10 million customers - allow 1 million to go over credit limit just once x 12.00GBP - (Over credit limit fee) = 12 million quid clear profit ! Lets get real gentlemen Barclaycard have been doing this for years !

No further news apart from my PPI claim is now with the FOS. Hopefully after my overdraft is SB then i will go for court action on mortgage arrears. If Barclays in the meantime issue proceedings for the overdraft i will counterclaim for the mortgage arrears. So keeping my options open at the moments.

See the following thread and you will then understand taking any PPI court action could hurt your wallet. http://www.consumeractiongroup.co.uk...-for-4.5-years

And i would bet when Barclaycard pay up they will 'short change' you ! I have received 'settlement' from Barclaycard dating back to 1989 however according to my calculations they have under paid by £8,000- so my claim is now with the FOS. If you want immediate action i would strongly recommend you contact paul.xa.fox@barclays.com (Barclays Management Team) who should at least get you a settlement amount within 4 weeks.

See the following thread and you will then understand taking any PPI court action could hurt your wallet. http://www.consumeractiongroup.co.uk/forum/showthread.php?368967-Barclaycard-PPI-but-account-been-in-dispute-for-4.5-years

''The letter from the FOS states that M&S no longer have records and can only base the calculation on the information they have to hand. The last premium paid towards PPI was for 7p. According to the FOS this figure has been used "as a constant" to calculate redress to 1986.'' For all your known statements i would suggest you calculate the 'average' amount of monthly PPI paid (not just the last known PPI amount) and submit that figure 'as a constant'' to the FOS.

This might help :- Following taken from the FOS website :- where the financial business has incomplete records of the consumer’s credit card account Creating a hypothetical reconstruction of a credit card account requires detailed records of the consumer’s account. Sometimes, however, a business’s records might be incomplete and might not stretch back to when the consumer took out the PPI. This can cause problems when it comes to calculating compensation because the business cannot accurately assess the consumer’s loss without knowing their credit card balance each month, the amount they paid to the credit card each month and the cost of PPI. Where a business’s records of the consumer’s account do not go back to the start of the PPI, we do not usually think it is fair for the business to only compensate the consumer as far back as its records go. Instead we would usually tell the business to take reasonable steps to get that information and to work out the approximate amount of the consumer’s loss. This includes: asking the consumer if they have any records of their account (perhaps credit card statements) that would help the business calculate the consumer’s loss; if there is still a gap in the records, taking what is known about the consumer’s credit card account – and their behaviour during the period for which it does have records – and making reasonable assumptions based on that information about what would have happened to the consumer’s credit card account for the period it does not have records. When making reasonable assumptions, a business might want to take into account some of the following factors: the consumer’s actual spending and payments over some or all of the period for which it does have records; how its customers generally operated their accounts over the period for which it does not have records; the average credit limit of its customers over the period in question; its knowledge of how its customers generally behave. These are not the only things a business might want to consider when making its assumptions. A business should also be prepared to consider – and change where necessary – its calculation when a consumer gives evidence that they acted differently than the business’s assumptions suggest. Based on examples of good practice we have seen, the example below shows how a business might set out how it has calculated compensation for a mis-sold regular-premium PPI policy added to a consumer’s credit card when it does not have records going back to the start of the PPI policy: what we know you took out your credit card in January 2003 and took out the PPI policy at the same time; and your credit card balance today is £3,766.18. what we have assumed credit card interest at the rate charged on normal purchases applied to the PPI premiums added to your account; you would have paid the same payments to your account each month as you actually paid; and our records of your credit card account only go back to January 2005. For the period from January 2003 to January 2005 we have assumed that your credit card spending and your payments to your credit card would have been the same as their average from January 2005 to date. We have based our reconstruction of your credit card account for that period on those assumptions. If you have any information relating to your credit card account for the period from January 2003 to January 2005 that might help us to carry out a more accurate calculation, please let us know. If you do not think that these assumptions should be used in your circumstances, please let us know why not. what we have calculated if you had instead taken out your credit card without the PPI policy, your credit card balance today would be £1,553.48. We know this because we’ve looked at your credit card account from the day it started until now and worked out what the balance would have been without the cost of PPI and any interest and charges you paid as a result of PPI being included on your account; and there were some periods when, without PPI, your account would have been in credit. what we will do We will cancel the policy for you and will pay to you the difference between your credit card balance today (£3,766.18) and what your credit card balance would have been without the PPI policy (£1,553.48), which is £2,212.70. For the periods where your account would have been in credit had you not had the PPI policy, we will also pay you 8% per year simple interest on the amount you would have been in credit for the period you would have been in credit. In your case, this will be £97.88. In total we will therefore pay you £2,310.58 (£2,212.70 plus £97.88). what this means for you Going forward you will no longer have a PPI policy added to your credit card account so you will not be covered should you need to make a claim.

Now have Barclays Specialist Complaints- Executive Office on the case- They have promised to investigate my complaint and revert back to me by 12th Dec- Let you know the outcome in due course.

Default charges were added to the account up to 28th April 2008.

Barclays terminated my account in April 2008 and again Nov 2013

Slick 132 Many thanks for your reply. Yes SB should read April 14 Received termination notice April 08 from Barclays under Section 76(I) & 98(I) of the Consumer Credit Act 1974 and my last communication with Barclays was end of April 08. So SB clock started with cause of action - end of April 08. Would you know reasons/implications of why Barclays have issued another termination notice dated Nov 2013 ? If i issue( as you suggest a claim ) against Barclays for the mortgage arrear fee's would not this invite Barclays to counter claim for the outstanding overdraft ? Would it be better to attempt 'letter tennis' with Barclays or appointed DCA until SB date of April 14 ? Your further views would be appreciated.

Have not as yet issued proceedings against Barclays for the mortgage fee's but today received a telephone call from Barclays recovery dept asking when will i settle the outstanding overdraft of £2,800. This overdraft follows the court case in the Supreme Court and has not been used since 2008. Please note:for the Barclays overdraft:- 1. Termination notices have been issued by Barclays on 11th April 2008 and again on 11th Nov 13 2. Last payment on this account 25th April 2008. 3. SB on 26th April 2013. Barclays on the phone today told me unless i make an offer to settle or provide a payment plan they will send my account to a collection agent. Told Barclay Recovery on the phone :- PPI Claim is with the FOS for a Barclaycard claim in excess of £5,000 which has been upheld but i am disputing the calculations of Barclaycard (or the lack of them) Awaiting response from Barclaycard for late payment/over credit limit fee's of £300.00 Have Barclays mortgage fee's to claim of over £5,000 incl interest. Barclays Recovery were not interested in my other claims so what course of action would be best :- a) Delay until April to SB overdraft. b) Issue Court Claim for Mortgage fee's c) Ignore all forthcoming collection letters d) If i get into dialogue with Barclays this will acknowledge the overdraft debt. e) offer Barclays a settlement amount of say £500 for the overdraft debt. Decisions -Decisions Any advice would be welcome.

Thanks for the advice regarding the older charges. Will include in my POC. Some further advice/clarification regarding what exactly i can reclaim from Barclays. OK with Arrears charges of £40.00 a pop but also had charges of Overdraft admin fee's in relation to my Woolwich/Barclays mortgage reserve account. Fee's were anything from £6.00 to £75.00 In statements from Barclays Bank which were headed 'Openplan Mortgage statement' and itemised as :- a) Mortgage Account b) Mortgage Current Account Could Barclays use as a defence for the mortgage reserve account the bank charges case which OFT/consumers lost in the Supreme Court ?

Thanks for the advice. Herewith my POC :- Particulars of Claim Unlawful Charges The claimant had a mortgage agreement with the defendant dated XXXdateXXXX concerning a secured loan of £XXXXXX The said loan is subject to the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR) The defendant is statutorily bound by Financial Services Authority regulations – mortgage: Conduct of Business rules (MCOB) contained in the FSA Handbook, implemented under the Financial Services and Markets Act 2000 The mortgage fell into arrears after the claimant fell into difficulty and was unable to keep up the repayments as required by the mortgage agreement. The defendant levied mortgage arrears charges against the claimant. The defendants also levied further interest upon the said unlawful charges The mortgage arrears charges were levied at a rate which exceeded their administrative costs. The level of the charges were unfair because they breach the requirement of fairness contained in UTCCR The level of the charges is also unfair because they are the result of unfair treatment by the defendant and therefore levied in breach of the defendant's statutory duty to treat their customers fairly contained in MCOB For these reasons the interest charged on the unlawful charges is also unlawful I therefore claim the following:- a) Arrears charges xxxxxx b) Restitutionary damages @ 24.9% xxxxxx as per the case of Sempra Metals Ltd v Inland Revenue Commissioners Total of claim xxxxxxx plus 8% statutory interest. How does that look ? Will my POC fit into the CCMCC Salford website ?

Slick132 Thanks for your prompt response. Yes i have all my bank statements going back 13 years. (Issued legal actions against Barclays and then lost owing to the Supreme Court decision) Have all my mortgage statements for the whole life of the mortgage. Regarding my Barclaycard PPI claim which has been upheld, the problem is getting Barclaycard to agree a true settlement figure based on statements Jan99-March07 and estimates for Nov89-Dec1998 (no statements) I have noticed many claimants in a similiar situation have to involve the FOS to resolve. One claimant even sued Barclaycard to get them to provide a breakdown of their calculations and lost ! Incurred court costs of £6,000!

UPDATE Was just in the process of issuing court proceedings when a letter from Barclays arrived about my bank account. Barclays have issued a termination notice and given me 14 days to pay £2,800.00. Not used this account for over 5 years (sorry not the magic 6 years) 70% of the amount owing are bank charges incurred over the last 10 years! My claim for the usual bank refund was stayed prior to the Supreme Court judgement. Advice is sought on my next action. Do i wait and if proceedings are issued by Barclays do i counterclaim for the mortgage arrears of around £5,000 ? Also presently awaiting on Barclaycard who have upheld my PPI claim confirming the amount payable (in excess of £5,000) This one from other claimants experience could mean my claim going to the FOS ? Should i enter a dialogue with Barclays PLC ?

Thank you for your response. Yes i can well understand how difficult it can be keep trac of everything on this site. Yes i sent Barclays a LBA and received the usual BOGOFF and indeed then sent a final LBA some 5 weeks later and no reply.

http://www.consumeractiongroup.co.uk/forum/content.php?706-mortgage-arrears-charges

Mortgage charges and other unfair treament Particulars of Claim template Published on 1st March 2011 13:06 Number of Views: 2697 Don't forget that there are other matters which you might want to include in your claim. For instance if you have received negative entries on your credit file which relate to unlawful charges then you should claim to have these removed as well. In the XXX county court Claim number XXXXX Between XXX (claimant) and XXX (defendant) Particulars of Claim Unlawful Charges The claimant had a mortgage agreement with the defendant dated XXXdateXXXX concerning a secured loan of £XXXXXX The said loan is subject to the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR) The defendant is statutorily bound by Financial Services Authority regulations – mortgage: Conduct of Business rules (MCOB) contained in the FSA Handbook, implemented under the Financial Services and Markets Act 2000 The mortgage fell into arrears after the claimant fell into difficulty and was unable to keep up the repayments as required by the mortgage agreement. The defendant levied mortgage arrears charges against the claimant. The defendants also levied further interest upon the said unlawful charges The mortgage arrears charges were levied at a rate which exceeded their administrative costs. The level of the charges were unfair because they breach the requirement of fairness contained in UTCCR The level of the charges is also unfair because they are the result of unfair treatment by the defendant and therefore levied in breach of the defendant's statutory duty to treat their customers fairly contained in MCOB For these reasons the interest charged on the unlawful charges is also unlawful Other Unfair Treatment The defendant has also levied charges in respect of counsellor visits. The said counsellor visits [did not take place as claimed by the defendant or at all] The fees for the said counsellor visits were levied at a rate which exceeded the actual costs of the visits By virtue of the above, the defendant has treated the claimant unfairly and in breach of their obligations under MCOB The claimant seeks the return of unlawfully levied charges plus associated interest– £XXXXXX The return of unlawfully levied counsellor visit fees – £XXXX

I have based by POC on the template from this site dated 1/3/11 Is this no longer applicable ?

Would the following POC suffice ?? Particulars of Claim Unlawful Charges 1. The Claimant had a mortgage agreement with the defendant dated xxxx concerning a secured loan of xxxxxx 2. The said Loan is subject to the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR) 3. The defendant is statutorily bound by Financial Services Authority regulations Mortgage Conduct of Business rules (MCOB) contained in the FSA Handbook, implemented under the Financial Services and Markets Act 2000. 4. The mortgage fell into arrears after the claimant fell into difficulty and was unable to keep up the repayments as required by the mortgage agreement. 5. The defendant levied mortgage arrears charges against the claimant. 6. The defendants also levied further interest upon the said unlawful charges. 7. The mortgage arrears charges were levied at a rate which exceeded their administrative costs. 8. The level of charges were unfair because they breach the requirement of fairness contained in UTCCR. 9. The level of the charges are unfair because they are the result of unfair treatment by the defendant and therefore levied in breach of the defendant's statutory duty to treat their customers fairly contained in MCOB 10. For these reasons the interest charged on the unlawful charges are also unlawful. I therefore claim the following :- a) Arrears charges xxxxxxx b) Restituionary damages @ 24.9% xxxxxx Total of claim xxxxxxxxxx plus 8% statutory interest. Any help would be appreciated.

After spending the last 6 months dealing with numerous PPI claims i can now concentrate on reclaiming my Barclays mortgage arrears fee's covering 2004-2012. Will be claiming £880 plus £4,000 restitutionary interest at 24.90%. Will issue claim via CCMCC Salford (room for full POC) Any suggestions / ideas on my POC ?

Barclaycard APR in Oct 1989 = 29.8% From original agreement Jan 1999 = 19.02% Jan 2000 = 17.34% Jan 2001 = 17.90% Jan 2002 = 17.90% Jan 2003 = 17.90% Jan 2004 = 17.90% Jan 2005 = 18.90% Above rates from statements

From my own experience Barclays will go with defending / etc / etc and then one week before going to Court the 'offers' to settle will start from Barclays !

Letter sent last week to Barclays asking for repayment of Late payments/Admin Fees covering period 2004-20012. I know from previous experience with Barclays i will get the usual letter about the Limitation Act - our fee's are in accordance with our T & C's etc etc. So if after 14 days the moneys have not been refunded ( basically no chance) then off to court we go. At the Court stage will open my own case in the Barclays forum - No doubt this will take up my time for the next 6 months eventually for Barclays to offer settlement at the Court doorstep.(Unless this animal has changed it's spots - which i very much doubt)