Help needed. Darren V's Barclaycard

[DANNY.1]

Hi everyone,

Great site by the way, very helpful indeed. Need some advice for my son, though. Just got his statement's from Barclaycard (no refund of the D.P.A. fee, by the way.Is this refundable?) Plus the Microfiche blurb.

 

His statement's break down as such:

 

Late Payment charge. £20.00 Can he claim this back ? Yes/No

Exceeded Limit. £20.00 Can he claim this also ? Yes/No

Cash ADV/Cheque Handling Fee £2.00 Can he claim this also ? Yes/No

Interest on standard balance. ? Yes/No

Interest on cash balance. ? Yes/No

 

As you can see I cant find just which charges you can claim back (I have looked,honestly) Finally does being over your limit/overdrawn have any bearing on what you can claim back.Finally does being over your limit/overdrawn have any bearing on what you can claim back.

Sorry for being a bit Dim, hope someone can help. thank's.

[AndyE]

1. The Data Protection Act fee is not refundable, but you could add it to your claim.

 

2. Late payment charge - claimable

 

3. Overlimit charge - claimable.

 

4. Cash advance / cheque handling fee - not claimable as it's a charge for a service, not a penalty charge.

 

5. Interest - all that's claimable is the interest that's been charged on the penalty fees, not the interest on purchases or other service charges.

 

6. Being overlimit doesn't have any bearing on what you can claim back. You (or your son) will be in breach of his contract with Barclaycard, but that's a separate issue to the penalty charges.

 

7. Microfiche - this is a developing situation. I'd try writing back to them, tell them that they've not fully complied with your DPA request and give them the balance of the 40 days to rectify it. Alternatively if there are only a few statements missing and you're sure that there are charges on those statements then pay up and claim back the £3's along with the rest of the money.

[DANNY.1]

Thank's for your reply AndyE,

Going to write for confirmation of the exact date he opened his account now, may actually be the month of his 1st statement. May/04. If so then he dont need any other statement's.Then time to use the highlighter pen, me think's.

[DANNY.1]

Right made some progress got statement's plus the usual Microfiche garbage, yawn. Sent off the Preliminary Letter plus Spreadsheet got an offer this morning, you know the one Goodwill blah, blah, blah. Do I now send the LBA or just the rejection letter or both??? As you can see I am a tad confused. Thank's.

[DANNY.1]

Hi Folk's,

Can anyone help me with this question please.I have spent hour's reading past cases but still cant find the answer.Now ready for next stage but still not sure if I send Rejection letter/LBA (which is due soon) or both, bit scared of making a mistake to be honest. Hope someone can help. THANK'S.

[skbuncks]

Hi Danny

 

Send them a letter stating that you accept the payment as a partial refund only and that you intend to continue with your claim to recover the oustanding amount. Then send them your LBA, remembering to update for the amount already refunded

 

skb

[DANNY.1]

Thank's for the advice Skb, duly noted.Letter's ready to be posted on Monday. Barclaycard today sent my son a letter to say they had put a credit for (£96) into his account, this was their offer amount. If he can withdraw this in cash Monday morning then he will post Rejection letter/LBA after lunch. I get the impression they are expecting the offer to be rejected and have tried to preempt it by making the credit, albeit into an account that has been unused for over a year. Nice try. I must remember to alter/not alter, his amount's depending on whether or not he can withdraw the £96. With the full total being small in relation to many people's, I really feel that to drag it out to the court stages with cost's,interest etc is really poor practice. Who would be a bank shareholder eh, poor sod's. LOL.

[DANNY.1]

Hi Folk's,

Been a while since I posted,due to a serious family illness plus no PC. This claim has very much been on the back burner. Couple of question's:1, if it is some 2 month's or more since you sent your LBA do I have to start again? 2, Had a look at the MCOL form last night but how do you fit all the text on it?

[livelylad]

Hi Folk's,

Been a while since I posted,due to a serious family illness plus no PC. This claim has very much been on the back burner. Couple of question's:1, if it is some 2 month's or more since you sent your LBA do I have to start again? 2, Had a look at the MCOL form last night but how do you fit all the text on it?

 

Nope you can just continue.

 

Here is the POC for MCOL

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html