own courier, please note we would not cover the cost if this is the case."    I agreed to this, because from my reading of the CCR I thought that the customer was responsible for return delivery:  (5) The consumer must bear the direct cost of returning goods under paragraph (2), unless— (a)the trader has agreed to bear those costs, or (b)the trader failed to provide the consumer with the information about the consumer bearing those costs, required by paragraph (m) of Schedule 2, in accordance with Part 2. Also, from getting quotations online I thought I could arrange delivery, for what was at the time a smallish box, for a much cheaper price (£7-8).   However, when I tried to disassemble the stool for return, it would not come apart. I contacted the manufacturer for further guidance, but the only how-to video they had available was not applicable to the model, and the manufacturer representative was unable to provide further instructions.   I have now been sent a 'built box' to return the stool without the need to disassembly. The issue is that the size of the box means that shipping charges are now £30 minimum i.e. more than the 'handling charge' the seller quoted.    Am I obliged to pay this return fee, or should this actually be something the seller should pay for? 🤔 I feel like I may have two potential arguments against it: Return delivery would not be nearly so expensive if the stool had come apart as the manufacturer said it should.  The Consumer Contract Regs state that a consumer is not responsible for return shipping if the trader has not provided information about the right to cancel and about return shipping on a durable medium.    What even counts as a durable medium? The dispatch note that came with the stool had no such information, while the order confirmation email simply had a link to their terms and conditions (which includes the statement about the restocking fee quoted above).   Does this clause mean the seller is still obliged to pay return shipping? Any advice would be greatly appreciated! I'm starting to stress a little about this because the 28-day cancellation-and-return period will be in two working days (although I realise that may be extended if it can be considered that the seller did not provide the required cancellation information).    Thank you in advance!  
    • so what you mean is that "each" parcel contained a single dinner plate. Thank you that clarifies things. As you been advised by my site team colleague, please make sure that you read around a substantial number of the Hermes stories on the sub- forum. You will get to understand the principles and also the similarities and approach from Hermes. Of course Hermes is being abusive of the system because they exploit a taxpayer funded under resourced justice system simply to put their customers into a kind of triage where only the most persistent finally get through to the end which is almost always – mediation – and then will manage to get their money or most of their money. Hermes are abusive of this system and of course they are actually going to spend more money than the value of your damaged items trying to smash you down. Because their attempts to crush you are effectively subsidised by the taxpayer, they don't really care. Make sure you understand what they will say about the prohibited items list because your plates are made of china or porcelain and will be prohibited items, according to Hermes. On the other hand, they were correctly declared and they were accepted for delivery. The values were correctly declared – and once again after you have completed your reading, you will understand the significance of this. Hermes will also try to say that you didn't have a contract with them and you should sue packlink – who conveniently – are based in Spain outside the jurisdiction. They were say that you are attacking the wrong people. Once again, when you have completed your reading you will understand the standard reply to this. Once again you will discover that this is Hermes being abusive of the system and misleading their customers as to what their rights are. Make a formal complaint to Hermes. Tell them that they are responsible. Don't give them a deadline, but wait a reasonable time – 10 to 14 days – after which you will send them a letter of claim if they haven't put their hands up by then or if you have had no response. By that time, you will have done enough reading to understand the way it goes but we will advise you and support you all the way.   Come back here when you have been knocked back by Hermes and we will take you through the next step  
  • Recommended Topics

  • Our picks

  • Recommended Topics

Barclays problems with over overdraft


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3064 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all,

 

In short, I moved house 4 months ago. It took me perhaps a month to get round to contacting Barclays to change address. i phoned to do it over the phone, though I was told I must do it in branch (I thought this odd as I done it over the phone with Barclaycard).The lady also put a stop to all mail to my old address.

2/3 weeks passed, and I got round to calling in to the local branch.

The girl on the counter refused to action my request as I didnt have my debit card (lost during move), she said I needed it, it was the only way.

I searched high and low over the next couple of weeks, found the card and went back to the branch. Its worth noting I dont actually use this account on a daily basis, hence the card being somewhere other than my wallet. I also dont know the pin number. I got told over the counter I needed the pin. I explained I didnt know it, and once again I was refused the request to change address, with no alternative given.

 

Approx 4-5 months have passed, and yesterday a letter came to my NEW address from Barclays, notifying me I was approx £200 over my overdraft limit, and because of this they are requesting my card and chequebook be returned since they are withdrawing my banking facility.

 

I know I have been slack and perhaps not been as persistent as I should have, but nevertheless I faced a brick wall when trying to ammend my contact details. On these grounds, what rights do I have for any charges and interest that have accrued to be removed since I was provided with my last physical statement?

 

As always, any help is greatly appreciated.

Link to post
Share on other sites

Hi Stan,

 

First off, you need to decide if you want to remain with Barclays or not.

 

If YES, you should speak to someone at your branch (preferably someone you know) and see if they'll agree to keep the a/c open if you clear the overlimit problem.

 

If NO, you need to open an alternative a/c very quickly, before Barclays prevent you doing this by posting adverse credit data on your CRA files (if they haven't already done this).

 

Even if adverse data is recorded against you, there are basic a/c's available that you should be able to open and use.

 

As regards WHY the overdraft has accrued and the bank's choice to close your a/c, it really is your own fault. You could have notified the branch in writing at any time and, if they required other details or proof, you should have supplied it sooner.

 

Concentrate on getting a new a/c opened if necessary, so you can continue with banking facilities.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

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.

 

Thanks !:-)

Link to post
Share on other sites

Thanks for the info, much appreciated.

 

Yes, I agree and acknowledge it was ultimately my responsibility.

 

I phoned Barclays today regarding it, basically because the OD facility has now been removed I need to repay the full amount - circa £2300 (OD=2100). They offered a 6 month payment plan which I couldn't commit to, they however then offered "a small loan" if I can show my income/expenditure shows I cannot pay within 6 months.

 

So Im going to write to them with these details and see how it can be resolved.

 

Do I have any grounds for them to refund any/all of the reserve fees (£22?)? Or are they deemed to be a lawfull charge?

 

Thanks!

Link to post
Share on other sites

Hi Stan,

 

If you believe you were suffering financial difficulty at the time you incurred Barclays' £22 fees, you can write to them. Ask that they stop adding interest and charges and that they refund any default charges that were made while you were/are suffering the financial difficulty.

 

See here - http://www.consumeractiongroup.co.uk/forum/content.php?557-Letter-for-an-application-for-consideration-for-hardship

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

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.

 

Thanks !:-)

Link to post
Share on other sites
Hi Stan,

 

If you believe you were suffering financial difficulty at the time you incurred Barclays' £22 fees, you can write to them. Ask that they stop adding interest and charges and that they refund any default charges that were made while you were/are suffering the financial difficulty.

 

See here - http://www.consumeractiongroup.co.uk/forum/content.php?557-Letter-for-an-application-for-consideration-for-hardship

 

:-)

 

Yes I guess there's no harm in asking them for a refund.

 

If they offer me a loan as has been implied, are they at liberty to charge whatever interest they like??

Link to post
Share on other sites

Hi Stan,

 

Do you believe you may be considered as being in Financial Difficulty. If so, follow the action suggested in my link above.

 

I don't think a loan is your best option unless they can offer you a good interest rate which would mean payments that you can really afford to get you past this problem.

 

:wink:

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

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.

 

Thanks !:-)

Link to post
Share on other sites

Things arent so bad now, but that's only been the last maybe 6 months in the making. I still have very little disposable income however.

Previously, and the main reason for the account staying on the OD limit for a number of years, I was self employed and spent alot of personal funds trying to sustain my old company.

 

Im going to draft one letter explaining my situation over the last few years inc a copy of income/expenditure, and also a second letter for SAR so I can nail down some charges. Or am I better of doing the SAR and then including the details of charges I would like refunded in the letter claiming difficulty?

 

Thanks.

Link to post
Share on other sites

If you write to the bank about your situation over the last few years, keep it short and relevant. Use the Template I referred to (for Financial Difficulty) as a guide.

 

If you don't have full details of default charges already, you'll have to send the SAR.

 

You do them both now but by separate letters.

 

:wink:

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

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.

 

Thanks !:-)

Link to post
Share on other sites

No, you should notify the bank asap about the Financial Difficulty. You don't need to be specific at this stage about how much you want them to refund.

 

The bank should actually offer to refund the correct amount based on the a/c info THEY have and length of time you consider you have been having FD's.

 

:wink:

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

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.

 

Thanks !:-)

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...