Nesta v Barclays Hardship Claim

[Tools]

Re: Nesta v Barclays

Why I said collection Monday morning

[Nestadren]

Re: Nesta v Barclays

just realised this is on my hardship claim thread. I'll start a new one for card charges...

Nesta v Barclaycard

[Nestadren]

Re: Nesta v Barclays

Reply from Barclays saying they are considering my hardship claim but charges are fair anyway (posted below).

I guess I now wait for their decision on hardship or do I need to do anything else in the meantime?

Our reference: xxxx 10 November 2009Dear xxxx xxxxxx
Re: Sort Code: xxxxx, Account number: xxxxxxxxx
Unauthorised Overdraft Charges ("bank charges")
We acknowledge receipt of your complaint about bank charges and your claim for financial difficulty on 4th November 2009.
We are sorry to hear about your financial difficulties. We are currently assessing your claim and you will be advised of the outcome as soon as possible. Your financial difficulty claim reference number is xxxxxx. I have also enclosed our leaflet "How to keep your finances on track" which outlines our approach for dealing with customers in financial difficulty and useful ideas to help you manage your finances.
With regard to your unauthorised overdraft charges complaint, we believe that your complaint concerns the level, fairness or lawfulness of the charges. If it concerns something else, such as an administrative error, please let us know.
We believe the charges are legal, fair and transparent.
However, Barclays (along with a number of other banks) are currently involved in legal proceedings with the Office of Fair Trading ("OFT") in relation to bank charges which we believe will resolve the legal issues regarding the fairness and legality of your bank charges.
It would be our normal approach to resolve your complaint through our internal complaints process as quickly as possible. However, until the determination of the legal issues in the above proceedings, we have asked the Financial Services Authority ("FSA") to suspend the normal timetable for dealing with bank charges complaints, and the FSA has agreed to this request subject to conditions that protect your rights.
We can assure you we have registered and stored your complaint regarding bank charges. Your complaint reference number is xxxxxxxx. Please retain your bank records as this will make it easier for you to support your complaint on resolution of the test case.

Once the legal proceedings between the OFT and the banks finish, we will resolve your complaint as quickly as possible.
We are sorry that we have not been able to respond in full to your bank charges complaint now, but we (together with the FSA and the OFT) think that it is necessary to resolve the key legal issues before we decide how we should respond to your complaint.
Obviously, exactly what will happen next will depend on the courts. We do not know how long the case will take - we have promised to proceed as quickly as possible but inevitably given the importance of the issues being considered this may take many months to finally resolve. But we can assure you that once the legal proceedings are completed we will resolve your complaint as quickly as possible. If at that stage you do not agree with our conclusions you will of course be able to refer your case to the Financial Ombudsman Service ("FOS") (or to the courts).
Given this court case we have asked both the FOS and the courts not to proceed with any other case they are hearing until the test case is resolved. FOS has indicated that as a general proposition it will indeed not proceed with cases which rely on the legal issues being considered in the test case.
Similarly, you should be aware that if you choose to issue a claim in the County Courts, Barclays will immediately apply to the court for an order to stay your action until resolution of the bank's proceedings with the OFT.
We will keep you updated appropriately about the proceedings with the OFT. You can also check the latest position on our website at Personal Banking - Barclays Personal Banking.
The FSA requires us to ensure that your complaint will not be adversely affected by the delay in dealing with it.
If you require any further explanation with regard to this letter please refer in the first instance to the Questions and Answers provided on our website at Personal Banking - Barclays Personal Banking under the "Help and information" section. If you do not have access to our website you may call 0845 300 5857.
Yours sincerely

Jade Chamt
Customer Relations Advisor

thanks in advance :beagle:

[TUTTSI]

Re: Nesta v Barclays

Hi Nesta,

Yes, you will have to wait for a decision on your hardship claim, but I do not think it will take too long.

The bit I like in their letter in which they have made a grave understatement.... quote (Obviously, exactly what will happen next will depend on the courts. We do not know how long the case will take - we have promised to proceed as quickly as possible but inevitably given the importance of the issues being considered this may take many months to finally resolve) I think they meant many years as we are 2.5 years down the line and still no nearer a decision.

I keep on thinking the interest is mounting up and up and the many thousands and thaousands of claims.

Keep us posted Nesta.
Tuttsi

Reply from Barclays saying they are considering my hardship claim but charges are fair anyway (posted below).

I guess I now wait for their decision on hardship or do I need to do anything else in the meantime?



thanks in advance :beagle:

[Nestadren]

Re: Nesta v Barclays

They've sent through the I/E form for me to fill in so I will do that tonight.

[Nestadren]

Re: Nesta v Barclays Hardship Claim

I/E was sent. No response on hardship received yet but with the case being stalled until the OFT decide what to do, and as I'm already paying them through the CCCS, there's no rush.