New claim, not sure what to do!

[Fenris]

Hi all,

 

I've actually been a member here for a few months, but what with one thing and another have only just gotten around to starting action against Barclays!

 

OK, so I've opened a new account with another bank, so I'm ready to get my letter off to Barclays. The problem is that I'm not sure how best to start. I've got all my bank statements going right back to when I opened the account in 1999 and have scoured them to see when and what they've charged me. Is it still recommended, however, to ask them for a list of charges? So I can tally them with what I've got on my statements? Or should I just jump right in and send the first letter?

 

I'm also wanting to claim costs from my Barclaycard and have managed to get all my statements for that. Is the procedure the same as for the bank?

 

I'm really sorry if this has been asked before. I did read the FAQ, but I'm still really confused! I've never been very good with this kind of thing!

 

Many thanks,

Fenris

[Michael Browne]

If you know all the charges then it's not strictly necessary for a DPA. It will confirm a) that the charges tally and b) any manual intervention, and this arguement is pretty well dead.

 

For belt and braces you could send for a DPA as well as the prelim letter and then adjust the figure if you find a difference. I'd just send the prelim.

 

Exactly the same for b/card

[Fenris]

Brilliant, thanks for the advice.

 

OK, so now I know that Barclays owe me £455.00; not a world breaking amount I know, but it's my money and half a desperatly needed new laptop! Funny thing is I expected it to be much more than that. I could have sworn that they'd charged me loads of overdraft fees and several days per month worth of £20.00 charges. They're not on my statements though, so guess it just seemed like they did!

 

Barclaycard owe me £395.00, which is the other half of much needed new laptop! lol!

 

So, off go my letters tomorrow; wish me luck!

Edited August 5, 2009 by Fenris

[Michael Browne]

1 new laptop on its way! Good luck.

[Fenris]

Ahh, those were the days, when everyone and his dog managed to claw back thier bank charges!

 

I'm still waiting for mine...

 

Do you reckon 3 years is a bit long to wait? I do!

 

My claim is now with the FOS to see if they can weedle the money out of the them!

 

Incidentally, after doing several recalculations, as of last week, the amount Barclays owe me is just under a grand, minus the HUGE payout of £251 that they sent as a "goodwill gesture"! Lol! If they'd have paid out back in 2006 they wouldn't have had to hand over so much, so I guess the waiting's been a good thing in some ways. That doesn't negate the fact that I've been struggling for money over the last few years and Barclays have done sweet Fanny Adams the whole time!

 

I was quite amazed, however, that BarclayCARD paid up with little resistance and it only took a couple of months for that money to be repaid. Weird.

Edited August 5, 2009 by slick132
Libellous comment edited.

[slick132]

Hi Fenris,

 

Sorry to hear your case is still in the log-jam - I assume you didn't file the court claim in time to avoid the court Staying your claim.

 

Did you claim include all charges back to 1999. That'd be handy with interest adding at 8%.

 

BC are still happy to repay their penalty charges quite quickly.

 

Let us know how you get on.

[Fenris]

Hi slick123,

 

Yes, I missed it! I was very ill and was in terrible financial trouble and I just had so many "red" reminders and other demands for money I didn't have I just ended up a gibbering wreck! In hindsight I should have just knuckled down and got on with it, but at the time it was all too much. Throw into the pot a nasty landlord who thought it was fine to let himself into the house anytime he liked... Well, you can imagine my mental state at that time!

 

Anyho, as you say, the 8% will sure come in handy, provided Barclays pay up. My case is in the hands of the FOS now so it's just a matter of waiting and hoping like hell they'll rule in my favour! I've tried appealing to Barclays better nature (yes, I know, they don't have a better nature!) as I'm a financial hardship case, but their final answer was a measly £251 and some odd pence that they thought would aleviate my financial difficulties. Yeah... what actually happened was that it paid £251 and some odd pence off the overdraft they charge me to use. Thanks, really helped!

 

We'll see. I'll post as I have any news.

[slick132]

Noted.

 

Have the FOS been provided with an up to date SOC, and a schedule of income and expenditure to back up your claim of F Hardship.

 

How far back do the earliest charges go.

[Fenris]

Noted.

 

Have the FOS been provided with an up to date SOC, and a schedule of income and expenditure to back up your claim of F Hardship.

 

How far back do the earliest charges go.

 

Sorry slick, didn't know I'd had a reply! Yes, FOS have a SOC but nothing regarding my hardship. I did send them letters from Job Centre Norwich stating that my IS was being paid at the lower rate due to my Tribunal. Those letters go back to August '08. Due to my Tribunal being constantly put back, I only got to put my case accross on Tuesday 1st September '09 so I've had a years worth of extremely low income.

 

The charges go back to 2000.

 

On a related subject, I've been having a trawl around the web for information about different account types and came across a thread on MSE about Additions accounts and being missold.

 

I opened my Barclays account in 2000, I think it was. I wanted an overdraft and was told that I could only have one if I had the additions account. I agreed to the charges for this. Anyway, the fee went up and up and I never used any of the "benefits" attached, except for Green Flag Recovery twice in 2006. In the end I called in to my local branch and asked if I could stop having the additions extras because I couldn't afford it and would it affect my overdraft? I was told it wouldn't affect my overdraft and the lady was quite surprised when I explained I was told I had to have the additions account to have an overdraft. This was arounf May/June '06.

 

To be honest I hadn't thought any more about it since, but I thought I'd ask and see if there's a chance of getting any of my money back? I felt cheated at the time, but I was quite ill and never really bothered to question it, which, in hindsight, was stupid.

 

There were times when the additions fee took me over my overdraft limit and, thus, incured another fee!

 

So, any change do you reckon?

[slick132]

Hi Fenris,

 

To avoid delays occurring, you could send the FOS a schedule of your present income and expenditure, asking them to link this to your claim which is for consideration due to Financial Hardship.

 

An I&E schedule is linked at the foot of the Hardship Claim template letter which you find in here - The Consumer Forums - Bank charges templates (consumer)

 

As regards the Additions Fees, I think you would have difficulty arguing against them because:-

 

1. You were clearly aware of the Add'ns status of your a/c (many had their a/c changed to Add'ns without their knowledge or consent).

 

2. You knew of, and benefitted from, the features offered with the Add'ns status - ie the overdraft and the Green Flag cover.

 

On the basis that you should always pick your battles wisely, forget this and move forward.

[Fenris]

Thanks slick. The last letter I received from FOS said they've contacted Barclays and are awiting their response and that my case has been moved to The Hardship Team, so it looks like they've taken me at my word and/or have accepted the letters from JC Norwich and the Tribunal people as proof.

 

I've also been looking at the thread regarding claimg interest back. Not the 8%, the other interest. Looks very confusing, but I haven't fully read all 13 pages! Lol! Looks like I might be in line for a few more quid. When I've figured it out do you think I should send to the FOS? Or directly to Barclays?

 

Regarding the Additions account, I see what you're saying, but my main point was the fact I was lied to in order to get the overdraft. That was the only reason I kept on paying it. I only used Green Flag twice in 2006 after I wrote off my car and needed it moving from the scene to my Mum's, then from Mum's to my house. Otherwise, to my mind, it was 6 years or so of wasted money as I told them at the time I'd never need any of the "benefits"; I've never lost/broken/had stolen a mobile phone; I didn't start driving a car until 2004 and Green Flag didn't cover motorbikes and those are the only two benefits I'm even aware of! I have no idea what others there were! As I only took it out because I was told I had to have it to get the overdraft, and this was later proven to be a lie, I feel I've been taken for a ride. So, since I'm battling them anyway... ;-) I think it's worth a letter at least.

[slick132]

I don't think the FOS will help you reclaim the higher interest. If they get a result for you which you're happy with - great !

 

If you're NOT happy with the results of FOS intervention, you still have the option to pursue your case against the bank through the courts.

 

I take your points about the Additions Fees. If you feel you were mis-led about the overdraft ONLY being available with Additions Status, then complain about it, by all means.

 

It IS worth a shot as you say but, personally, I think you may be on a hiding to nothing. Try a complaint to Cust'r Services and see what they say.

[Fenris]

Well, complaining to FOS was about as useful as a brolly in a force ten gale. Basically they're saying Barclays have done all they are obliged to do and I should just toddle off and forget about it. Despite the fact it was Barclays charges that kept me in my overdraft and unable to pay it off!

 

Oh well, guess I'll have to wait until the Court case finishes now. FOS was my last ditch attempt at getting my money back. On the up side, if the Court case comes out the way we want it too, I can keep adding interest until Barclays pay up!

[slick132]

Hi Fenris,

 

So what happened to Barclays considering a repayment of charges on the basis of your financial hardship.

 

Quote the relevant parts of the FOS reply, or any reply that you've had back from the bank.

[Fenris]

Hi Slick,

 

I've attached the letter to save me writing it all out! I've heard nothing from the bank at all.

 

The worrying thing is that the bank seem to have convinced the FOS that my account it in credit due to their payout of the £241 a few months ago. This is wrong, my account has been within the overdraft limit for a few years, but I have not been in credit for a considerable amount of time.

 

Unfortuantely (for the purpose of this reclaim), I have just won my IS tribunal which has been dragging on for over a year now. So my bank account has suddenly been awash with backdated money! I'm concerend that the bank has shown the FOS this large amount of money and is now claiming I am no longer in financial difficulties, despite the fact I now have to use this cash to pay off debts I've accrued over the last 13 months or so. So, it looks to me that I'm going to have to rejoin the back of the queue and wait for the Court dession.

[slick132]

Hi Fenris,

 

The images are too small to read. Can you use PhotoBucket to show us the FOS letter.

 

[Fenris]

Well, that's not good! Must resize images automatically on here.

 

Anyho, here you go:

 

 

Edited October 17, 2009 by Fenris

[slick132]

I think you'll have a job getting further on this particular route.

 

Am I right in thinking you have NOT yet filed your claim for bank charges at court. If so, you should file it without delay.

 

Claim for all years you have data for, even if this goes back beyond 6 years.

[Fenris]

No, I did try the court route and got nowhere. I know I was only supposed to contact the FOS if I hadn't taken it to court, but since the court just threw it out I thought it was worth a try.

 

I don't think I've got any more to claim as I went back to when the account was opened when I started to claim in 2006. I'll double check though, but I don't think I've missed anything. So I guess it's just a matter of waiting until this damnable court case sorts itself out.

[slick132]

No, I did try the court route and got nowhere. I know I was only supposed to contact the FOS if I hadn't taken it to court, but since the court just threw it out I thought it was worth a try.

 

Sorry, you need to explain this better.

 

Why did the court throw your claim out, when did this happen and exactly what did the judge say at the time (ie. what was the court's ruling that ended your claim) ?

[Fenris]

I sent off the court paperwork in early January this year. I got a General Form of Judgement from the court dated 23rd Febuary 2009 saying:

 

 

Upon review of the files the Judge directs:-

 

1) Save as appears in this Order, this action be stayed pending the final decision (being judgement in the action or the final appellate court, whichever is the later) in the test case between the OFT v National Westminster Plc and others ('the test case') or further order of the court

 

2) The Defendant shall by 4pm 16th March 2009 serve the Claimant (and file at court) a copy of the Particulars of Claim in the test case or notify the court and the Claimant of a website were the Statement of Claim may be viewed and downloaded (which they did. Lot of use if you don't have a PC though!)

 

Then there are a few more points about waiting until the test case has run it's course and then resubmitting the papers. Which is of no use to me at this moment in time, hence my assumption that it was just thrown out. I guess it would have been better for me to say ignored!

[slick132]

Hi Fenris,

 

I assume your case wasn't thrown out at all - it's been Stayed, but will continue when the final decisions have been made re the test case.

 

[Fenris]

Yeah, having reread the paper last night I see that's so. I though it'd been thrown out; too much confusing jargon for the likes of me to decypher!

 

Well, I'll just have to wait then and hope this case doesn't drag on for much longer. At least the interest keeps adding up!

[slick132]

Hi Fenris,

 

If you want to win at court, you'll have to do better at reading communications from the court.

 

You'll not get 8% interest anywhere else these days.

[Fenris]

Hi Fenris,

 

If you want to win at court, you'll have to do better at reading communications from the court.

 

You'll not get 8% interest anywhere else these days.

 

Lol! Yes, I know, you're right. I've had quite a bit of dealing with Court paperwork over the last few years so you'd think I'd be adept at reading the goobldegook by now!

 

I had a thought today (yes, I know! No, it didn't hurt too much!). I may be barking up the wrong tree with this, but bear with me while I try and explain my thinking:

 

1) For the last umpteen years I've been using my overdraft and haven't been in the black for at least 5 years.

 

2) Barclays owe me in the region of £800. in unfair charges.

 

3) Since wining my Income Support Tribunal and getting the backdated money paid into my Barclays account, I'm currently in credit. However, £750. worth of my IS money went to pay off the overdraft I have been using.

 

Now, I was wondering if I could get away with something here, namely taking all my money out of Barclays, including the £750. that paid off the overdraft. I'd move all this money to my LTSB account, along with all DD's and Standing Orders etc. This would leave my Barclays account overdrawn to the sum of £750. which is my limit.

 

I'd then write to Barclays saying that I sharn't be using the account anymore and I have left it overdrawn so that, when they feel like paying the charges back, they can pay off the overdraft with that money.

 

I read somewhere about getting a bank to freeze an account if it's in dispute, which this account is due to the unfair charges debacle.

 

Would this work? I really need the money, which is why I'm thinking of doing this! Would it work, do you think? Or would I be better off just leaving the money there and closing the account completely?