Barclaycard courtclaim re:Charges +6yrs -***WON*** Compound Int't and **NO SET-OFF**

[slick132]

Hi Shelley,

 

My apologies. I have amended my post above and added in red the bit that I omitted in error.

 

Andyorch says that s.69 Stat'y Int't can only be claimed at the prescribed rate, despite BC settling at a higher rate in the past. This, of course, only affects the interest accruing between issue of the claim and judgement or settlement.

 

So you'll claim compound Restitutionary Int't at 24.9% on your spready as normal up to the date of issue of your claim. This rate will also be mentioned in your POC's. But on your POC you should only claim Stat'y Int't at 8%.

 

Sorry for any confusion.

 

Re the Limitation Act 1980, it is no certainty that a judge considering a claim will agree that s.32 applies. Indeed, you had your own PPI case turned on this issue. It's down to how well you present your case, and the judge lottery.

 

[Shelley181146]

Well, my latest update is funny!

I sent my lba to BC outlining their mistakes around the charges made earlier in the month but they have replied as follows;

 

'I see from our records that we have received our Final Response and this clearly stated the Bank's positiion. Whilst I am sorry that you remain dissatisfied, I have looked into your case and I'm afraid our poisiton remains the same. We are satisfied that our charges of £12 are inline with our actual and estimated costs which are incurred and comply with relevant legislation and guidance'.

 

And, just to make it clear to me, they have sent me three copies in seperate envelopes (first class) all saying exactly the same.

 

Well, as they like doing things in three's, I will now draft my N1 claim which will be my third claim with BC and intend to win this one (just like the others) :whoo:

 

They haven't made reference to the charges being over 6 years old so we'll see what their defence say's when they receive the claim.

[dx100uk]

i find it interesting they state there is relevent legislation that they ARE allowed to charge £12...just WHERE i wonder!

 

dx

[Shelley181146]

I guess they're referring to the 2006 legislation but what tickled me was they've failed to realise that my charges were considerably more than £12 and over 6 years ago. Due diligence hasn't been applied there has it?

[FrancisFamily]

Hi Shelley,

 

How are you getting on with this one?

 

I have just received my statements back

- 11th September 2001 to 9th September 2008, even though I have a letter from them dated 30th August 2005 confirming that they had closed my account.

 

They advised that they had no statements from when the account was opened in March 2000 until September 2001

- is this consistant with the information that they provided you?

 

I was hoping that I had kept the account in order before then and that there would have been no charges,

but on the Octt 2001 statement there is a charge of £40 for what looks like "Out Of Order Charge".

 

The only transactions on the September account were for interest and PPI and it looks like the balance was £1750 with a limit of £1,500.

 

Unfortunately a number of the statements are unreadable as they are copies from the microfiche,

but I think I can still see all the charges, just not make out acurate figured for some of the transactionsand balances.

 

Do you know how I can calculate the interest charged on the charges?

 

This is made more difficult by the interest being split between cash advances and purchases?

 

Or should I just claim the interest in restitution at 24.9% on the charges?

 

Many thanks,

 

Dan

[dx100uk]

24.9%

 

This second spreadsheet is a compound interest calculator and can be used both for PPI claims and Charges Reclaims on Revolving Credit Accounts such as credit cards. Compound interest is not an award that fos will give in respect of PPI claims but it can be used in PPI cases that are pursued through the courts. It is the standard sheet that is also used for charges reclaims both on credit cards and loan accounts where interest in restitution is claimed.

 

CISheet v101.xls

[Shelley181146]

Hello Dan,

 

TBH not sure where I am with this case at the minute because I have been distracted with some other personal issues.

 

However, dx has answered your question in my absence which I am grateful for.

 

I am still breathing guys and gals - surgery over, just convalescing now

[FrancisFamily]

Thank you both for the advice, and especially thank you Shelley for inspiring me to keep going in order to get my old statments back to 2001 .

 

I'm sorry to hear of the surgery and hope that you are recovering well.

[SabreSheep]

Fantastic Thread.

Im in the same boat with BC. My original lax complaint was just closed. So Ive issued a new complaint about how they handled it and moved form 8% to full interest in restitution.

My only concern is that there appears to be a lack of recent wins with BC credit card charges. But we shall see what happens. Keeping my thread updated.

 

Thanks for your thread and thanks to slick et al as well for helping you

[slick132]

Hi Sabresheep,

 

I'll post links to a more recent case on your BC thread.

 

[Shelley181146]

Fantastic Thread.

Im in the same boat with BC. My original lax complaint was just closed. So Ive issued a new complaint about how they handled it and moved form 8% to full interest in restitution.

My only concern is that there appears to be a lack of recent wins with BC credit card charges. But we shall see what happens. Keeping my thread updated.

 

Thanks for your thread and thanks to slick et al as well for helping you

 

This forum is brilliant but you have to put the time in by reading threads around you're specific needs.

Slick has and continues to be a real support and I would not have continued with my cases without his and other CAGGERS knowledge and experience.

Keep up the fight but be realistic with your expectations.