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Hootie19

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  1. Right, having accepted that all these claims were on hold until after the test case, I have now been told that it doesn't apply to credit cards. In that case, we are in a position to be able to file the court stuff against Barclaycard. Further to my last post, we got a letter back basically saying that the £183 is all you're getting, like it or lump it. We've decided to lump it!! However, I read on here somewhere that *some* institutions were having success in challenging the claims as there isn't enough information given on the printed out version of the court papers on MCOL, and that the papers now ought to be delivered to the court in person, as more information can be put on the printed out form. Is this right, or am I misremembering stuff. I really want to try and get this done today - too much procrastination already. We are both off work this week, so can get to the nearest court (next town along) have just been paid (so can afford the £80 fee) and don't want to lose momentum. Can anyone offer any advice please? Edited to add: - what do I do on the court form about the £183 they've credited back to the account already? Plus - in the help to fill out forms post http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html I'm a bit confused about the "value" section. I have so far put: Charges - £531.00 Interest under s.69 of the County Courts Act 1984 - £135.99 (this is what is shown on the spreadsheet I downloaded from here and entered all the charges onto) Court Fee - £80 so that's ok, I think. But it's the next bit I can't "get". Plus interest etc. But interest is already added above! So is this to continue charging interest until the claim is settled? If so, can someone please spell out in really really little words how to work it out, as that post says something about overdraft interest, which obviously you don't have on a credit card. Sorry to (a) be so dim and (b) ramble on so much!
  2. Thanks moneyhelp. I sent the letter off recorded delivery this morning, but having now read the news about all current claims being put on hold, my heart's in my boots Guess we can only keep our fingers crossed and wait until we hear the outcome.
  3. Well, things are trotting along. Prelim letter sent 6th July Reply (dated 13th July) received 23rd July, offering the difference between what we claimed and the current £12 fee (183.00). (Due to no ink for the printer, we haven't written back yet). Barclaycard statement received today with a credit of £183 on it. Now, we haven't accepted this as a conclusion to the claim, so I suppose we now just write (having got ink cartridges today - yay!) and say thank you, we accept the £183 in part payment, but we still quite like the idea of claiming the remaining £384, thank you very much. Cheeky beggars - suppose they thought we'd be grateful for any little thing. (It was nice to see the Barclaycard balance below £1,000 though ) Watch this space ETA: This is the letter we received thank you for your recent letter, your details have been passed to me in order that I may respond in my capacity as Customer Relations Manager. I am sorry you feel that charges you have incurred are unfair. We believe that our charges are both fair and transparent, and we make them clear in our Terms and Conditions, and on the reverse of every monthly statement. In your correspondence you have outlined a legal argument which you say supports your view. As I am sure you will appreciate Barclaycard is aware of all the information you have drawn to our attention. I must inform you, however, that we disagree with your legal analysis. Putting the above to one side, as a good will gesture, and without any admission of liability, I am prepared to credit your account with the difference between the charges that you have incurred and the current £12 fee. This would amount to £183.00. The adjustment will be confirmed on your next statement. May I take this opportunity to remind you that the best way to avoid similar charges in the future is to remain within you credit limit and ensure that your monthly payment reaches us with the required timeframe. Should you have any further questions regarding this matter please do not hesitate to contact me. If my reply does not meet with your expectations you may ultimately be eligible to refer to the Financial Ombudsman Service. Further details of this service are available on request. If I have not heard from you within 8 weeks from the date of this letter, I will close my complaint file in accordance with our usual practice. Yours sincerely Leigh Hollas Barclaycard Customer Services Now - the offer isn't made in FULL AND FINAL settlement, nor are there conditions attached. So which of the rejection letters templated here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html should I used to write back. I thought Letter 4, but will wait and hope to hear for sure, before sending it.
  4. Hi - good luck with your claim. I'm just a little way behind you, in that I've got both sets of statements now, but I don't know what address to use to write the first letter. Can you let me know which address you used please?
  5. Thank you so much rae may. It's amazing to me just how helpful people will be on this forum - even to a klutz like me! Letter done. I've just addressed it to the place I sent off for the statements. Does that sound right, or should I be using the Barclays Bank address in London that I saw mentioned in the addresses thread?
  6. This is me taking on the might of Barclaycard on behalf of my husband. We've got all the statements from June 2001 to date. We've drawn up a list of the charges (£531.00) And I know that the next step is to do the letter asking them to refund the charges, but I also have a feeling that there is a specific template letter for credit card companies as opposed to bank accounts. I am, I'm afraid to admit, hopeless at finding stuff anywhere - in the house, in the car, online, in forums etc - and so I was wondering if someone could be kind enough to point me in the right direction, and if possible, mention the right address to write to. I've had a look at the addresses thread and my eyes glazed! Many thanks (hoping this fight will be much easier than my own against Capital One - my god I've made that one hard for myself lol)
  7. Argh, I am so dim! Why can't I just follow simple instruction. OK, I got to the N1 form by following the link in UKaviators post above (thank you). And I'm looking at the instructions also given in the link above for filling the form in. But it's mentioning overdraft interest, and as this is a credit card, there is no overdraft interest. It says something about a daily rate plus charges and OD interest. So I'm running scared again! I am so scared of getting this one wrong, and then not having the confidence to go ahead and try to reclaim the charges from all the other places. can someone please treat me like a child and walk me through it. Think of it this way - if you finally get me sorted with this, then you'll never have to see my name, or "see" my whingeing on again lol
  8. thanks UK. Do I take it that I have to go to the Court to pick up this document? Or is it available to download and then take there?
  9. No, not cos it was a Sunday. But the bit in red at the top says that some banks are now routinely challenging MCOL claims due to the lack of information included. Don't you think that means that we shouldn't do it that way now? Or I am just being wussy again (i suspect I know the answer lol)
  10. I didn't do it - how embarrassing! I had another look and found this: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html saying not to do it online now. so it looks like I'm going to have to try and work out how the heck to get to my local court (which isn't in my town, and I work full time, so it's going to be damned awkward) to do it in person. after all that and gearing myself up for it . . . . . . . Thanks for the encouragement, though. I *WILL* do it, just as soon as I can work out how to get to the damned Court (and I'll have to find the blooming thing first - thankfully I've never had to go there!)
  11. I don't need to worry about Court bundles now!!??? You *CLEARLY* don't know me at all lol lol lol. OK, I'll take your word for it, and get it done! I'm going. Now Ok Going
  12. Oh good grief - where IS my bottle. I am STILL sitting here telling myself "do it, do it, do it". *WHY* am I being so wussy about it!! Anyway, today IS the day! It is. It is. It really really is. BUT now I've read on another forum that there's a "Court Bundle" to send and I've got all a-quiver again! In all the stuff I've read on here (and I've read and read and read), I've either just not registered that bit, or not seen it at all. So, I have the money to pay for the MCOL fees, I have the card ready, I have a list of charges, with and without the standard interest included. What more do I need? What the dickens goes in a Court bundle, and how do I do it online? Please give me the hefty kick up the backside that I need and MAKE me get this thing done.
  13. Thank you both. One final (I hope!) question. Finances being a bit on the tight side, I was wondering how long it took from issuing the MCOL thing to actually receiving the money back from them? My MCOL fees is £80. That's a whole week's grocery shopping which I can't afford to not have! Is it usually within the month, or do they drag it out as much as possible? I have decided not to go for the compound interest on this occasion, having come this far with it and still not understanding it enough to have the confidence to possibly have to argue in front of a judge! Will definitely look into it when going after all the other companies (Lloyds TSB Trustcard, Barclaycard & Sainsbury visas (husbands), and Lloyds TSB current account).
  14. I have been procrastinating for quite some time over issuing the court papers via MCOL to Cap1. Now that I am actually ready to go for it, I've had another read through of the FAQs before submitting and I find two things: 1. It says that if I'm doing it via MCOL then I need a credit card to pay. I haven't got a credit card any more. Can I use my debit card? Or can I ask someone else to pay with their card if it does have to be a credit card? and, more irritatingly 2. It also says in the FAQs regarding MCOL that you should ensure that the company (i.e. Capital 1) have received the schedule of charges claimed back at least two times. I've only sent it once, and that was with the last letter I sent, giving Mr Udy a further 14 days (until I plucked up the courage, and got paid lol) to pay up. Needless to say, he wrote again saying "look, I've offered you the difference between what you want and £12 a time, now go away". I really didn't want to send any more correspondence, having threatened them with court twice now. Is my oversight fixable, or have I blown it completely? Finally, while posting, can someone explain, in very small words what the difference between compound interest (which I think I've seen posted at around 29.something%) and the "normal" 8% which I've worked out on a spreadsheet (haven't sent that one to Cap1 of course). Should I be doing the compound thing, or leaving it at 8%. Obviously the compound thing (I first saw it on thesargeant's winning thread) would bring me a lot more money, but I definitely don't have the confidence to write the same kind of strong letters that thesergeant did! I'm feeling sick at the thought of adding 8% as it is!!
  15. thesargeant - I salute you. Remind me to NEVER get on the wrong side of you I was gasping then giggling at every post you made on this thread. I am in complete awe of you, and the others, who have the savvy and the confidence to go through with this kind of fight. I have been too scared to even go ahead with the MCOL thing, although all the letters have been exchanged between me and Mr Udy, and the forms have been filled out online ready to go. What a wuss!! Because I freely admit that most of what I read went "whoooooooooosh" right over my head, could I impose on you, or anyone else who can answer, to explain in really little words, what the contractual interest thing is, as opposed to the 6% thing that I've applied to my schedule? I have all the statements etc I need (had them without having to ask Cap1 to provide them), but don't know if I'm eligible for this contractual interest rather than the "normal" stuff. TIA And a huuuuuuuuuuuuuuge well done to thesergeant for his persistance. That last letter saying that Cap1 were unfit to hold a consumer credit license was just genious!
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