Woody v Barclaycard

[woodentop]

Hi,

 

Its a long time since I have posted and am now ready to tackle BC. Wow how this site has grown - I am completely lost now.

 

Where has the templates library gone - I can't find it anywhere.

 

I do have old letters when I took on Cap1 in 2007 - are the letters still the same nowadays - i.e. can i use them? The SAR I used then was headed "DPA 1988 - SAR" is this the correct one?

 

Woody

[woodentop]

Its ok - ignore me - I found it - SAR in the post in the morning.

 

Woody

[slick132]

Hi Woody and sorry I missed this yesterday.

 

The Site update takes a bit of getting used-to but you'll find your way around soon enough.

 

You'll only get back 6 years of data from BC. Do you have any older statements that show penalty charges. If not, you'll just have to reclaim the recent ones.

 

Are you intending to claim compound interest in restitution, which will almost certainly mean taking court action. See the Interest Tutorial in my signature about this. Also read some of the other threads that involve restitutionary int't:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?261963-Missed-payments-Barclaycard-Mastercard-passed-on-to-Mercers

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?272824-Barclays-reponse-to-charges

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?217811-***-WON-BC-charges-repaid-with-Compound-Interest-***

 

If you only want back the charges without int't in rest'n, BC will repay these without court action.

 

8-)

[woodentop]

Hi Slick - thanks for the reply and the links - most helpful.

 

I will probably just go for the normal 8% unless there is a vast difference - will have to dig around to find older than 6 years tho - why won't they send them from when you opened the account - surely its just a case of pushing a button! I do have lots of statements so will start to go through them now.-

 

The SAR went off recorded on Friday - countdown commences.

 

Will update as and when I get a response.

 

Woody

[slick132]

Hi Woody,

 

If you have charges going back, say, 3 years or more with possibly some before for more than 6 years, the impact of claiming compound interest rises significantly.

 

For charges over 6 years, you'll need the data yourself, as BC now maintain they destroy data older than 6 years (Hmmmm!!)

 

When you have the info required from BC, and from your own older records, put the figures onto 2 spreadsheets (1 simple and 1 compound int't spready) to compare the figures. Then you can decide whether to go for compound interest, with all the extra effort involved with court action.

 

Also, if you want back any charges beyond 6 years regardless of simple or compound int't, you will have to take court action. BC will argue that older charges need not be repaid as they are Statute Barred by the Limitations Act 1980. You will counter argue citing 32© Limitations Act 1980 as your legal authority and Kleinwort Benson -v- Lincoln as your precedent case law.

 

8-)