mackerel vs barclaycard! ***WON***

[slick132]

Hi Mackerel,

 

I think the Red section refers to BC placing defaults on your a/c when they are not authorised. If this doesn't apply, leave it out. If you're not sure, leave it in.

 

As regards the £200 by all means take it off the total now being reclaimed but leave them to worry about the interest implications.

 

Typo pointed out now thanks.

[mackerel]

Sent off my preliminary request for repayment today! Waited a couple of days as i was due my april statement that had a couple of charges in it i just had to include

 

Now it's sit tight and wait!

[slick132]

Hi Mack

 

Waited a couple of days as i was due my april statement that had a couple of charges in it i just had to include

 

I like your style !!

[mackerel]

Haven't heard a squeak back from them. Posted LBA this evening.

[slick132]

Hi Mack,

 

Way to go !

[mackerel]

Knew it would happen!

 

Checked my postbox this morning and found a reply from them to my initial request for repayment. A couple of days late, i might add, but still...

 

They are offering me, as a "goodwill gesture", £350 + 8%. Not sure whether to reply with a rejection letter or leave them to deal with the LBA. I'm thinking if i don't acknowledge the offer, then they could return with it again and stall things by a few more weeks.

[slick132]

Hi Mackerel,

 

The £350 GOGW will leave you well short of the £1130 you've suffered in penalty chgs and that's BEFORE you add on the CI of £874.

 

Select the appropriate rejection letter from here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html.

 

Wait then for the 14 days for your LBA to expire, then file your claim at court.

 

You could of course accept their offer but it seems low and the 8% they offer will be a flat 8% and NOT calculated by reference to each charge date.

[mackerel]

ok, let this slip a bit because of a letter from barclays regarding my barclays account (link here).

 

Just chose the appropriate rejection letter (letter #4 from the list) and will send it off over the next couple of days, see what they say. They didn't reply to the LBA.

[slick132]

Hi Mack,

 

I've d/w the other matter on the Barclays forum already.

 

If they've had 14 days since your LBA you could, in theory, File your claim in court now. However, wait a few days and see if they up their offer.

 

They may well offer you all the charges back (with a little 8% bonus on top) but they WON'T agree to the CI.

 

So, in your rejection letter, give them a further 14 days before you File your claim.

 

Give

[mackerel]

Thanks for the advice. I got a barclaycard statement in the post this morning, and they've already refunded the £350!!! Cheeky buggers.

[slick132]

No matter - the rejection letter will take care of this and any refunds made can simply reduce the final settlement figure.

[mackerel]

Sent rejection letter off today. Will wait for 14 days before the next step.

[mackerel]

Got a response already!

 

Titled "Final Response", they confirm i have been charged £1200 in charges (including 8% interest, apparantly). They have already refunded £350 and as a most incredible gesture of their goodwill and generosity, have credited my account with another £850.

 

question: do i reply with another rejection letter or the LBA?

[slick132]

Hi Mack,

 

Decision time.........accept the 1,200 or prepare for battle.

 

If you are still wanting the full amount, send a Rejection Letter.

 

If you still haven't sent the LBA, do so now. If lBA has been sent, now it's time to File your claim at court.

[mackerel]

From experience, how much of a struggle do barclays make? Is it just filing it at court then waiting for a few days before the court date for a letter from them, or have they been putting up a fight lately?

[slick132]

Hi Mack,

 

From experiences here over the last few months, BC will defend the claim and enter an AQ. Only when you get a court date will they start to negotiate and they won't just cave in.

 

Check out:-

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/111406-camdenite-barclaycard-5.html#post1450179

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/115319-reddannio-card-3.html#post1415715

 

The latter case was settled but Reddannio agreed to confidentiality so we can't say if he won all he wanted or not.

 

Another on-going case is - http://www.consumeractiongroup.co.uk/forum/barclaycard/92123-alphageek-barclaycard-6.html

 

It comes down to you having confidence in knowing what you are claiming (ie charges plus interest on those charges + 8% when you File at court), having the confidence to fight up to, and possibly in, court AND being prepared to prepare 3 x Court Bundle (see Alphageek's thread) with all associated paper, ink and collation.

 

You can apply for a Wasted Costs Order but it's by no means a certainty that you'd get it.

[mackerel]

It comes down to you having confidence in knowing what you are claiming (ie charges plus interest on those charges + 8% when you File at court)...

 

Great links, was reading them but then stumbled upon this

 

If you are claiming CI, then you dont claim the 8% interest aswell.

...

Put your own details. And put the CI interest instead of the 8%

 

I think i might be confused already. I thought you could claim both? Interest on the charges (contractual interest) and then when it goes to court, another 8% (s.69) on top of that?

 

Either way, i'll reply with another LBA, since they didn't seem to acknowledge the first.

[slick132]

Hi Mack,

 

There's been a huge amount of confusion about the interest aspect of reclaiming - I'm still trying to get my head around it !!

 

I gather from Steven4064 (Mod'r) that the interest you are claiming on the charges is NOT actually CI. But you claim it from your Prelim Letter onwards and then claim the s.69 interest, in addition, when you file at court.

 

I thought you could claim both? Interest on the charges (contractual interest) and then when it goes to court, another 8% (s.69) on top of that?

Yes, I agree except it's not called Contractual int't.

 

I think I linked Steven's Interest Tutorial already. Read the relevant bits again and come back with any further queries.

 

There's no need to send a 2nd LBA. If they haven't replied, you can make your next move regardless.

[mackerel]

Ahh, so if i'm not claiming contractual interest, simply interest on the charges, then they shouldn't kick up much of a stink about it then? That is assuming contractual interest is different / another layer of money people claim on top as well? In other words, they should have no problem paying back the interest on the charges?

 

I'll definitely give the tutorial another read. And another, just in case...

[slick132]

Hi Mack,

Ahh, so if i'm not claiming contractual interest, simply interest on the charges, then they shouldn't kick up much of a stink about it then?

WRONG:eek:

 

They will kick up a stink as it'll cost them a fair bit more to settle your claim due to the interest on the charges.

[mackerel]

ok, i sent them back a combined rejection / LBA, just to be sure i've covered all the steps and it doesn't seem like i'm not giving them enough options to settle. Time's nearly up and i haven't heard back, so i think i'm ready to start a claim. Getting everything prepared to post on Monday.

 

Got the claim form, but just wondering how i add the 8% onto the charges it - i used steven's spreadsheet (interestcalc.xls), and it doesn't include the 8% automatically?

[slick132]

Hi Mack,

 

Use the updated spreadsheet total to give your total claim.

 

s.69 Interest is then calculated at a daily rate of 0.00022%.

 

Eg Total claim (Chgs + int't on those charges) £1800.00

 

1800*0.00022 = 39.6p

 

So interest will accrue at the rate of 40p/day from when you file at court.

[mackerel]

Thanks for that. Filling out the POC now, and need a bit of guidance on a few fields.

 

This bit confuses me slightly:

Charges £xxx.xx

Associated overdraft interest charges £xxx.xx

Interest under s.69 County Courts Act 1984 £xxx.xx

Court Fee £xx.xx

 

TOTAL £ xx.xx

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.

So for the second part ("Plus interest pursuant...") i use the bit of information you gave me above (40p per day). But what about the first mention of "Interest under s.69 County Courts Act 1984" - what value goes in there? Is it 40p a day too?

 

Just opened up the spreadsheet and i think where it calculates the dates for the interest based on the current day, my interest on charges has gone up. In other words more interest has been added whilst i've been doing the previous steps.

 

Do i need to stick to the interest on charges value i used when i first wrote to them, or do i use the current (todays, increased) interest on charges value?

 

Finally, forgot to add, in their last letter to me, they confirm that i've been charged about £50 more than i am currently claiming for: i asked for £1178 (in charges alone), they confirmed £1220. Should i add this to the claim, even though i can't prove when those charges were placed?

 

And even more finally (!!), do i use this POC N1 or the barclaycard sticky one

Edited July 3, 2008 by mackerel

[slick132]

Hi Mack,

 

Use this POC - http://www.consumeractiongroup.co.uk/forum/show-post/post-1140480.html

 

Add in the extra £42 charges half way through your spready with the narrative "Add'l chgs as per BC". If they want to dispute this, it can be d/w during final negotiations.

 

The int't WILL have increased since you last opend the spready - use the figure showing NOW.

 

(1) A declaration that the sums totaling £[ xxxx.xx] have wrongly been applied to the Account

 

(2) Payment of the said sum of £[xxxx.xx ] and interest of [£xx.xx - use int't figure from spready] applied by the Defendant thereon.

 

(3) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of claim at the daily rate of [ (Yr chgs fig + yr int't fig) x 0.00022 = xxp/day] until judgment or sooner payment.

I'm going to get this checked first to see I'm right, so please wait for confirmation before sending off.

 

Once you file at court, you'll need to get working on the Court Bundle - put it all together in a file ready to print off the 3 copies when req'd by the court. Start now so you know what's involved and avoid a last minute panic.

 

See also AlphaGeek's thread showing how his case went in the closing stages.

[slick132]

Hi Mack, Steven4064 has advised that you put this on your POC.

 

(3) Interest in restitution of £xxx at the defendant's normal interest rate of xx% compounded up until date of claim and at a daily compound rate of x% until judgement or sooner payment,

 

(4) If the court is not minded to grant compound interest, interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of payment of the Charge to date in the sum of £[xxx.xx ], and at the daily rate of [ xx ] until judgment or sooner payment.

 

The daily interest rate for the compound case is calculated as (1+APR)^(1/365)-1

 

Steven left out item (4) to avoid putting it in the courts or BC's mind.