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Hi Jan

 

You are not a pest im grateful for any information you provide.

 

Just an update, I sent another letter to Barclays as you suggested above, they replied and acknowledged that my mother was clearly suffering financial difficulties but stated this does not mean that they should not apply charges. They went on to say the Banking Code has been misinterpreted by the media and elsewhere - I find this a little difficult to understand as the first page of the Banking Code bears the Crystal Mark so the clarity of the document has been approved by the Plain English Campaign!

 

I have also been in touch with the Ombudsman, they sent me a complaint pack which i have completed and posted today.

 

I also wrote to the FSA regarding the situation and am about to write to the Banking Code Standards Board.

 

Hope your well.

Carey

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Hi

 

well done for carrying on - as said before they do not have to pay claims or stop charges - however they are under obligation to consider the claim - and give you full reasons for the decision - otherwise they are breaking the terms of the agreement.

 

This has been stated in quotes from the FSA - so I am glad you are battling on - I know it must be hard . Simon actually pushed the FOS by phoning and then things started moving quite quickly.

 

Hope you get a result.

 

Best wishes to you and your family

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi

 

just to let you know another win on A&L

 

thread called - my day in court

 

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi Jan

 

Just to keep you updated. I had my complaint returned by the FOS. Although I included the final response from the bank, they say it is not the final response as this would say 'this is the final response, you now have 6 months to submit a complaint'. Instead my letter states 'if you are ultimately disatisfied with my response you may refer your complaint to the FOS'.

 

I replied to this letter from Barclays stating I was disatsfied, I used the template you suggested which requested that the bank provide an explanation of why this was not hardship, if it felt this was the case. So, i thought the letter i recieved in response to this (acknowledging my mums financial difficulty/saying the banking code was misinterpreted etc) was the final response. I mean, there was nothing further i could write to the bank when i have it in writing twice that they are unwilling to consider the case till after the test case, and as there was nothing further that i was expecting to hear from the bank, so i assumed this was the final response. But, after speaking to the FOS they say it isn't. Although i really don't believe that if i had waited, without intervention from the FOS i would eventually recieve another explanation from the bank.

 

So anyway, the FOS have asked the bank to issue a another final response, and if i dont hear in another 8 weeks, i can resubmit my claim.

 

It's just dragging on and on!

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Hi Carey Anne,

 

You must be fuming - it's like this is some sort of stupid game which the bank and FOS end up playing together at your (mum's) expense.

 

Anyone got any dynamite and some Vaseline please.;)

 

Slick

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Hi Carey Anne,

 

You must be fuming - it's like this is some sort of stupid game which the bank and FOS end up playing together at your (mum's) expense.

 

Anyone got any dynamite and some Vaseline please.;)

 

Slick

:eek:

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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:eek:

 

WOT ?!?

 

Just thinkin' FOS may require some explosive in the bottom - sorry !

We could do with some help from you

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Yeah I know, it's stupid, i am annoyed and disappointed, perhaps the FOS are tired of the complaints and this will slow the process down. I dont know, it's just all so slow. All i can do is wait again!

 

Anyway i've written to the FSA again, their last letter stated there's no definition of hardship, but that banks have an obligation under the Banking Code. So, i let them know that Barclays believe their obligations under the Banking Code have been misinterpreted by the media etc, and as Barclays have acknowledged my mother's financial difficulties but still refuse to deal with the case, i've informed the FSA Barclays are failing to adhere to the conditions of the waiver. I've asked them what actions will be taken for those who fail to adhere. I don't expect much to be done but i'll just keep hassling people till they are sick of me. :)

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Hi

 

Keep on fighting - I believe that in simons case he actually called the FOS and explained the case and then they called Abbey - then things started moving. They are obliged to consider your claim and as you say they do not seem to have done this - I bet the FOS are inundated at the moment- so if you still dont get a result then give yourself a short time limit and then lets investigate the publicity route. We are all here to help

 

How are things in general - how are you and your family coping? Are you getting support in other areas?

 

thinking of you

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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  • 2 weeks later...

Hi Jan

 

How are you? I had a breakthrough the other day, much to my surprise i received a letter from Barclays saying they are investigating the possibility of a settlement for the mortgage. The amount I claimed for is £2682.

 

I'm just waiting to hear whether they are able to discuss this with me as the claim is the joint names of my mum and dad. Obviously they need to speak to the executor of my dads estate which is my mum, however she has some mental health issues and doesn't understand any of this. I've sent authorisation from my mother, so hopefully within the next few days this claimed will be resolved. I don't know what the offer will be but i'm hoping for as close to £2000 as possible.

 

I cant tell you how surprised and relieved I was to get this letter. I have been hounding them since i applied for the stay to be removed, i was starting to think there was no end to it.

 

There was no mention of the current account claim but as least there has been some movement on their behalf. :D I'll let you know as soon as i settle.

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Hi

 

I am still around . So glad you have some kind of movement on things and hope you get the result you want. I just think a lot of the time they deliberately push people to the wire hoping they will give up.And you have not! I just still think the way they have treated your family at this most difficult time has been apalling. Lets just hope they redeem themselves a bit now.

 

 

Thinking of you

 

Xjan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi Carey Anne,

 

Just wondered, on a general note, if your mother is capable of understanding the implications of granting you Power of Attorney. It might assist you in helping to d/w her financial affairs.

 

You say she doesn't understand stuff above but do you just mean chgs reclaiming.

 

Maybe worth a thought to help now but, more importantly, in the future.

 

Slick

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Thanks !:-)

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Hi All

 

Spoke to Barclays yesterday. They offered the full amount including interest, which totalled £2,082.11 for the mortgage. I actually claimed for £2,600 because they failed to provide 2 years statements despite requesting twice, so i had estimated the charges for two years out of 6. The clerk apologised that for failing to provide these statements but confirmed the actual amount charged was £2,082.11 and offered all of it.

 

I was really surprised, i was expecting the offer to be about 60% of the claim, and when he offered the lot he asked whether i would be happy with that? as though he assumed i would be requesting more. It did make me wonder though whether he was assuming i would be expecting a compensation fee or something as well.

 

I also mentioned the last remaining claim, which is for a current account and was told this is covered by the test case, and because it's so close they are not considering this claim yet.

 

It was 10 months ago that i started this claim and I'm glad to put this one behind me. I'm really happy with the settlement but it does sadden me to think there are so many people out there like my parents who perhaps cannot really understand or argue with banks and as a result are taken advantage of, repeat charges without consideration for an individual's circumstances have such serious implications, i just really hope there's an end to it for everyone. I note the settlement letter says that I must agree that the existence and the terms of the offer remain confidential between myself and the bank!!! I don't like this statement at all and don't want to agree, although i have gained the charges back and i'm over the moon, it has been a real struggle, i have had to write so many letters i cant even count, and, i think the way the bank have treated my parents is terrible. I might just strike through this part. I need to get my mum to agree today and fax it back to the bank as i want the offer to take effect next year. If the offer is processed before 1st January my mums mortgage payment will reduce next year.

 

Anyway, about the power of attorney thing - its not just charges she doesn't understand , it's all paperwork relating to finances, and even the money itself. I manage her benefits, her banking everything but i am not officially her attorney. Someone mentioned this to me before but i just haven't had the chance to look into it. It sounds helpful though, so i will do.

 

I just want to say thank you for all your help, at times when it felt like such a struggle your responses really encouraged me to continue and your advice was really helpful. I'm going to speak to my mum about making a donation as i really think without this site/forum we would not have received this settlement. I am really grateful. Thank you.:)

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Well done Carey Anne, perseverance and hard work have paid off.

 

CONGRATULATIONS

 

You don't have to agree to the confidentiality clause - they are out of order requiring it. Just cross it out on the acceptance slip (if they have sent you one) or write on you acceptance letter that you do not agree to it.

 

On the power of attorney - my brother and I did that for my dad before he died as he was increasingly disabled. It made life a lot easier for him and for us. We had it drawn up by his solicitor, but i don't you need to go that far.

 

You may find the followinglinks helpful:

 

Power of Attorney

 

New power of attorney rules ahead | This is Money

 

And Lawpack do a DIY form Power of Attorney | Lawpack (CAG have discounts for some Lawpack products - I don't know about his one)

Steven

 

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Hi CareyAnne,

 

Fabulous news and Congratulations on your Mortgage Win.

 

Re the POA, have a look at the links which Steven posted. It could be very useful now or in the future.

 

Slick

We could do with some help from you

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                                            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 !:-)

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  • 2 weeks later...

Well done

 

hope your christmas was a little less stressful as a result of at least regaining some of the charges owing to you

 

Best wishes to you and your family

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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