old Barclaycard (via Skycard] making F&F to Scotcall

[SabreSheep]

IF BC do not comply with the SAR deadline

 

Write a formal complaint titled LETTER BEFORE ACTION stating that any further delay after the 7 days you are giving them WILL respond with a complaint to the Information Commissioner

If possible, include a copy of your original request AND copies of proof of postage and receipt of the original request.

 

You would more than likely get a courier delivering the paperwork to you pronto

[L1882]

Cheers sabre - I guess they still have more or less 2 weeks so you never know, the postie might be dropping in the information any day now.

 

 

Otherwise I will write a letter as indicated and post up for you guys to check.

[L1882]

Sharkleys did respond to my SAR - sent by DHL no less

 

 

I've been working through what they sent and have extracted a list of all the charges they have kindly levied along with charges for their Payment Break Plan.

 

One noticeable omission is the credit agreement!

 

 

I have sent of a letter asking why this is missing and for them to send it.

 

I am preparing my PPI and charges spreadsheets now and will post up later (or tomorrow depending on time)

with proposed letters for review and advice if anybody has the time.

 

On a separate not I've also received reams from Bank of Scotland to go through

- amazingly they have included the credit agreements that Lowlifes/BW have so far been unable to supply

[SabreSheep]

Good good.

 

As for the credit agreements, sadly there is much debate, they can be argued to be excluded from the SAR. A CCA request should get that for you.

 

For the reclaims, I recommend dealing with the charges reclaim separate form the Payment Break Plan.

 

Throw into the spreadsheet the charges. Try 24.9 and then 29.9 apr and see how the totals compare to the outstanding balance.

Ive misplaced the link to the calculator, will get ring the alarm and get someone to post a link here for it

 

Once you have the figures, its time to draft your preliminary complaint to the sharks.

[SabreSheep]

Post #5 has a link to it

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?315804-Best-ppi-compound-interest-calculator

[L1882]

I've got the spreadsheets - dx kindly linked to them previously. I've added the charges to one sheet and PPI to a different one. I've then added just the charges to the stat interest sheet - will do a separate one for the PPI. I've done the interest at 24.94 as that is what they were charging me and then left the stat interest at 8% on the second sheet.

 

 

I've attached the sheet. Now I'm reading the charges reclaim letter and it doesn't reference the amount I have calculated - should I amend this so that it says how much I am reclaiming or do I leave it initially to them?

[SabreSheep]

OK penalty charges you need to use the compound interest sheet the one linked above. Each charge and the day it was added to the account in order to get teh correct figure

 

same with the payment break ones on the simple interest rate.

 

The difference on the charges will be £1000's

[L1882]

Ah now I was told to add them to the compound sheet and run that until the date they closed the account/stopped adding interest (which I've done) then add the total to the Stat interest sheet to claim interest from the date of the last charge to the current day - should I not do this second step?

[SabreSheep]

OK

im not sure on the payment break plan reclaim. that one is better sent to the fos. That reclaim will be made of the following

 

1) The charge

2) The interest charged on that charge. If it was added to your credit card then you would use the compound interest calculater using the rate of interest they charged you.

3) The 8% simple using the other spreadsheet.

 

IN the Payment Break case you need to have the claim to date as being the date the account was terminated for the insurance charged. The 8% would be to the current date.

In order to calculate 2 and 3 accurately you need to list each charge on the sheet in turn, so it can correctly calculate the number of days interest has been charged/or due on each charge.

 

This could in theory get more complicated if they changed the interest rate during the lifetime of that policy.

 

-----------------------------

Late payment/over limit fees

 

1) As above, list each charge on the sheet seperatly so it can calculate the correct interest due

2) use 24.9% or what the interest rate they charged you. Whatever is greater.

 

This is simpler as you will probably want to be issuing a small claims action with "Interest in Restitution" which is simpler as what rate they charged you is immaterial.

 

DX or Slick might be able to word this better than me

[L1882]

Cheers sabre - I think I'm getting it. A little disappointed as, at least so far, the bank of Scotland one does not appear to have added huge charges! Still waiting to get to the loan statements though. Still intending to claim them though, no matter how small!

 

 

Think the big one for me with charges will be LLoyds Bank account - leaving aside historical charges they will have levied I know that from getting into financial trouble to account closure they added over £1700 in charges - suspect over the years I owned the account there will be a lot more.

[SabreSheep]

Sadly Bank Account Current Account charges are vastly more tricky

[L1882]

Yeah I know - been reading on here and elsewhere about the case that was won

- I'll see what the SAR reveals and work out of I can mount a case on the same basis.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

 

I'd bow to slick132 experience.

let them comment

 

 

typically

 

 

on both PPI & PENALTY charges you use both statint sheet and the CISHEET

 

 

the claim to date on each cisheet is set to the date they stopped their card interest

 

 

then that total figure from then is put in the statint sheet and runs from the day after their int stooped till the day they settle the claim

[slick132]

Let's stick with the penalty charges on the BC or Skycard a/c for this thread. Use new threads to deal with BC PPI, or matters to do with any other banks or a/c's.

 

List the BC penalty charges onto a compound int't spready and use 24.9% or 29.9%. You should reclaim the charges and compound interest to date.

 

Let us know the approx values for charges and for compound int't.

 

[L1882]

Thanks for the continued support guys.

 

 

Righto, looking just at the BC penalty charges - are you saying I can claim compound interest to date even though they stopped charging previously?

 

 

Looking at the figures then if I charge compound to the point they stopped (and at 24.9 as that is what they were charging) then I get £383.00 in charges (do you know that averages over £25 a month for the times when my payments were late and/or over the limit - and includes an unexplained £59 ADJUSTMENT) with 77.94 in interest making £460.94 in total. If I compound it to date then of course it is significantly more, with interest totalling 934.84 and 1317.84 the total owed. Now I'd be delighted to charge them this much but is it legitimate to do so?

[slick132]

You can claim restitutionary compound interest from the charge date, to the present time. You were deprived of the money at the time and you have continued be so deprived until they repay it.

 

The same principal even applies if you have not actually paid the charges and there is an unpaid balance.

 

You should read up about this from other *WON* cases.

 

[L1882]

Cheers slick - I will do some reading and plan to write the letter tonight so I can post it tomorrow. I will post the finished letter up for checking if anybody has the time before I send it.

[L1882]

I've attached the propsed letter (from a template on here) and also the spreadsheet (which I will append to the letter).

 

 

If anybody has time can you please review the wording and make sure it is relevant - I haven't made any significant change to the template).

 

 

Many thanks.

[slick132]

Hi L1882,

That letter is a bit lengthy. Adapt this one as it's a bit less verbose - http://www.consumeractiongroup.co.uk/forum/showthread.php?405889-Reclaiming-Credit-Card-Charges-Preliminary-Letter-Before-Action&p=4367739&viewfull=1#post4367739

 

The entry for 23/2/10 of £59 looks suspect to me. Do you know what that was about ? Penalty charges were normally £20, £15 or £12 but could be charged twice in the same month sometimes.

 

[L1882]

Honestly no idea on that £59.00 - I can't see what it relates to and is described merely as a debit adjustment. It probably isn't a penalty but as I can't match it to anything else I can only 'assume' it is a charge applied to the account.

 

Will look at that template and rewrite the letter.

[L1882]

Ok I have redone the letter using the newer template - do you think I should drop the £59 from the claim?

 

[ATTACH]57018[/ATTACH]

[slick132]

I suggest you leave the £59 on the spreadsheet and let Barclays Litigation deal with it. If it is not a default or penalty charge, let them confirm what it is.

 

[L1882]

Righto - Have now printed the letter and the appendix to it - lets see what they have to say. Now working on the PPI claim from them - will start a new thread once done to make sure I've done the letter and spreadsheet correctly.

[L1882]

So sharkleys have responded and, surprise surprise, they say they have looked into my complaint and cannot uphold it as they are satisfied their charges are inline with their actual and estimated costs and comply with legislation.

 

They then kindly inform me I can refer the complaint to the ombudsman. Now I know that will be pointless so what is my next best step?

[Bazooka Boo]

IMO if you're paying them anything?? drop it right down to a £1 a month for the life of the debt.

 

If they're not going to play ball, then reciprocate their immature attitude.