Ready to have a go at Barclaycard! now received CC Claim for full amount

[Smoothound]

Well I make it it was 42 days on the 20th of May and still no response to my SAR

[slick132]

Then follow the suggestion in post #47 above.

 

[Smoothound]

Then follow the suggestion in post #47 above.

 

 

Before I send this additional letter with attachment is there a different address I can use as I fear I will get the same response from the PO Box number address?

[BRIGADIER2JCS]

Address the letter to the Data Controller at the Registered Office address with no PO Box number.

[BRIGADIER2JCS]

Barclays Bank

1 Churchill Place

London

E14

 

This is the registered office for the service of documents, address the letter to the data controller.

Edited May 27, 2013 by BRIGADIER2JCS

[slick132]

Hi Smoothie,

 

Don't mean to be pedantic but, AFAIK, the Canary Wharf address is just 1 Churchill Place and not 1b.

 

[BRIGADIER2JCS]

:-)That's not smoothie slick it is 1 my new finger joint catches on keys at times. Corrected:-)

[Smoothound]

Thanks for that address

[BRIGADIER2JCS]

Thanks for that address

 

Your welcome!!

[Smoothound]

SAR arrived today! Better late than never I guess! Luckily just before I sent my LBA. Now I just need to go through it and fill in the rest of my spreadsheet

[Smoothound]

My very poorly photocopied CCA says Barclaycard authorised this card in 1986 but my statements only go back to 2004!!

[slick132]

Hi Smoothy,

 

That's 3 years more data than many folk normally get.

 

To get anything more, you'll have to take court action as a separate DPA issue. See here - http://www.consumeractiongroup.co.uk/forum/showthread.php?361907-Barclaycard-SAR-for-Charges

 

See what the charges come to with compound interest at 24.9%. That may help you decide if it's worth seeking older data via court action.

 

[Smoothound]

Well the main thing appears to be that I was right with my rough calculations. The amount I owe them is about £200 less than what the spreadsheet tells me they owe me currently. I have another statement to go on that is more current than what arrived in the SAR but to all intents and purposes we at stalemate

[slick132]

Hi Smoothy,

 

BC are unlikely to agree to settle the a/c on the basis of negotiation re charges - hence the stalemate.

 

If you want this resolved properly and the extra £200 in your pocket, you will have to take court action.

 

[Smoothound]

Well I am going to send the following letter with spreadsheet attached and then go on from there. Should I add a bit about continuing to pay a £1 a month untill satisfied or anything else for that matter?

 

"Dear Sirs,

 

I am writing to insist that you refund all of the penalty charges incurred on the above account(s) since inception. These are listed as “Late Payment Charge” and “Over Credit Limit Charge” amongst others.

 

I am aware that these charges are unlawful at Common Law & Statute. This is further reinforced by the Office of Fair Trading report of 05/04/06, which concluded that these charges are unfair to the consumer. In addition, following a recent Freedom of Information request to the Office of Fair Trading I was informed that:

 

“Following consultation with eight leading credit card issuers we have concluded that default charges in most credit card contracts across the sector are highly unfair in terms of the Unfair Terms in Consumer Contracts Regulations (UTCCRs) and therefore unlikely to be enforceable against consumers”

 

If you believe that they are not penalties, then will you please demonstrate this by giving me a full breakdown of the costs you have incurred as a result of my breaches, in order to prove to me that your penalties really do reflect your actual losses.

 

I therefore insist that you refund to me, by way of cheque, the total amount of all charges incurred plus any interest accrued at the contractual rate thereon. I will not accept partial repayment nor will I accept that the Office of Fair Trading report of 05/04/06 deemed £12 to be an acceptable charge, as it clearly is not. I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive a refund in full which would return me to the position had these charges and interest thereon not been incurred.

 

To accompany your refund, I require a full breakdown of the charges you are refunding and details of how you have determined the amount of refund, including the original amount charged, the date which they were unlawfully applied to my account(s) and the amount of contractual interest you are paying for each refunded charge.

 

If you do not respond, or you do not respond positively, within this time period, I shall refer the matter directly to the Financial Ombudsman and Office of Fair Trading for further investigation.

 

Should I not receive satisfaction in this way, I shall then seek recovery by way of a county court claim against you."

[slick132]

Hi Smoothy,

 

Your letter is very generic. Wouldn't you be better saying summat like:-

 

I owe you £xxxx and am paying it off at £1 per month so hell will probably have frozen over before the debt is cleared.

 

You owe me a refund for penalty chgs plus restitutionary interest of £xxxx +£200, as per the enclosed spreadsheet.

 

To enable the debt to be settled, I am happy for you to take what you're owed, remove any adverse CRA markers about the a/c (because the balance is entirely penalty chgs and interest) and refund the balance to me direct.

 

This will avoid the need and expense associated with the court action that I will otherwise be forced to take.

 

Please reply within 14 days to avoid such court action being taken against you.

 

Obviously, make it read better than my quick version but keep it short and simple and send it to Barclays HQ.

 

[Smoothound]

Right got tied up doing other stuff like you do

 

I have my Spread Sheet ready and my letter as above but modified with help from slick132

 

In the meantime over the weekend I accidentally answered the phone to a Barclaycard/Mercers rep who I duly informed I was paying £1 a month and was about to send in a claim for charges etc. He told me that he would put my account on hold for a month while this took place but advised me that I was wasting my time as BC had already replied full and final to my first letter asking for a refund(posted near beginning of thread) and this one would be ignored. He also told me to not bother paying the £1 as if they owed me more than I owed them it would surely complicate things and again I was wasting my time!!!

Edited June 30, 2013 by citizenB

[slick132]

Hi Smoothie,

 

Don't worry about this call or the opinions offered by the caller.

 

Continue to pay the £1 monthly for now and get your letter off to BC.

 

Keep to your timescale though or BC will not take you seriously.

 

[FrancisFamily]

Something that you might find helps, is if you had PPI and reclaim that, ask them for the breakdown of actual and estimated premiums - in my case they shot themselves in the foot by advising they had premioums back to 2001 - they then managed to find the missing statements, which were stored in a different box due to a change of card number (same account though) lol!

[Smoothound]

Letter and spreadsheet sent 28/6 no response so far. Is there a good thread with full explanation of the going to court part I can read up on that any knows of before I go trawling?

[slick132]

Hi Smoothie,

 

See examples of BC cases where penalty chgs plus compound int't have been reclaimed here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

Also see here for a current case that's being defended by Barclays Litigation more vigorously than previous cases - http://www.consumeractiongroup.co.uk/forum/showthread.php?368541-trancyb-vs-Barclaycard

 

[Smoothound]

Looks like I'm there then. 14 days are up LBA next week I suppose!!

[slick132]

Hi Smoothie,

 

Use the time between now and when the LBA deadline expires to research so you know exactly what to put in your PoC's.

 

[Smoothound]

Hi Smoothie,

 

Use the time between now and when the LBA deadline expires to research so you know exactly what to put in your PoC's.

 

 

I've looked in the library but can't find an LBA template? I guess it's just a case of saying I gave you 14 days to respond to my charges refund request and have had no response I am now giving you another 14 days before I file my N1?

 

I'm currently reading through threads to get an idea of what I need to put in the N1

[BRIGADIER2JCS]

An LBA consists of you telling them what you believe the 'creditor' has done wrong or failed to do in clear detail and then stating equally clearly what you REQUIRE them to do to stop you issuing a County Court Claim within 1 4 days from the date on the LBA.

 

If you need help please let me know.