bobsp v Barclaycard

[bobsp]

Hi all,

 

S.A.R - (Subject Access Request) sent 14/12/06

They called the Mrs (this is Mrs bobsp v Barclaycard) saying they will send something out by 01/02/07

Nothing recieved so sent LBA 05/02/07.

 

As we have no idea what the charges for Barclaycard are what do I do after LBA expires. MCOL for what though?

 

I apologise if this is on the forum, i have been reading sooo much over the last few weeks my little brain if frying, I am watching around 10 other cases and trying to keep up.

 

Thanks in advance

[chorlton1]

how can you have sent an LBA if you dont know the charges?

 

Did you estimate them from some statements you had?

[bobsp]

The LBA is to force them to comply with the S.A.R - (Subject Access Request) as they have not sent anything out. Should I have gone another route? How cab I get them to send the statements out?

[chorlton1]

possibly my misinterpretation - did you send a "claim" LBA out or an "SAR non-compliance" LBA out?

[bobsp]

S.A.R - (Subject Access Request) non-compliance

[The_Badger]

Have a look at the library of documents on the general bank charges forum. There is a template for the non-compliance court claim.

 

The Badger

[bobsp]

OK, letter sent asking for £431 on 26/02/07, on 01/03/07 they just credited £143. I called B/Card to see what the CR was for, and I was told that it was the difference between what I was charged and the £12, that they should have charged, there will be no further credits.

 

I am sending a letter declining the CR, or that I will take as part payment, but if they dont pay the full amount, and I file MCOL, how much do I claim, and how does the interest side work?

 

Thanks

 

Bob

[sallysas]

They had 14 days to comply with the non disclosure LBA so if it were me I would

 

1. Send letter as you state above accepting as part payment only.

2. Proceed to court forcing them to provide data/statements.

 

Sorry you didn't say if the £400 odd you are claiming was because they sent you the info. If so I suggest you follow step 1 only.

[bobsp]

Hi,

 

We eventually got the statements after hounding Adrian Whalley.

 

I will write stating the above (no1) and remind them they have xx days left to pay the full amount, after that time an LBA, then MCOL.

 

Thanks

[sallysas]

What interest did you state on your prelim? You have to state contractual from the first, if you are happy to go down that way. If like me, you want to ease yourself in gently, claim 8% when you get to court stage. Vamp's spreadsheets do this for you if that is what you are using.

 

Do lots of reading while you are waiting. We were all new once and there is plently of help out there but you will feel more confident if you have a feel for the next stages in advance. Good luck

[bobsp]

What interest did you state on your prelim?

 

I stated 8% on my own spreadsheet which I formatted.

 

Thanks

[bobsp]

I have heard more and more banks are trying to refund the difference of what people have been charged and this £12 "As recommended by the OFT". I cant find anywhere that says the OFT recommend £12. Is there any kind of template or referral that can be sent back with the, partial payment/refusal letter that quashes these banks claims.

 

Thanks

[Michael Browne]

Office of Fair Trading - Credit Card Report Summary

http://www.oft.gov.uk/shared_oft/rep...ts/oft842a.pdf

[bobsp]

Bad link, thanks anyway

[Michael Browne]

Try this:

http://www.oft.gov.uk/shared_oft/reports/financial_products/oft842a.pdf

[kippy2]

I stated 8% on my own spreadsheet which I formatted.

 

Thanks

 

you dont include the 8% until you raise a court claim.

[bobsp]

Thanks, just what I was looking for.

[kippy2]

What interest did you state on your prelim? You have to state contractual from the first, if you are happy to go down that way. If like me, you want to ease yourself in gently, claim 8% when you get to court stage. Vamp's spreadsheets do this for you if that is what you are using.

 

Do lots of reading while you are waiting. We were all new once and there is plently of help out there but you will feel more confident if you have a feel for the next stages in advance. Good luck

 

 

i agree with sallysas. just follow the tried and trusted method. after all cag wouldnt be here a year later otherwise. dont try and fix what aint broken

[bobsp]

Is it worth supplying them with a copy of this, which I am sure they are aware of, well is there any harm in supplying a copy?

[kippy2]

I stated 8% on my own spreadsheet which I formatted.

 

Thanks

 

you do not add 8% until COURT CLAIM!

[bobsp]

I have am not claiming the 8%, but it is on the spreadsheet, if they offer all but the interest, thats that. When it goes to court, as Barclays and Cahoot have been filed, then I CLAIM the 8%.

 

"If you won via the courts, you would be entitled to add 8% interest (not compounded) on top from the date you were ‘first deprived’ of the money (i.e. the date of each charge). Therefore you may want to ask for the interest as part of the initial claim. It's important to understand that you are not legally entitled to interest unless you win in court, yet all prior letters are a tool of negotiation; think of it a bit like haggling."

[kippy2]

I stated 8% on my own spreadsheet which I formatted.

 

Thanks

this is what is confusing us all. so you didnt actually ask them in your prelim for the 8% aswell? all well and good. carry on then. but follow the tried and trusted method on here

[kippy2]

I have am not claiming the 8%, but it is on the spreadsheet, if they offer all but the interest, thats that. When it goes to court, as Barclays and Cahoot have been filed, then I CLAIM the 8%.

 

"If you won via the courts, you would be entitled to add 8% interest (not compounded) on top from the date you were ‘first deprived’ of the money (i.e. the date of each charge). Therefore you may want to ask for the interest as part of the initial claim. It's important to understand that you are not legally entitled to interest unless you win in court, yet all prior letters are a tool of negotiation; think of it a bit like haggling."

 

at court claim yes but not at prelim or lba stage. CCI is another matter are you claiming this from word go?

[bobsp]

No not CCI.

 

Also I think people are getting confused with the 8% and the overdraft interest thats on the prelim letter, as I did with Cahoot.

[bobsp]

OK, sent SAR off on 23rd March, received a reply yesterday,saying I needed to enclose a chq for £10.

 

I did, the first time.

 

Further down it said the 40 days will start from when the chq is received., also that the chq must be made out to Barclays Bank. The initial 40 days is up on 4th April. Should I just wait until then, or sort this out now...

 

Incidently I also received a letter last week enclosing my chq I sent to Mastercard, sating it must be made out to Barclaycard, then the 40 days will start, also due to be up on 4th April. Any ideas?