Jump to content


  • Tweets

  • Posts

    • Hi on the notice of disqualification it lists the 2 speed offences and marks offence withdrawn? This is for both offences and then the other 2 is the MS90s which I’m fined for and the additional costs. R
    • Hi,    It has taken a while, but I have received an email from Auxillis -  hello, we are not dealing with this claim all we do is log accident for you isnurance - the claim has been passed to your underwriter markerstudy 0344 873 8183 as they are deal with fault cliams ion behalf of adrian flux. thankyou auxillis   I have made repeated attempts to phone Markerstudy in between working from home, struggling for energy and trying to find a cheap car so that I can keep my job (community support worker). Thankfully I have a supportive team and I am being given phone calls to make but it cant last too long. I had a severe migraine over the weekend and also have quite bad whiplash in my neck and back.    I found this in my insurance policy booklet -    Protection and Recovery If the insured vehicle cannot be driven following an incident leading to a valid claim under this section, we will pay: • the cost of its protection and removal to the nearest approved repairer, competent repairer or nearest place of safety; and • the cost of re-delivery after repairs to your home address; and • the cost of storage of the insured vehicle incurred with our written consent. If the insured vehicle is damaged beyond economical repair we will arrange for it to be stored safely at premises of our choosing. You should remove your personal belongings from the insured vehicle before it is collected from you. In the event of a claim being made under the policy we have the right to remove the insured vehicle to an alternative repairer, place of safety or make our own arrangments for re-delivery at any time in order to keep the cost of the claim to a minimum     I do about 20-25000 miles a year with the work I do, I have been getting quotes and putting that I have now have one accident and no no claims bonus and the cheap quotes from similar companies to markerstudy are more than double what i paid last year at 8-900 and aviva is offering 2600 which is simply out of my price range and more than the car i am looking at.  I am starting to wonder if it is even worth going ahead with the claim as i have no one to claim from. I have had no information from any of the enquiries I have made.  I have a full tank of vpower diesel in the car in the impound, i can strip it for parts and probably make what I will be offered by the insurance payout and get the money quicker.  As I have made contact and started the process can I back out, still keep my NCB and a claim free history? Also what happens with my injuries? I don't think there is any permanent damage but my dr refused to see me and just gave me a boat load of naproxen and codeine. What happens in the future if things don't get better and I cancelled this claim? Can you claim injuries off your own insurance because the other guy ran and you cant find him? I have tried to ask these questions off markerstudy but they keep me waiting for nearly an hour then end the call.    Thank you for your time and help.  It is really appreciated.  I am quite honestly on the floor, I have been really ill, in hospital, had nearly 6 months off work and only been back full time a few weeks and now this.  The fact the company you pay large sums of money to look after you in a time of need is also behaving criminally just makes you want to give up.    
    • Thanks for the response. Am I able to send you the documents I’ve received or can you message via instant message and I’ll send these? Reece
    • Regretfully it does. Have you actually seen any papers which show what you were charged with (rather than what you were convicted of)? It is unusual not to be “dual charged” but if you were not charged with both, you are where you are. If you had been charged with both offences and providing you were the driver at the time, you could, after performing your SD, have asked the prosecutor to drop the “Fail to Provide” (FtP) charges in exchange for a guilty plea to the speeding charges (you cannot be convicted of speeding unless you plead guilty as they have no evidence you were driving). You will have difficulty defending the FtP charges. In fact, it’s worse than that – you have no chance of successfully defending them at all because the reason you did not respond to the requests is because you did not receive them and that’s entirely your fault. No it’s not correct. Six months from 18/11/23 was 18/5/24 so, unless they were originally charged, the speeding offences are now “timed out.” There is one avenue left open to you. If you perform your SD you must serve it on the court which convicted you. You will then receive a date for a hearing to have the matters heard again. Your only chance of having the matters revert to speeding (and this is only providing you were the driver at the time of those offences) is to plead Not Guilty, attend court. When you get there you can ask the prosecutor (very nicely, explaining what a pillock you know you were for failing to update your  V5C) if (s)he is prepared to raise “out of time” speeding charges, to which you will offer to plead guilty if the FtP charges are dropped.   This is strictly speaking not lawful. Charges have to be raised within six months. Some prosecutors are willing to do it, others are not. But frankly it’s the only avenue open to you. There is a risk with this. I imagine you have been fined £660 (plus surcharge and costs) for each offence. The offence attracts a fine of 1.5 week’s net income and where the court has no information about the defendant’s means a default figure of £440pw is used.  If the prosecutor is not prepared to play ball you can revise your pleas to guilty. A sympathetic court should give you the full discount (one third) for your guilty pleas in these circumstances but they may reduce the discount somewhat. The prosecution may also ask for increased costs (£90 or thereabouts is the figure for a guilty plea). So it may cost you more if you have a decent income (I’ll let you do the sums). But MS90 is an endorsement code which gives insurers a fit of the vapours. One such endorsement will see your premiums double. Two of them will see many insurers refuse to quote you at all meaning you will have to approach "specialist" (aka extortionate) brokers. So you really want to exhaust every possibility of avoiding MS90s if you can. One warning: do not pay solicitors silly money to defend you. Making an SD before a solicitor should attract just a nominal sum (perhaps a tenner). That’s all you should pay for. You have no viable defence against the FtP charges and any solicitor suggesting you have is telling you porkies. The offer to do the deal is easily done by yourself and you can save the solicitor’s fees to put towards a few taxis and increased insurance premiums if you are unsuccessful. In the happy event you find out you were "dual charged", let me know and I'll tell you how to proceed. (Seems a bit odd hoping you were charged with four driving offences rather than two, but it's a funny old world!).    
    • Just the sort of people you despise eh Jugg  You would be much happier among your mates in that room with Rayner begging for votes 
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Barclays charges while receiving benefits


misslaika
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3874 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,

 

I am currently receiving ESA and have an overdraft with Barclays. Currently my overdraft has been limited and when I receive my ESA, Barclays are taking £22 a time every time I am using my reserve. This month they took £88 in charges and this was taken from my ESA which left me with little money to survive on for the rest of the month.

 

Can Barclays do this even though I am receiving benefits?

 

Thank you.

Link to post
Share on other sites

Use BCOBS and tell barclays to refund the charges. Also tell them you are on benefits.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Hi Misslaika and welcome to CAG

 

Because there is an overdraft and/or lending involved, you should see this Article - http://www.consumeractiongroup.co.uk/forum/content.php?557-Letter-for-an-application-for-consideration-for-hardship

 

Also, if the bank has left you with insufficient funds to survive the month by taking their charges, you should make an urgent phone complaint to The FOS. Tell them the bank has been taking these charges from your Benefits money and leaving you short of necessary funds.

 

If you use The FOS to complain and you are persistent, you may get the money refunded quickly.

 

You can then use The Lending Code to try and get older charges back from March 2011 onwards. Do this on the basis that the bank should have been more pro-active in helping you, instead of repeatedly hitting you with their charges. If the bank refuses to refund, you can use BCOBs to try and get their attention.

 

:-)

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

I suggest you get a new basic bank account and have your benefits paid into it. You won't get an overdraft but then you won't get charged either.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Yes, very good point from Caro, to avoid them taking further charges from you.

 

:-)

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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi all, thank you for your replies.

 

I first would really like Barclays to refund me back the £88 they have just charged me before I reclaim back what I can. Does anyone have a template with the right words that would make Barclays refund me.

 

I read the thread you referred to dx100uk. Do I mention the FSA part?

 

Thank you.

Link to post
Share on other sites

If you want an immediate refund, you need to call the FOS and tell them (if it's true) that Barclays have taken £88 from your Benefits money again and this has left you without enough to meet yours or your dependents' needs.

 

You need to be polite but firm and insistent.

 

If the FOS appear interested and helpful, they may get the bank to refund. If the FOS don't go that far, get onto Barclays HQ and tell them you have an FOS urgent complaint and reference number and, if the bank fails to refund the fees immediately, you will take the matter further using the BCOBs Regulation and anything else that will help you.

 

:-D

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 thank you for your reply. I will ring the FOS tomorrow morning. My benefits went in a few days before Barclays took their charges. It all started a couple of months ago and now all these charges have left me in a worse situation. £88 this time and last month was just the same.

Edited by misslaika
Link to post
Share on other sites

When things are sorted out, perhaps get a letter of appropriation going. Banks hate that, but theres nothing they can do about it ;)

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Update: I complained to Barclays about the charges via email. Now, I get a text message from Barclays to ring them urgently about my complaint.

 

Im nervous, I don't know what to say as in legal terms. Can someone give me a guidance on what to say to Barclays regarding BCOBS and FSA about them charging me while on benefits.

 

Thank you.

Edited by misslaika
Link to post
Share on other sites

HI MissL,

 

You need no legal terms at all.

 

You need to say you have taken my Benefits money and left me with too little for me and/or my family. If you don't repay it immediately, I will take further action using the BCOBs Regulations as well as formal complaints to The FOS and Barclays London HQ.

 

Don't get involved in any argument or discussion, just ask if they're going to refund immediately, or not.

 

Did you speak to The FOS as suggested. If so, when was this and what did they say.

 

Report back please.

 

: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

Also, what Dep't at Barclays wants you to call them ?

 

:-)

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

When speaking to them on the phone, remeber this. YOU are in control, NOT them. Do not be pushed around or be coerced into doing what they want. If you dont get the resolution YOU deem fit, then tell them so and escalate it to the next level.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Hi I didn't ring the FOS at first because I thought I would complain to Barclays then if the FOS get involved then they would see I tried to resolve with Barclays first.

 

The number they want me to ring is customer relations.

 

Thanks all for the encouragement, I'm going to ring them now... nervous :)

Link to post
Share on other sites

Shame you didn't call FOS as suggested. You would have then had a Complaint Ref number to show Barclays you were serious about getting your money back.

 

I doubt Barclays Cust'r Relations will be worth calling as they will just blank you. They have no authority to make their own decisions or exercise discretion.

 

Call FOS Thursday morning FIRST THING and complain like mad !!

 

If you don't follow our advice, you will NOT get the money refunded. :sad:

 

:wink:

Edited by slick132

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, well just come off the phone to Barclays. They said they are within their rights to charge me while I am receiving benefits. He said he will send it in writing confirming that Barclays are within their rights, which shocked me abit.

 

I will ring FOS tomorrow.

Edited by misslaika
Link to post
Share on other sites

Hi, if the FOS doesn't seem interested what would the next step be? I'm just preparing myself after what Barclays said about their charges during the phone call.

 

I expected Barclays to refund the charges there and then. Pft...

Edited by misslaika
Link to post
Share on other sites

Hi MissL,

 

Barclays were never likely to help you voluntarily in this situation.

 

When you talk to the FOS, tell them Barclays have put you into a position of severe hardship (if this is the case). leaving you with insufficient funds to pay for rent/council tax/food/utility bills. Use whichever apply.

 

Ask The FOS to instruct Barclays to refund these charges immediately as they have failed to deal with you as required by paragraphs 224 - 227 in Section 9 of the Lending Code. Read about this in the link I put in post #3 above.

 

Do you have dependent children living with you. This may influence the situation.

 

:-)

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 Slick132,

 

Brilliant! Thank you for your help and advice, it is appreciated a lot. Yes I'm a single parent with 2 children. I am preparing myself for the phone call tomorrow morning and will take your advice on board on what to say (actually I will say all of it :))

 

I will keep you updated.

Edited by misslaika
Link to post
Share on other sites

Hi MissL,

 

As a mum with 2 dependent children, you should be able to get The FOS's attention.

 

Tell them that the banks' actions are jeopardising your ability to provide the basics for your children and, by taking your Benefits money, the bank has put their own interests above the interests of your family that the Benefits were intended for.

 

Remember, you don't have to worry about any legal terms at all. Just be passionate and convincing.

 

Good luck ............. :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

Hi, need further advice, please.

 

Now I have a reference number from the fos, do I ring Barclays and tell them I've been in touch with the fos and have a reference number? Or do I wait to see what the fos says?

 

Thank you.

Edited by misslaika
Link to post
Share on other sites

Hi MissL,

 

Call Barclays HQ tomorrow. If I can find a number, I'll stop by later with it.

 

Otherwise, get researching and find a number for the CEO's office

 

Do not bother calling the general Customer Services. You have already found that they're unable to exercise discretion and help you at all.

 

:-)

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...