Hi Guys,
Just found this forum as i've currently come into dispute with Barclays over their personal reserve [problem] they're trying to pull and since i'm guessing you guys will know way more about it than i do i wanted to ask a couple of questions.
Basically i'm in the process of claiming back my fees going back a few months for going into this reserve. Apparently i should have received a letter about this when they first brought it in telling me about it, which i never received. The first i really knew about it was when i received a letter from them saying i had gone into said reserve and had started charging me for it. So i spoke to my branch who said they could do nothing about it. At the time they wouldn't convert it into my overdraft to stop me incurring anymore charges. So i had to leave it and i ended up at my limit pretty quickly, which is £500. I've also got an overdraft of £500 so every month i owe them £1,000, i get paid just over a grand a month after tax and my rent it £425 a month (sucks living by yourself!) so usually once my rent is paid and council tax i'm straight back into it and incurring about £100 a month in charges, plus having bills returned as they're not being paid and incurring more charges.
My questions are about the legallity of this reserve. As they don't have my explicit consent to have added this to my account, as i believe opting everyone in to this scheme (especially as they wouldn't even increase my overdraft by £50, so how can they give me bascially another £500 unless it's to be able to claim charges from me) without actually asking them doesn't add up to explicit consent. Relying on people getting letters about it isn't good enough as you'd have to expect a percentage not reaching people. So can they actually do this?? if i take them to court would this stand up or would the fact they they just wrote me a letter suffice?? I'd hope that it wouldn't, but you never know. I feel this could be brought up under the Banking Code as the documentation and way they went about doesn't come under the 'plain english' part of said Code
Also, i only found out AFTER i submitted a formal complaint that i can 'opt out' of the reserve at anytime to stop me incurring any further charges. This is after i have had a woman from their financial review team try and push a 'financial hardship' loan on me. Not once did she mention i could have opted out and set up a repayment plan (which i'd have done when the amount i owed was about £42 in said reserve). Since they don't make this clear at all (and having to find this out by making a formal complaint) certainly doesn't fall under the rules set out in The Banking Code and also falls very short of the Treating Customers Fairly the FSA are really into Banks following (and according to Alex Viall, Barclays regulatory compliance director something that Barclays are supposed to take seriously)
So, i've asked for my fees to be refunded, i doubt i'll get anywhere, but i believe this is a different to the unfair overdraft charges thing that is going on and as such shouldn't be treated as such, especially as Barclays have fallen short on providing clear, fair information and advice.
I'd like to know other peoples thoughts, ideas, experiences on this. I've searched through a couple of pages of posts before registering but didn't see much on this. Apologies if i'm being a bit blind on this!