me and Barclaycard since 2008 - now 2019 interest refund??

[slick132]

Hi Wilma,

 

I'm hoping that £30.00 will cover the Court Fees.

Oops !! The court fee is not part of your claimed amount when assessing the court fee payable.

 

So you could claim £60 damages plus £35 for time in prep'n, printing, post and stationery. You can then also claim the £30 court fee and this is added at the foot of the N1.

 

Big Question - in my POC do I have to specify which parts of the Subject Access Request they have not complied with?

I'd add to item 7. on the POC as follows:-

 

7. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request, in particular, account statements covering the period date to date inclusive and a copy of the original executed credit agreement.

[angel_1]

thanks slick, i will take note of your info to use in my ge money thread

 

good luck wilma

 

laters angel x

[Wilma Shoozfit]

Thanks Slick -gosh look at the time - any sane person would be tucked up in bed and fast asleep this time on a Sunday Morning!

 

Changed N1 - I've asked for statements pre 03/2007 - I think that somewhere along the line B/C have cobbled up on this account -so let's see if they can find what they've done and see what they come up with.

 

Cheque's done and it's already to go Tuesday morning - as I don't expect any kind of sensible response from B/C between now and then.

 

I'll just go put my washing in the dryer and work out my charges and whip off a letter for them - and I just need to do a bit of research and then I'll send a letter re the PPI - Now that I've got the bit in my teeth there's no stopping me!

 

Good luck on your claim Angel -

[Wilma Shoozfit]

Nothing from B/C today - but then again I wasn't expecting anything so I'm not dissappointed.

 

The N1 will be in the post tonight.

 

I was looking at my PPI claim at the weekend - and I've discovered an oddity.

 

I knew I had some statements missing - and if the dates are anything to go by there are 6 - but I've alwayds doubted that as it didn't seem logical. However when I looked at the PPI certificate - yes I actually kept it - the PPI runs from 03/2006 - BUT according to the statements I have received for this period (the one's with a different card number) I had a nil balance because I paid off the account. So that means somewhere there are at least 12 months statements for my current card that have gone walkabout.

 

How does it affect any credit agreement if there are two accounts albeit one with a nil balance running in conjunction with each other?

[slick132]

HGi Wilma,

 

I'm not entirely sure on this but I'd expect the original agreement to govern the first card and any subsequent card issued (as a result of the theft of your card), regardless of the individual card account numbers.

 

[Wilma Shoozfit]

Let's see what turns up when they get their Court papers:)

[Wilma Shoozfit]

I'm really really sorry - but this does go on a bit but help and advise would be truly appreciated.

 

I am currently trying to sort out Barclaycard - I have this spiralling problem that inspite of not spending my account keeps going over the limit and all because of the PPI.

 

I took PPI out after a telephone sales chap caught me unawares one Saturday morning - back in March 2006. Now normally I cut tele sales folks dead in their tracks and I don't know how I got myself conned into this.

 

September 08 I wrote to Barclaycard telling them I wanted to cancel the PPI saying that their telesales hadn't explained what the actual cost would be and that it would be treated as a preferential purchase allowing the card to go over it's limit without my being told. (While I was at it I sent them a £1.00 for a copy of the credit agreement all sent recorded delivery.)

 

I wasn't quite certain at this point if I could claim mis-sold - but I figured I'd go for it - but even if I just cancelled at least I could get the account back on track.

 

October they took the PPI and I wrote and complained telling them I wanted a refund and the over limit charge (again) - I paid enough on the card to bring the it back to the credit limit and enough for the "expected interest" on the next statement. thinking problem solved!

 

In November they replied with a final response telling me to bog off - not mis-sold and as I hadn't cancellied I had to keep paying - and they slammed on the PPI in November and over limit charges again!

 

Needless to say I wrote back told them to read my letter cancelling, give me back my money over limit charges and interest.

 

In November after their bog off letter I send off a SAR asking for all the usual stuff, CCA (so far only T & C's rec'd),statements, data and transcripts of telephone conversations - so I could check the sale on the sale of the PPI and payments taken.

 

I got nothing back about PPI and in their letter they said they didn't record all calls and that if I wanted a transcript I would have to supply a date of the conversation so they could check their records.

 

December they took PPI again and I wrote once more telling them to refund or provide me with a copy of T & C's that says their "Optional PPI" is none cancellable - they've ignored me

 

January PPI & over limit charges again, but now I have rec'd a print out of the "data" they have on file and there it is 10/03/06 tele sales of PPI! But at the end of this section it says

 

"27/02/07 Cancelled customer no longer requires."

( I know at it was in Feb of 07 that I had my card stolen (some swine nicked my handbbag) and I phoned them in panic and told them to cancel the card - cancel everything!

 

So what I'd like an opinion on is

Can I claim mis-sold if they won't cancel it?

or

Should I just claim back to 27/02/07 when it shows on their records as customer cancelled? (There is no mention anywhere else in the data print out that I phoned and asked them to re-instate.)

 

At the moment I don't know how much I have paid in PPI as I have statements missing (about 12 months worth) and I have just issued a summons to try and obtain these and a copy of the CCA

 

Barclays have continued to take PPI and have ignored all my letters asking for a refund.

[dx100uk]

disgusting!

 

time to hit them hard.

 

calculate all you ppi payments.

then total up all the charges from 'x' date [when only the ppi/charges took you overlimit]

add their interest rate to the figure.

then add 8% to that figure.

 

write them a letter stating you want this refunded under mis-selling of ppi.

 

give them 14 days before you will start court proceedings.

 

there is a very good guide plus many useful threads with more detail.

 

go get 'em!

 

dx

[Wilma Shoozfit]

Thanks for coming back - do I claim back from when it started?

 

Until I get all my statements I don't know how much I paid in March 2006 to Feb 2007 (Court order applied for this week) so If I make a claim for part re-imbursement can I claim for the rest when I know what it is?

[dx100uk]

you can adjust your claim until it actually goes to court

but. it wont they will cave in

calculate all ppi and charges of whatever kind then follow as above

but give them 14 days before mcol

 

dx

[Wilma Shoozfit]

Many thanks DX

 

I'll work on that tonight - I'll keep you all posted

 

I'm not so confused now:)

 

Wils

[Wilma Shoozfit]

Can I claim compound Interest? makes a big difference!

[Wilma Shoozfit]

I'm in the process of claiming back PPI - and have included a lump of over limit charges in with this as it was the PPI that screwed the account up.

 

The rest of the charges (not many) are for late payment but the first one is 2003 and I have a couple in 2004 and there are some where they charged me late payment and have shown the payment I made? (I really should have been on top of this shouldn't I?)

 

- Can I claim compound interest? Compound doubles my claim:D

 

Funny the more I look the more I find - and if Barclays hadn't have treated me the way they had I wouldn't have bothered looking! Now I'm afraid they've truly rattled my cage

 

Wils

[noomill060]

Yes, I did and it wiped the entire "debt".

[Wilma Shoozfit]

CHeers - for that - so far with this and the rest of my other charges I've covered half the debt. I've still got another 12 months worth - from 2006 that should be loaded up nicely with interest - assuming of course that they haven't "lost" my statements. (now that would be an interesting state of affairs)

 

When I get this sorted I need to look at what been sent to the CRA's and get that lifted and see what action I can take about that B/C have beggared up my credit file with 12 month+ of over limit reports and all because because of the PPI that had been cancelled - But that will be another Story:)

[slick132]

If I read your post correctly, you've included a/c penalty charges with the PPI you're reclaiming.

 

The penalties for late pay's, etc should be reclaimed separately from the PPI because the law is different for these 2 aspects of your complaint with BC.

 

If you want to claim Contractual Int't on your penalty chgs, BC will refuse to repay it and you'll have to File a claim and take it right up to a court hearing date. If you stick to your guns, you should get the chgs and higher int't back just before the hearing.

 

I'll leave the PPI peeps to comment on that aspect.

[Wilma Shoozfit]

Hi Slick -

It was the PPI bods who suggested I went for the over limit charges with my PPI claim - because it was the PPI that sent me over the limit . - I've whipped up the letter for that and claimed compound interest for the whole lot. - I'm quite happy to take them to court - I've got enough proof to show they've messed it up. Thanks to their data printouts. But of course I haven't got all the statements to claim it all back yet but enough to claim back to when they confirm on their notes back in Feb 07 I'd cancelled the policy. I've told them there will be a further claim for 2006 premiums.

 

The rest of the charges - are less than 150.00 over the 6 years and I have claimed for them separately in some instances they have charged "late payment" even though I have made a payment - just not by the date they wanted it.

[slick132]

I understand what you were saying now about late pay't fees, even when they've shown pay't was rec'd.

 

As long as you include the relvant bits for each aspect in your POC, and any related court bundle, you should have it covered.

[Wilma Shoozfit]

Got a lot of photocopying to do - I've sent the quite a few letters on the PPI and there's 12 months statements.

 

If B/c had played nice it wouldn't have got to the sue em stage. I'm not usually confrontational - but if I get pushed too far I tend to dig my heels in. My ex used to say don't get mad - get even, (advice he probably regrets now.) So I'm keeping my cool and just getting even. If I can cut the debt in half I'll be delighted - If I can sue the beggars to kingdom come and back and wipe it all out with a couple of quid in my pocket I'll be ecstatic . But I'm not greedy and I am patient, I'll just keep plodding away, people this arrogant have a tendancy to shoot themselves in their own feet.

 

Off to bed night and thanks

Wils

[Wilma Shoozfit]

Heard from the Court today - summons sent on 25th - deemed served on 02/03 and then they've got a couple of weeks to get their act together.

 

Had a letter from B/C as well - "sorry to hear you are not happy with our service - please complete the enclosed customer feedback leaflet and we'll get back to you when Hell freezes over."- I don't know which of my many complaints they're referring to as they never cross reference their replies.

 

Also got my statement as well - PPI over limit charges and late payment charge this time - I didn't pay them in January I needed the money to sue them:D.

 

I'll keep you updated.

 

Wils

Edited February 28, 2009 by Wilma Shoozfit
keys on keyboard jumbled!

[Wilma Shoozfit]

Claim sent and delivered - sent it to registered office. I gave them a 3 weeks. to pay.

 

I got a reponse from the Court today I've issued a summons to get the rest of my statements and a copy of the credit agreement. B/C have got just over a couple of weeks to respond to the Court.

 

I also got my latest statement - PPI still being charged in spite of all my letters to them........Tsk!

[slick132]

Hi Wilma,

 

I didn't pay them in January I needed the money to sue them:D.

I'm sure they'll understand, but will need 8 weeks anyway, just to be certain.

[Wilma Shoozfit]

I've had another missive from B/C.

 

Thankiing me for asking about my charges and saying if i send them £10.00 they'll send me my statements.

 

Their customer service is truly appalling - Doesn't anyone make notes on my records so they can see what's going on? Or are they too frightened to do so in case it shows up on the SAR that they've messed up? If I treated my customers at work the way they treat theirs I'd have been in the dole queue long ago! They really are a shoddy lot of unprofessional plonkers.

 

This is the second time in 2 weeks that they've asked me for the SAR fee. Inspite of me already sending them it and them sending me information under the SAR request.

 

I shall send this last chap a list of names of the people who have "supposedly" been dealing with my query and get then to talk to each other instead of wasting my time. They can find out who's week it is for the brain cell - tsk!

[tosh1]

subbing. i'm dealing with barclaycard too and they have yet to send me a proper cca. the account has been defaulted though and now been passed on to howard cohen and co solicitors. so will be watching your thread with great interest

[Wilma Shoozfit]

Got this back from the Court today

 

http://i422.photobucket.com/albums/pp309/WilmaShoozfit/Courtresponse.jpg

 

B/C have acknowledge the claim and are going to defend the claim? Defend what?

 

They have 28 days to provide the "defence". This should be interesting:rolleyes: