BankChargeBeauty v Barclays

[BankChargeBeauty]

Well, I totted up how much they'd taken from me - £1250, then calculated interest taking the total to £1385. Last Friday I wrote them asking politely for my money back, giving them 14 days to respond. Now we wait and see! I'm so glad I looked into doing this. I'm prepared to take it all the way, because them charging me and the snowballing of charges caused me so much trouble and financial and emotional stress. I will be glad when it's done and I will NOT be getting charged again.

[oneofakind]

Welcome to CAG, and it looks like you've got the right attitude!

 

Stay positive, because you WILL win.

 

If you have any questions, however daft you might think they are, just post them, and you'll find help.

 

[welshcakes]

Hi BCB

 

Excellent attitude! Get your LBA letter ready to post registered Saturday of next week (that gives them 14 days + 2 days post).

[BankChargeBeauty]

Already ready!! There should definately be a law against them charging people the way they do. It is so rediculous. It wasn't until I had actually gone through all my statements that I realised how them charging me had snowballed and was one of the major causes of me being in financial hot water. So now it's payback time.

[Trucker]

Already ready!! There should definately be a law against them charging people the way they do. It is so rediculous.

 

Thats exactly what we are trying to prove. That the charges are unlawful

[dar£n]

I have just finished going through a friends statements for NATWEST.

Some of their fees are a joke.

MISUSE OF CARD £90

UNARRGD OD FEE £75

and so on [one month, they incurred £350 in charges]

 

FIRST DIRECT (for another)

UNAUTH OD FEE £100 [ffs]

 

This is why we fight, this exploitation MUST be stopped!

You get charges because you are in financial hardship and what do they do to help,,charge you even more....bumwipes

[Trucker]

and i thought Barclays were bad.... maybe parachute account don't look so attractive now

[BankChargeBeauty]

Not wanting to go off topic or anything - but NatWest's fees are horrific, and they just keep snowballing. My partner has had trouble with them. They are a total nightmare. Will be taking action against them soon now no doubt, cos it all started with a £50 overdraft, which he went over once, but couldn't afford to repay their charges, and cos account was not brought back into credit he was charged again, etc etc. They now claim his account is over £400 in the red, and are trying to get it passed to a debt collector. Will hav 2 go have a chat about it on the NatWest board I think.

[BankChargeBeauty]

Ok, so today I've had a letter from Barclays.

They say that they are "sorry that you are unhappy with the charges you have incurred", and go on to say that a member of their team will contact me asap.

Following this I quote the letter as it is easier for me:

"May I take this opportunity to explain that whilst we will endeavour to respond to you within the timescale outlined in your letter, we cannot guarantee that we will do so....However we do aim to find a solution within four weeks...A full report or an update on our progress will be sent to you within eight weeks."

Somehow I get the feeling that they are trying to stall me....

Now, they state that they have recieved my letter on 26/6/07 - so would I issue my LBA 14 days from this date, which would be tue 10/7/07, or 14 days from when I sent the letter, which would be tomorrow:?: In any event I don't believe that I should wait eight weeks, because as far as I'm concerned I'm the person who is dictating the timetable here, and I said 14 days, not 56!

Also, if I'm using the template letters from this site (which I fully intend to do) do I have to include the copyright part at the bottom?

[slick132]

Hi BCB,

They ARE simply stalling you which is why you stick to your own timescale.

Send your LBA 14 days after your first request for refund. Ignore their reply as it is irrelevant.

You don't need to include the Copyright marks.

 

Good luck and don't worry if B's can't keep up with you!

 

Slick

[oneofakind]

OOh, I LOVE that feisty attitude!

 

Absolutely right, BCB, YOU are the claimant, and Barclays should be doing what YOU ask.

 

Carry on.....

 

[hazyjog]

i think there might be some legal fiction whereby anything posted is given two days' grace to arrive - as in, you can't expect people to respond to something you only posted 5 minutes ago.

 

so it might be worth giving them 2 days, plus 14 calendar days, then 2 days (allowing for them to 'respond' on their very last day, and two days for the post office to get it to you) - which does add time, but puts you in a bit more of a failsafe position should you ever get challenged for being unreasonable by a judge. or something...

[Trucker]

Send everything recorded. That way you can prove when they recieved it.

[BankChargeBeauty]

it might be worth giving them 2 days, plus 14 calendar days, then 2 days (allowing for them to 'respond' on their very last day, and two days for the post office to get it to you) - which does add time, but puts you in a bit more of a failsafe position should you ever get challenged for being unreasonable by a judge. or something...

Well, I've given it some thought, and since they managed to respond to my request within the 14 days I set I think today is probably the best day to send my LBA by registered post and then give them two day's grace either way. If I start not sticking to my own deadlines (especially at this point), how can I expect them to do so? l forgot to mention before that they hadn't sent my bank statements within 40 days as per my initial DPA request (although I had them soon after one phonecall) and they are now putting me through their complaints proceedure. Had I not recieved my statements already, their letter requests me to wait a further 28 days - like I would have done that! If anyone contacts me about my complaint (which I think they have already tried to do) any idea about what I might say?Thanks guys - happy Friday everybody

[welshcakes]

HI BCB

 

If anyone tries to contact you by phone let them babble on their excuse without saying a single word until they've finished. Then tell them you want it all confirmed in writing!!

 

Telephone conversations "verbatim" can't be used by the ICO to put pressure on the banks - letters can.

[BankChargeBeauty]

Tomorrow is the day I will be taking my next step after sending a LBA, but I've read on moneysaingexpert.com that going to the ombodsman is now a viable alternative to going to court. Since I am at the stage now where I must make that decision, any advice as to what I should do?

[saintly_1]

Its entirly your decision With the FOS your not 100% certain to get the 8% interest on the plus side it costs B's £400 for each complaint the FOS deals with

[Trucker]

Tomorrow is the day I will be taking my next step after sending a LBA, but I've read on moneysaingexpert.com that going to the ombodsman is now a viable alternative to going to court. Since I am at the stage now where I must make that decision, any advice as to what I should do?

 

The FOS will not accept your complaint until 8 weeks has elapsed since you initially made your complaint to the bank OR you have recieved a final letter from Barclays. I spoke to a very helpful lady at the FOS who told me to include 8%, but the final decision would lye with the adjudicator. I believe that the FOS decision is binding on the bank but not on you, so if you are unhappy with result you could still take the court route. She also told me that bank charge claims take about 3 months to resolve via them

[BankChargeBeauty]

The FOS will not accept your complaint until 8 weeks has elapsed since you initially made your complaint to the bank OR you have recieved a final letter from Barclays.

 

Is that 8 weeks since my initial refund request, or 8 weeks since my DPA request letter?

[saintly_1]

from the prelim letter ....