Help needed with Barclays

[hayley30]

Hello,

 

I wonder if someone can help me, i have a feeling i've gone so very wrong on my prelim letter and would like to know if i can rectify it?!

 

This is the first letter I wrote to Barclays:

 

 

Dear Centre Manager

Your ref: xxxxxxxxxx

Account no: xxxxxxxxxxx

Over the past six years, you have charged me for exceeding my credit limit and for unpaid bills. It has come to my attention that this is unlawful at common law, and under statute and recent consumer regulations.

In the terms of the contract which you agreed to at the time that I opened my account, it is implied that you will conduct yourselves in a manner which complies with UK law.

I require full repayment of these charges, which I calculate at £1915 plus interest of £405.11 to my new bank account at xxxxxxxx, Sort Code: xxxxxx, Account Number: xxxxxxxxx. The total is £2320.11. I also ask you to remove any default notices on my credit record that are related to these charges. A correction or amendment to the entries are not acceptable.

If you do not comply fully within 14 days, I shall begin a claim against you for the full amount, plus interest and costs, plus a claim under ss.7 and 13 of the Data Protection Act 1998 without further notice.

Furthermore, I shall submit to the OFT a complaint under the Consumer Credit Act 1974 upon the basis that you have failed to comply with their direction of 5 April 2006 and are therefore not 'fit and proper' to hold a consumer credit licence under the 1974 Act.

 

Yours faithfully

 

I've recieved a letter back from the Customer relations manager basically saying that we disagree with your view and they are unwilling to refund me the charges i have incurred...blah blah blah.

 

Now, what i would like to know is have i worked out the interest the wrong way (i used the interest calculator on this website) and if i have made a mistake is there any way of rectifying this? I've read on the FAQs that if i send a letter with the interest charged at 8% the bank will know that i don't know what i'm talking about and i will not recieve anything back.

 

Please help, it will be greatly appreciated

 

Thank you

Hayley

[hayley30]

Oh..........and to top it off i didn't send a schedual of charges with this letter either. I'm sorry worried it's the end of the road for me and my battle with Barclays.

 

I really hope that this can be rectified

[hayley30]

Hi, Can anyone help at all?!

 

I really want to get the ball rolling with Barclays if I haven't messed it up already. I am fully prepared to go all the way with Barclays

[Mrgreengenes]

Hayley, don't panic. You can only claim 8% interest when the claim is served through the court. I don't think that it matters that you mentioned it in your initial letter. Barclays tend not to start worrying until they receive the court claim. Then they know you are serious.

 

Your next step is to send the LBA (Letter Before Action) letter. The interest is only mentioned at the end of the letter and then only your intention to claim, not the amount.

 

Barclays don't need the shedule of charges at this stage. They charged you in the first place. All of that information is at their fingertips. The schedule of charges should be included when you submit your claim to the court.

 

If you are unsure of anything, no matter how trivial, ask away. Please remember, dumb questions are easier to handle than dumb mistakes.

[hayley30]

Mrgreengenes,

 

Thank you so much i really appreciate your help. I was beginning to think i had no hope of getting anything back!

 

Excellent!! Right, i'm going to do my LBA letter now and send it off.

 

Let the battle commence!!!

 

Thank you again

 

Hayley