Nesta v Barclays Hardship Claim

[Nestadren]

My hardship claim went in to Barclays for £1315 in charges plus £305.12 in interest (8%). Their deadline for response is today but no letter yet, so #2 will be in the post tomorrow!

[TUTTSI]

Re: Nesta v Barclays

Hi Nesta


When you state that they are at the deadline, how many weeks are you calculating to obtain a response?

When you sent in your hardship claim what did you send them?

Thanks

Tuttsi

My hardship claim went in to Barclays for £1315 in charges plus £305.12 in interest (8%). Their deadline for response is today but no letter yet, so #2 will be in the post tomorrow!

[Nestadren]

Re: Nesta v Barclays

Hi Tuttsi

apologies, to clarify - I sent off my initial letter after obtaining a summary of the charges, giving them 14 days to respond to me:

I am writing to request that you repay all the default charges that have been applied to my account since 27 July 2001, stop any debt enforcement action being taken against me and stop adding any further charges to my account. I do not believe these charges reflect the true cost to Barclays of going into unauthorised overdraft.

I request that you deal with my case now rather than once the test case has ended as I am currently experiencing financial difficulties due to starting a lower paid job and the FSA waiver states that you should continue to deal with hardship cases.

My current circumstances mean that I have had to enter into a Debt Management Agreement with all my creditors, organised through the Consumer Credit Counselling Service (CCCS) as I cannot meet my credit repayments.

The charges total £1315.00 plus as I believe I have been unlawfully deprived of the money I have calculated £305.12 interest at the statutory rate, the amount a court would award.

I therefore ask that you repay me the full amount of £1620.12. I have attached a full schedule of the charges and interest with this document.

I look forward for a full response to this letter within 14 days.


The 14th day was today and guess what?... a letter landed on the doormat saying:

I am writing further to your letter dated 10th November acknowledging your complaint regarding unauthorised overdraft charges and your claim of financial difficulty.

We are sorry to hear you are in financial difficulty.

From our records we see you are already in discussions with our specialist team - Consumer Finance Debt Management department regarding your financial circumstances. I have therefore passed your financial difficulty claim to my colleague in this team to assess your claim, taking account of any information you may have already provided.

We do understand you may be experiencing ongoing difficulties regarding your finances. This team will make every effort to deal with your claim as soon as possible, but depending on the complexity of the information to be looked at may take up to ten working days. A member of this team may contact you to discuss your claim either by telephone or by writing to you.

Then blah blah re debt counselling etc.

I only sent the letter as they had a budget statement from me via the CCCS when I couldn't pay back the overdraft (£650) in one payment, this was in Jan of this year.

I'll wait the 10 days and see what they come up with.


On a side note - I have a few other claims I've started or I'm going to start, if I make a thread for each how do I link it in my sig?

Many thanks

Nesta

[TUTTSI]

Re: Nesta v Barclays

Thanks Nesta for clarifying that, allow them a further 10 days to deal with your hardship claim.

Did you send them any evidences?

Not quite sure what you mean by linking your sig?

Like you have done here you just start a thread in the appropriate section and name it as you did here. It will automatically be your thread 'nestradren'

By the way if you have any Barclaycard charges they have been refunding them 9/10 days from date of letter.

Good luck with your claim.

Tuttsi

Hi Tuttsi

apologies, to clarify - I sent off my initial letter after obtaining a summary of the charges, giving them 14 days to respond to me:

I am writing to request that you repay all the default charges that have been applied to my account since 27 July 2001, stop any debt enforcement action being taken against me and stop adding any further charges to my account. I do not believe these charges reflect the true cost to Barclays of going into unauthorised overdraft.

I request that you deal with my case now rather than once the test case has ended as I am currently experiencing financial difficulties due to starting a lower paid job and the FSA waiver states that you should continue to deal with hardship cases.

My current circumstances mean that I have had to enter into a Debt Management Agreement with all my creditors, organised through the Consumer Credit Counselling Service (CCCS) as I cannot meet my credit repayments.

The charges total £1315.00 plus as I believe I have been unlawfully deprived of the money I have calculated £305.12 interest at the statutory rate, the amount a court would award.

I therefore ask that you repay me the full amount of £1620.12. I have attached a full schedule of the charges and interest with this document.

I look forward for a full response to this letter within 14 days.


The 14th day was today and guess what?... a letter landed on the doormat saying:

I am writing further to your letter dated 10th November acknowledging your complaint regarding unauthorised overdraft charges and your claim of financial difficulty.

We are sorry to hear you are in financial difficulty.

From our records we see you are already in discussions with our specialist team - Consumer Finance Debt Management department regarding your financial circumstances. I have therefore passed your financial difficulty claim to my colleague in this team to assess your claim, taking account of any information you may have already provided.

We do understand you may be experiencing ongoing difficulties regarding your finances. This team will make every effort to deal with your claim as soon as possible, but depending on the complexity of the information to be looked at may take up to ten working days. A member of this team may contact you to discuss your claim either by telephone or by writing to you.

Then blah blah re debt counselling etc.

I only sent the letter as they had a budget statement from me via the CCCS when I couldn't pay back the overdraft (£650) in one payment, this was in Jan of this year.

I'll wait the 10 days and see what they come up with.


On a side note - I have a few other claims I've started or I'm going to start, if I make a thread for each how do I link it in my sig?

Many thanks

Nesta

[Nestadren]

Re: Nesta v Barclays

Thanks Tuttsi, comments and advice are all gratefully received .

I didn't send them any evidence as they already have my I/E from the CCCS, but I can send it again if they request.

I have Barclaycard charges for both Mastercard and Visa, I've SAR'd them and I'm waiting for the figures (they have until 6th Dec to provide). I think I made a schoolgirl error though, by sending them a £10 cheque for each account rather than one cheque for £10 to cover both accounts... never mind eh?

I've posted my claim details for PPI on my Barclays loan in another thread (talk about all eggs in one basket, lol!)

Re the sig, I've seen folks with links to their threads under their name at the bottom and wasn't sure how to do this.

[natweststaffmember]

Re: Nesta v Barclays

Nesta, I need to ask this question because I have never personally dealt with CCCS. Do they do an individual's income and expenditure or is the income and expenditure for the whole household?

[Nestadren]

Re: Nesta v Barclays

hi natweststaffmember

In my case it was individual, my sister and I bought our house together but we're financially independent, so it was my half of the mortgage and bills etc, plus my debts, only on my income.

I'm not sure how it would work if you're co-habiting in a relationship.

(apologies if you already know this - I thought it may be useful for other (more) newbies... )They were very helpful, you complete a prelim call about the basics then they send you a pack. You do your own I/E then have an appointment with an adviser who goes through it and helps you cut down where you can, but more interestingly tells you about the things you've forgotten so you can put them in (eg like £5 per month over the year for dental costs, or clothing etc). they then work out what you have left and fire off the letters to your creditors. You also get a monthly statement from them.

Based on my own experience I would recommend anyone giving them a call for advice, but of course that isn't an endorsement!

[TUTTSI]

Re: Nesta v Barclays

Hi Nesta

For Barclaycard and Mastercard you do not need your statements. Follow Tool's thread http://www.legalbeagles.info/forums/...ad.php?t=17444 or Matty's http://www.legalbeagles.info/forums/...ad.php?t=19857
you just send a letter and they are refunding 9/10 days + interest, it could not be easier.

With hardship claims we normally recomend that they are well packaged when the claim is first sent in together with all evidences, I&E, list of charges and letter fully explaining why you fall under the hardship rules as laid down by the FSA.
By not sending in evidences it could delay your case reaching a speedy conclusion. But lets hope not in your case.

I will let one of the more experienced site helpers explain the signature in more detail, but I am sure you go here -http://www.legalbeagles.info/forums/usercp.php (User CP) this where you can adjust all your settings.

Tuttsi

[natweststaffmember]

Re: Nesta v Barclays

Do you live with your sister or does she only pay half the mortgage?
I am trying to clarify because household income and expenditure is what the banks look at and the CCCS income and expenditure, I think could be inadequate(I hasten to emphasise the word could if they do not use household income for their I&E forms).

[Nestadren]

Re: Nesta v Barclays

I live with her and her 16 yr old daughter, the mortgage is in our joint names and we half all of the household bills eg utilities, tv etc, but pay our own commitments such as loans and travel. I'll bear what you said in mind if they ask for more. She is in pretty much the same position as me re debts, although to a far lesser extent, and is also paying through the CCCS. I'm starting a couple of claims for her credit cards too.

Does this help?

[Tools]

Re: Nesta v Barclays

Hi Nesta

For Barclaycard and Mastercard you do not need your statements. Follow Tool's thread http://www.legalbeagles.info/forums/...ad.php?t=17444 or Matty's http://www.legalbeagles.info/forums/...ad.php?t=19857
you just send a letter and they are refunding 9/10 days + interest, it could not be easier.

With hardship claims we normally recomend that they are well packaged when the claim is first sent in together with all evidences, I&E, list of charges and letter fully explaining why you fall under the hardship rules as laid down by the FSA.
By not sending in evidences it could delay your case reaching a speedy conclusion. But lets hope not in your case.

I will let one of the more experienced site helpers explain the signature in more detail, but I am sure you go here -http://www.legalbeagles.info/forums/usercp.php (User CP) this where you can adjust all your settings.

Tuttsi

Spot on Tuttsi

[natweststaffmember]

Re: Nesta v Barclays

All I would add is that income and expenditure form should be for household income and expenditure rather than individual income and expenditure.

[Nestadren]

Re: Nesta v Barclays

thanks natweststaffmember

[Tools]

Re: Nesta v Barclays

I am going to set you a task Nesta.

I want you to try and beat my record, do not wait for the SAR, if there are any discrepancies in what they refund you and what you calculate they owe you then you can argue that after with them.

Tools v Barclaycard ( Overlimit / Late Payment Charges ) **Refunded In 9 Days**

Send that letter including any amendments suggested on the thread, I want it in the post for collection 1st thing Monday. Then sit back and wait.

Let us know how you get on

[WendyB]

Re: Nesta v Barclays

I got really close to his record, mine took longer cos there were 2 weekends lol.