Barclaycard Charges Reclaim and, now, Default Removal

[johnhn]

Thanks slick, I'll use that. And no, no intention of posting my full POC publicly.

[johnhn]

Just a quick question. The online form says:

 

"Do you want to reserve the right to claim interest under the County Court Act? If yes please select 'yes' and complete the following fields. If you wish to claim interest under any other act or agreement please select 'no' and enter the full details of your interest agreement in the box below."

 

As I understand it, technically I want to do both (claim interest under the County Court Act, and claim restitutional interest). Confused.

[slick132]

Select YES and complete the required fields about s.69 Statutory Int't. This is what you'll claim from date of issue of the claim to date of payment or settlement.

 

Details of restitutionary interest can be detailed properly in the POC.

 

[johnhn]

Select YES and complete the required fields about s.69 Statutory Int't. This is what you'll claim from date of issue of the claim to date of payment or settlement.

 

Details of restitutionary interest can be detailed properly in the POC.

 

 

Trouble is the form won't allow you to claim from date of issue of the claim...

 

"The following errors have occurred:

1. Date money became owed must be in past.

2. Claim Issued date should be after Money Owed date above."

 

I was thinking of selecting NO but putting it in the POC anyway...

[johnhn]

OK, got it. I'm not claiming s.69 Stat. Int't in the way it is presented on the online form. I am claiming the sum of multiple penalty charges plus restitutional interest applied to each amount from the date of the charge to date of settlement/judgement. I am also claiming 8% simple interest on that amount from date of claim to date of settlement/judgement, so in my POC I will state:

 

"And the Claimant claims;

 

(1) A declaration that the sums totalling £564 have wrongly been applied to the Account.

 

(2) Payment of the said sum of £564 and interest in restitution of £743.58 as per Sempra Metals v Inland Revenue Commissioners.

 

(3) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum [daily rate of 29p per day] from the date of claim until judgment or sooner payment.

 

(4) Court costs of £70.

 

(5) Removal of all adverse credit data for the account, as the remaining account balance is made up wholly or significantly of unlawful penalty charges and associated interest."

[slick132]

Hi John,

 

That looks fine.

 

[johnhn]

I've been reading Orge's Barclaycard thread recently as he received a partial refund to his account prior to his claim.

 

In July I received a letter from BC saying they were refunding £168 in late payment and over credit limit charges because they had failed to "send one or more statutory notice(s)". Unhelpfully, they neither dated the letter nor the refunds.

 

I'm not sure how to account for this in my PoC/SoC. My inclination is to mention it (and say that I have neither acknowledged it nor accepted it as partial settlement) but leave it out of the calculations as it's an on-paper-only refund of no tangible benefit to me. Does that seem right?

[slick132]

This is something you can deal with when you come to negotiate settlement with Barclays or their legal reps.

 

Take no account of any refund at this stage.

 

When the time is right, you can simply take the figure as per your SoC and write a manual adjustment beneath the SoC figure.

 

[johnhn]

Thanks again slick

[johnhn]

Another quick question (hopefully). My Barclaycard contract started in June 2013. There have been changes in consumer law over the last few years (e.g. UTCCR 1999 ---> CRA 2015). Exactly which consumer regulations does this contract fall under?

[johnhn]

The reason I ask - response from solicitors.

 

It's absolutely nothing I haven't seen before in other threads

 

but I just want to make sure I'm quoting the right legislation!

 

Nice of them to give me a pointer though...

TLT Response 18-10-17.pdf

[slick132]

Hi John,

 

Have you actually filed the claim yet ?

 

Their letter may be in response to your LBA and can ignored for now.

 

[johnhn]

You're dead right, no I haven't and yes it is.

[slick132]

Hi John,

 

Then just get on with filing the claim.

 

I would normally suggest you forget about seeking the refund and compound interest because :-

 

1. The refund of charges already made to you.

 

2. The default charges are relatively recent so the effect of compound interest is far less significant.

 

But I realise this is being done because of the adverse CRA data you want removed.

 

Crack on for what you want to achieve.

 

[johnhn]

Thanks slick. Claim filed.

[johnhn]

Back to my PoC. It's more or less done. I just want to make sure whether I should be quoting the Unfair Terms in Consumer Contracts Regulations 1999, or Consumer Rights Act 2015.

 

Barclaycard's solicitors say the UTCCR's 1999 are "no longer in force" (which I suspect is an economy of truth designed to knock my confidence).

 

The FCA website states:

 

"The UTCCRs protect consumers against unfair terms in standard contracts between firms and consumers. They implement the Unfair Terms in Consumer Contracts Directive (93/13/EC) and apply to contracts entered into from 1 July 1995 to 30 September 2015."

 

"On 1 October 2015, the UTCCRs were revoked and replaced by the CRA. The CRA applies to consumer contracts entered into on or after this date."

 

"on or after", but not before.

 

So whilst would be true to say the UTCCRs do not apply to contracts entered into on or after 1/10/15, it would NOT be true (naughty solicitors) to say that they are "no longer in force" for contracts entered into before that date (i.e. mine).

 

Therefore the correct legislation to use in my PoC is the UTCCRs.

 

Am I right??

[slick132]

Hi John,

 

The sol'rs are correct in saying the UTCCRs are no longer in force.

 

But the Regs you use should reflect the date your a/c was opened.

 

[johnhn]

Hi slick, would you be willing to give my PoC a once over?

[Guest]

can you post up your final draft poc for reference

[johnhn]

can you post up your final draft poc for reference

 

Hi Ford, I've been advised not to post my PoC on the forum, but it's based on the new PoC template in the stickies section of the Barclaycard forum, tweaked with my details/dates/amounts/T&C's etc.

[Guest]

Hi Ford, I've been advised not to post my PoC on the forum, ...

odd (it seems much of it has already been posted on forum), but fair dos. no worries.

i won't be able to poss help on it then

ooi, who advised you not to post.

[johnhn]

Hi Ford,

 

who advised you not to post.

 

 

Don't post the full POC on your thread please.

 

[Guest]

ah, ok. missed that.

[slick132]

Twas me, as the POC's are not generally visible to anyone who's not signed in.

 

Just following Site Protocol.

 

But John, if anything is worrying you, post about it here or send me or Ford a PM.

 

[johnhn]

PoC served. N215 completed and sent.