'New Bank Charge Argument' a reply from Barclays

[pezz1753]

Having recently made another request to Barclays for the return of my Bank Charges based o the 'New Arguments Letter template' I today recieved this reply from Barclays.

 

Unfortunately it is far to legal and technical for a layperson like me to understand but I get the general 'gist' that this new argument has not stood well!....Can someone please decypher this letter for me?

 

http://i1002.photobucket.com/albums/af148/pezz_01/BarclaysChargesreply2010.jpg

 

http://i1002.photobucket.com/albums/af148/pezz_01/Barclayschargesreply2010page2098.jpg

[srfrench]

Well firstly, they are right and at the same time WHOLLY wrong and mis-leading you!!

 

They are not penalties - correct.

 

The LEVEL of charges levied cannot be assessed as they are part of the core terms of the contract.

 

The SCoJ said that whilst the level cannot be assessed under Reg 6.2 they CAN be assessed for fairness under Reg 5.

 

So tough on Barclays and this letter should be shown to to the FOS and the FSA as they are mis-leading you into dropping any claim against them. Wholly unacceptable behaviour and contrary to good faith, treating their customers fairly and transparently and against the Banking Code they subscribe to.

 

The CCA part I'm not fully versed on but again just like the UTCCR 1999 regs it will probably be open to you but someone with a little more knowledge than I have on the CCA 1974 (as amended) Act can comment?

[srfrench]

You also need to make your complaint and/or claim more specific and personal to you.

 

Personally I think it's pointless complaining to the Bank at this moment in time and likewise the FSA or FOS.

 

Since it doesn't appear to be a Claim in the Courts at the moment then I would hang-fire for a little while and follow a few threads on here such as;

 

The Consumer Forums - Announcements in Forum : General

 

The Consumer Forums - Announcements in Forum : General

 

 

Also I would hang onto that letter of yours as this is aserious peice of evidence that the Banks are not treating you fairly or transparently!!

 

Hope that helps?

[pezz1753]

Thanks 'srfrench' for clarifying some of those complicated matters! It is much appreciated.

 

Pezz1753

[BankFodder]

I think that the Barclays letter is misleading and is in breach of the FSA BCOBS regs.

 

I'd like to know more about your charges claim. Maybe we could find a way forward to put in your cliam for charges and also to complain about this letter at the same time.

[lovejoy]

Those Barclays responses are identical letters to the response I received this week.

I will need to edit the personal details out before posting and starting a new thread.

 

On another note I have managed to find the T&C's from 2006 for Barclays accounts including a list of charges.

Also from 2007 for Nat West and I'm sure I have the Halifax ones too somewhere.

Where would you like a copy of these sent to?

Edited March 14, 2010 by lovejoy

[BankFodder]

Those Barclays responses are identical letters to the response I received this week.

I will need to edit the personal details out before posting and starting a new thread.

 

On another note I have managed to find the T&C's from 2006 for Barclays accounts including a list of charges.

Also from 2007 for Nat West and I'm sure I have the Halifax ones too somewhere.

Where would you like a copy of these sent to?

 

Start your own thread and email me copies of your letter to our admin@ address.

In you email please include a link to your new thread.

[lovejoy]

Start your own thread and email me copies of your letter to our admin@ address.

In you email please include a link to your new thread.

 

OK will do, I am in the middle of editing personal details and scanning T&C's, so will get them to you in the next hour or so.

Thanks again.