Barclays Bank Reclaim Confusion

GoToGal

Hi

I'm helping out with a reclaim of charges and I'm confused about this letter from Barclays.

The claim is being made under financial hardship brought on by a medical condition that has resulted in being signed onto reduced hours.

The claim was for account fees from April 2010 to May 2011 and reserve usage fees from March 2011 to July 2012. The letter from Barclays on completion of their investigation is rejecting the claims on the grounds that under than banking code, financial difficulties do not require a refund or suspension of charges.

They go on to state that no fees were incurred over the last 6 years for the first account. However, bank statements show fees were incurred on that account within the last 6 years listed as "Account Fee" and were itemised on the letter to Barclays.

Next, they state that on the 2nd account, no fees were incurred prior to 2011. However, bank statements show fees incurred as "Account Fee". They claim the Personal Reserve Fee was agreed to and used between 2011 and 2012 but the claimant asked for an overdraft increase and explained the situation. They are claiming that had amendments been made to the account, these fees would not have been charged and all charges have been correctly applied.

I'm unclear how the Barclays account works and would like some advice if this letter is correct.

Thanks

dunstonh

The claim was for account fees from April 2010 to May 2011 and reserve usage fees from March 2011 to July 2012.

They are not recent. That suggests a hardship was not an issue at the time and there have been no recent ones to consider.

They go on to state that no fees were incurred over the last 6 years for the first account. However, bank statements show fees were incurred on that account within the last 6 years listed as "Account Fee" and were itemised on the letter to Barclays.

Account fees are not charges considered under financial hardship. They are typically administration fees for running the account or providing account features. Not for unauthorised overdrafts.

would like some advice if this letter is correct.

The letter is correct. The banks have no requirement to refund anything and cannot be forced to refund. Even the FOS cannot (unless it is about incorrect application of fees). However, they will consider current hardship cases under a fairness criteria. They are saying the charges were correctly applied and it would suggest that they are not considering the situation as a hardship case. This could be because the charges are not recent. Or it could be that it fails hardship criteria. Are there arrears on debts or utility bills? With no recent charges, there is no indication of debts spiralling.

GoToGal

Thanks for the information. There are no current arrears and last charges date from mid-2012.

dunstonh

Doesnt look too hopeful for a refund then as it doesn't appear to meet hardship criteria.