Barclays Partner Finance - Reclaiming late fees

[slick132]

The SAR sounds like a plan if you don't have full details of the present balance and how it's made up historically.

 

[SB100]

I have a reasonable idea up until about 8 weeks ago but from a letter I've received today they're still adding charges (for late payment of amounts made up solely of charges!)

[slick132]

Do the penalty charges show up on monthly statements ?

 

If so, what's the last penalty date you have.

 

[SB100]

I'm sorry I haven't replied to this, Slick- I've only just noticed the reply and they've been quiet for a while.

 

However, I'm being 'referred to mercers' again...

 

I need to send off the SAR so I can see exactly what's going on, but it appears that, as I previously though, they're used monthly payments to credit charges so it appears there are ayments outstanding.

 

I'm guessing their next step will be to issue a DN- which will be made up entirely off charges (as I've made the 48 monthly, contracted, payments).

 

Is the SAR the correct way to go, or should I just add in to the spreadsheet the monthly charges they've previously applied (I haven't had a statement for ages).

 

Is this normal behaviour (ie paying off charges out of monthly payments so it appears that there's a bona fide o/s balance)?

[slick132]

Send off the SAR without further delay.

 

[SB100]

Ha! They returned it wanting proof of identity!

 

Oh well- in the meantime, whilst the right hand was trying to work out what to do, the left hand sent me a full statement with every movement on the account.

 

I've now put everything in the spreadsheet (including charges refunded, which I've entered as minus figures) and I think I have the correct numbers.

 

Can someone check for me please?

 

Is there a correct way of wording the court claim form? Any guidance appreciated.

 

Thanks

[slick132]

Hi SB,

 

I would deal with the refunded charges by simply manually subtracting them from the final figures as shown by the spreadsheet.

 

This ensures that you get full credit for the penalty charges AND the restitutionary interest on them.

 

What help do you need re the claim form ?

 

[SB100]

I've put the charge refunds in on the date they were applied so it's adjusted the interest figure.

 

I presume I use the contracted interest rate?

 

I'm just looking for the wording for the claim form really then will do it online.

 

Thanks

[SB100]

Sorry, just to add, I also want to ask for the removal of any CRA markers that are based solely on charges.

[BRIGADIER2JCS]

Sorry, just to add, I also want to ask for the removal of any CRA markers that are based solely on charges.

CRA "MAKERS" ARE based on the actual conduct of the account "wart and all", difficult to challenge now.

[SB100]

Whilst I appreciate, entirely, what you are saying- the loan was paid up in full in January. The only sums 'outstanding' are their (unlawful) charges - therefore, as there is no payment due, no late payments should be marked. Do you get where I'm coming from?

[BRIGADIER2JCS]

Whilst I appreciate, entirely, what you are saying- the loan was paid up in full in January. The only sums 'outstanding' are their (unlawful) charges - therefore, as there is no payment due, no late payments should be marked. Do you get where I'm coming from?

I understand what you are saying completely, but the status of the account will be seen as having amounts outstanding as it seems that you have paid what you believe is owed i.e. the outstanding amount less the charges, so at present the charges unlawful or not form part of the debt that has not been paid hence the status on the CRA files.

Had you paid including the charges it would have been easier to challenge them at this point.

 

 

Please correct me if my assessment is wrong.

[SB100]

I've made each and every payment as prescribed by the agreement, although they've allocated payments to charges and therefore allege that the agreement has an outstanding balance.

 

It is my position that the agreement, is, in fact, satisfied, and that any sums they consider owing do not fall within the CCA and therefore should not be reported.

 

Playing devil's advocate, though, granted

 

Thanks for your interest

[slick132]

Hi SB,

 

If you litigate with Barclays, they are likely to settle before court and, if you include removal of adverse CRA markers and/or DN as part of your claim, they should agree to this. They have done so in previous cases. The removal is on the basis that the DN or adverse CRA markers include, or are made up entirely of, penalty charges.

 

Re post #33, I still suggest you make a manual adjustment to the final spready figure. This is a fair way to ensure you get back the restitutionary interest fairly.

 

[SB100]

Ok, thanks. A couple of questions..

 

What date do I use for the 'date money became owed to you' box?

Do I click 'yes' in the 'right to claim interest' box? Presume I use my calculated figure up to the date I make the claim and et the court add it from that date?

What do I use for 'daily rate of interest'?

 

Is there any sample wording anywhere to incorporate the removal of adverse CRA data applied solely due to charges?

 

Thanks muchly

[slick132]

Hi SB,

 

To address the issue of adverse CRA data being removed, on your PoC, you could say at the end :-

 

19. The Defendant has not repaid them or any of them.

 

And the Claimant claims

 

(1) A declaration that the sums totaling £[ xxxx.xx] have wrongly been applied to the Account.

 

(2) A declaration that adverse CRA data and Default Notice have been registered for amounts made up of or including unlawful penalties and that such adverse CRA data and Default Notice be removed or withdrawn entirely.

 

(3) Payment of the said sum, blah, blah ..............

 

Date money became owed to you ?? Where is this on the claim form N1, or are you talking about MCOL forms. We recommend using the CCMCC Salford office instead.

 

The daily rate of interest will be the Charges and Interest total x 0.00022.

 

Eg, if charges are 400 and compound int't is 1250, daily rate of int't will be 400+1250=1650 x 0.00022 = £0.36 per day.

 

[SB100]

Hi all, sorry this is going in fits and starts- Barclays went quiet, and as a result I've done nothing about it as I've been bogged down with work.

 

I still haven't dealt with the SAR issue - surely the fact they're writing to home address and have been for 5 years is sufficient- are they just being awkward wanting copy of passport and utility bill, and do I have to send them?

[slick132]

Hi SB,

 

You'll get nowhere with a claim against a bank if you let matters lapse for 7 weeks. They just won't take you seriously.

 

From your post #31, you have all the data you need. So send off your Prelim Claim Letter without further delay, enclosing an updated spreadsheet as your SoC.

 

[SB100]

Ok, interest at 24.9 or 11.6 (contracted rate)

[slick132]

See my post #9 last September.

[SB100]

Getting pretty p'eeed off with this now. I've sent the lba and spreadsheet, twice, to the address on their recent correspondence, and, for the second time, it's been 'returned to sender'. Grrrr. Going to ring them and ask for latest statement as they've added even more charges and late fees now!

[slick132]

Hi SB,

 

What address are you using ?

 

Why don't you have recent statements for the a/c ?

 

[SB100]

Barclays Partner Finance

P O Box 3979

Glasgow

G51 1YL

 

From what I can gather, recorded / signed for mail doesn't get accepted. I've had replies to non-recorded that I've sent to that address, so can only guess they're playing silly buggers.

 

All I ever get is letters advising charges, and threats to default (they always used to send DN's on the button, they've stopped since I pointed out that all was left was unlawful charges).

 

They're still adding charges to the account for arrears and late payments.

 

I only get a statement if I request one.

[slick132]

You can't use a PO Box address using Signed For delivery.

 

Send the LBA to BPF using normal post but get a free Certificate of Posting from the PO counter. That will be fine.

 

But remember to address any court claim to Barclays Bank PLC t/a Barclays Partner Finance using the London HQ address.

 

You can include any recent charges on the spreadsheet that you use for your final SoC.

 

[SB100]

Bugger, you'd have thought the post office would have told me that!

Just waiting for a new statement so charges are right up to date and will do as you suggest.

Thanks again