Barclays charges while receiving benefits

[misslaika]

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.

[renegadeimp]

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

[slick132]

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.

 

[caro]

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.

[slick132]

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

 

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?353395-Letter-to-send-if-you-are-being-charged-bank-fees-whilst-on-benefits

[misslaika]

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.

[slick132]

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.

 

[misslaika]

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 June 24, 2013 by misslaika

[renegadeimp]

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

[misslaika]

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 June 26, 2013 by misslaika

[slick132]

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.

 

[slick132]

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

 

[renegadeimp]

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.

[misslaika]

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

[slick132]

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.

 

Edited June 26, 2013 by slick132

[misslaika]

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 June 26, 2013 by misslaika

[misslaika]

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 June 27, 2013 by misslaika

[slick132]

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.

 

[misslaika]

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 June 26, 2013 by misslaika

[slick132]

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 .............

[misslaika]

Thank you

[misslaika]

Update: Rang fos and now have a reference number. They said they will get in touch with Barclays and will let me know the outcome within due course.

Edited June 27, 2013 by misslaika

[misslaika]

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 June 27, 2013 by misslaika

[slick132]

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.