trancyb vs Barclaycard - probably **WON** with Compound Int't

[trancyb]

Sorry dx, im just trying not to hand them a stupid mistake on a plate! Seems this one alone could save my bacon! so anything i get from my bank accounts will actually give me money for a change!

 

Does this seem ok with all my rewording!

 

Dear Sir/Madam,

 

CARD/ACCOUNT NUMBER: xxxxxxxxx

 

I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £xxx plus interest, I am therefore claiming interest in restitution at 29.9% currently equal to £xxxx for the sums which you have taken. Total £xxxx

 

In recent years, Courts have been happy to accept claims for bank charges that exceed 6 years ,whilst having regards to the precedent set between KLEINWORT BENSON -v- LINCOLN CITY COUNCIL under section 32 © of the Limitation Act 1980.

Should county court action be needed I will be seeking to rely on this.

 

I require repayment in full of this. If you do not comply fully within 14 days, I shall begin a claim against you for the full amoun, plus my costs, without further notice.

 

Yours faithfully,

 

 

[signature ]

 

 

[print name]

[dx100uk]

it would be of worth to look at what others have done

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

dx

[trancyb]

Ok sorted, found a bit that was added re a test case from god knows which of the multiple threads i trawled.

 

One thing though, i removed the bit about defaults, am now thinking i dont know if they maybe did default me. Should i just add it back in case they did? Or is that something i need to find out first? I know how to do it so dont panic

[slick132]

Hi Trancy and sorry for the brief absence.

 

You can use the normal Prelim Reclaim letter but, instead of saying, "I calculate that you have taken £XXXXX plus £XXX which you have charged me in interest for the sums which you have taken. Total £XXXXX ................

 

............. You can say, "I calculate that you have taken £XXXXX in penalty charges. I am also claiming interest in restitution (as per the case of Sempra Metals -v- Inland Revenue Commissioners) which currently stands at £xxxxx. I therefore claim in total the sum of £XXXXX.

 

[trancyb]

Cheers slick.

 

Slightly random question now. Ive been on the phone to barclays as they have just cancelled my overdraft. Im wondering if they can still chase me for the overdraft once i file against them for the CC. Are the 2 debts linked when im in litigation?

 

I also offered them £600 on thursday and 150 a month off the debt, they refused. Said it either has to be cleared in 6 months or i need to take a consolidation loan!!!!! I think not somehow!

 

Turned it into a complaint for now, as i know they have to put the account on hold

[slick132]

Hi Trancy,

 

Roughly how does the size of the o/d compare with the amount you're reclaiming on the BC a/c.

 

The reclaiming of the CC chgs is not really linked to the o/d or it's withdrawal. However, they obviously cannot force you to take a consolidation loan.

 

I'd write to the dep't which is demanding the repayment of your o/d and say you are anticipating a refund of approx £xxx which you are happy (if you are) to use to repay or reduce the o/d. Tell them that it would be unfair of them, according to the BCOBS Regulations, to pursue you for rep't of the o/d when Barclays Bank owes you money in respect of the BC chgs.

 

[trancyb]

Top man slik! Thats what i tried to explain, but they didnt want to have it. I will wait for them to write to me about the complaint and respond as above.

 

The CC owes me enough to rid it and their OD from my life and gives change! Oh and the spready is going up by about 4 quid a day too!!

 

Thanks again slick!

[trancyb]

Just got a letter from BC telling me they cant provide the info i requested as i didnt enclose a ten pound fee! Crazy as i already have everything for ten years, more so, as the letter they refer to and enclosed, is my second letter requesting the info they failed to provide from the SAR. Therefore i wouldnt have needed to enclose the fee anyway!!!!! True pro's!

[slick132]

Hi Trancy,

 

Reply pointing out their glaring errors and demand a reply to you SAR within 14 days.

 

Adapt and use this template if necessary.

 

[MARTIN3030]

Saying that you didnt send the fee is a common tac Barclays will use.

A friend of mine recently took them to Court for this and they had the audacity to file a defence saying no payment had been sent.

They were not reckoning on him, having the receipts from the Post office for the postal order/signed for proof of delivery,and a copy of the application.

Neither did their legal team know of a letter sent by their DPO saying that he hadnt signed the letter so were not sending it.

Once they were informed that these would be produced in evidence,they were very quick to want to settle.

This is perhaps the most dishonest bank in the UK they cannot be trusted.

It is amazing that despite being fined tens of millions for their dirty deeds this year,they still continue unfazed.

[trancyb]

Slick I already have the lot they have been bloody odd in their replies all along it seems. But the HAVE sent me the full ten years already! Including a response to the letter they now cant respond to!!

 

Madness, but hey im good to go anyway once the USB lead for the printer i bought turns up!! Quite looking forward to this now, cleary im not going to expect it to be quick though!

 

All a bit of a debacle as far as they are concerned, but im pretty sure i will get my way in the end!

 

Martin I will keep this letter in case it helps that other thing we spoke about!

[MARTIN3030]

Yes good.

[trancyb]

Letter and SOC now printed and will be in the post tomorrow. Should i give them a little more than the 14 days as its christmas? or just count em down as normal?

[slick132]

Hi Trancy,

 

Yes, as it's nearly Christmas time, you could be charitable to Barclays and give them an extra couple of days before sending them your LBA.

 

[trancyb]

Sent today as i forgot to take it with me the other day! Feels good to properly have the ball rolling on this though!

[MARTIN3030]

Well done,they have had enough time.

They are almost certain to file the ack by 14 days with intention to defend.

They may even file a defence,but its unlikely to get further than this-certainly not to AQ stage.

[trancyb]

Thats cool to know. But a little while off just yet. That was the first letter asking for repayment . Im ready for whatever they fancy. Been here before with Barclays but not as barclaycard. Will go for the 2 bank accounts again when i get this one sorted too. And then natwest can hand over all their 6 quid charges too the sneaky gits!

[trancyb]

Well, i posted it on the 27th and it still shows this on the post office tracking. was posted at xxxxxxx on 27/12/12 and is being progressed through our network for delivery.

 

i sent it recorded so i guess they would have to sign for it still? Should i just resend it now? or could it cause issues?

[slick132]

I'd wait until it's time to send your LBA and use Rec'd Del'y again for that, in the hope that the letter gets signed for this time.

 

Perhaps second time lucky..................

 

[trancyb]

Cheers Slick, LBA sent today. Lets see if the postie sticks around for a sig this time!

[trancyb]

Right they got that one signed for, phew! was panicing there for a sec id have to send them again!

 

Also got the letter back re my overdraft, loan or cough up, and we stand by our decision! Oh well, stalled things long enough to get a LBA into them!

 

Im going to send them the letter to tell them to stop chasing me for it as i am owed money by them. Would it be ok for me to tell them to stop chasing me for the CC as well as the O/D on the same letter? The charges and interest they owe me, are more than the 2 debts i have with them combined!

[slick132]

Re the letter about the loan, respond saying there is an active Barclaycard dispute and you expect a refund large enough to clear your Barclays o/draft so would they stop making demands until the matter is resolved.

 

Get the LBA off asap, by Rec'd Del'y or save money by getting a free Certificate of Posting when you send the letter from a post office.

 

[trancyb]

Lba is gone. And they have signed for it this time so i have that sorted. I will sort the other letter now. Also will send another to the credit card saying the same.

 

Cheers bud

[trancyb]

Just spoke to barclays and Bc and got the accounts frozen again. So no chasing is going to happen.

 

They have advised me they sent the we disagree, case closed letter. So i guess i need to be thinking about the court app. I see the POC info is in the library, so do i need to know all of it, or just cut and past it? I figure i would ask now as i know there response and it gives me 6 days to get it in my head (if i must!) before their 14 days run out.

[slick132]

Hi Trancyb,

 

If you read through the other **BC WON** threads, they set out the way things usually run with BC cases.

 

It's best that you read and understand as best you can the POC's.

 

You can also add to the POC's to include the cases of:-

 

Sempra Metals v Inland Revenue Commissioners regarding interest in restitution.

 

Kleinwort Benson v Lincoln City Council re s.32 Limitation Act 1980