Northern Ireland Confused...!

[aronski]

Hello this is my first post.

 

I want to claim unfair charges from my barclaycard visa credit card. I was a student in manchester when I was issued this card in November 2001.

 

My credit card had a limit of £500 which was involuntarily reduced to £280 about four months ago after I made a payment to reduce what I owed to that amount.

 

I am now living at home in Northern Ireland and am reading through copies of my monthly statements which I requested from BCard, having sent the cheque for £10.

 

They also sent copies of my microfilm records, but they said that the did so as a gesture of goodwill.

 

I am a bit confused about some of the charges and am unsure about what to claim back. Here is a break down of the charges:

 

Late Payment charges: £396

Over Credit Limit charge: £417

 

Each charge was £15 until May 03 when they were incresed to £20 charges, and then in August 06 the charges were reduced to £12.

 

There was also a single charge of £20 for Returned Payment Charge. I don't know what this is for.

 

So I add the Late Payment Charges, the Exceeded Limit Charges together and the single Returned Payment Charge and they total £833.

 

Is this what I am to claim?

 

What is the next step I should take now?

 

I am also uncertain about if there is a different procedure to claim this money as I live in N.I.

 

Incidentally, during the weeks that I requested my account records, a lot of withheld number calls were made to my house. If a female member of my family answered it, there was no reply. If a male answered it my name was asked for (and it was barclaycard). If no one from my house spoke first there was silence, then eventually someone asking for my name. Each time they called they were asked to ring my mobile (I am currently a student and not living at home except at the weekends).

 

I am considering reporting this to the police so that my phone company can check who was ringing. I suspect the dead calls to be from barclaycard. Would this be a fruitless move?

 

Many thanks!!!!

 

aronski

[aronski]

PS They took more than forty days to send me my records, but they sent me two letters before I received the records, the first acknowledging my request for the records, the second saying that the 40 day period was nearly up but that the records would be with me shortly, possibly exceeding the forty days.

 

They arrived a week after this last letter.

[aronski]

PPS (sorry)

 

Since I requested the records, I have a personal account manager who deals with me. I think this is unusual because there is nothing new about my account - I missed my last payment as I have done many times before. Previously the usual call-centre worker would call me and try to get me to pay, but now its a woman called martina who only works daytime hours.

 

She is quite nice to speak to, as she seems to listen well and seems to be sympathetic!! But I haven't told her about my intentions to claim money back.

 

She is worried that I get another charge for late payment. Can I freeze my account now? I don't want to use Barclaycard anymore and I'd rather just cancel the whole thing and offer them to take what I owe them (£280) from what I am claiming from them. Is that possible?

[paulpb123]

Hi Aronski,

Regarding the harassment by telephone, you might like to send them this. I did and they've stopped calling:

 

Barclays Bank PLC,

1, Churchill Place,

London,

E14 5HP

 

YOUR ADDRESS

 

DATE

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: xxxxxxxxxxx

 

Dear Sir or Madam,

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these calls stop, but I am still receiving calls.

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you may be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded.

 

Yours faithfully,

 

Aronski

 

Your next move would be to send the preliminary letter (in the Bank Templates Library) asking for your money back. You will need to deduct the 3 adjustments, they are refunds. Expect them to delay and quite possibly tell you lies along the way but you will get there in the end.

All the best,

Paul

[aronski]

Thanks paul, Just read your thread, well done, Im sure it was a hairy journey but the satisfaction must almost be worth more than the money itself!!!

 

I'll get those letters in the post, wish me luck!

[paulpb123]

Good luck (you won't need it though, just a bit of persistence).

[aronski]

Oh Im still confused -

 

Am I to ask them to refund me £396 Late Payment Charges, £417 Exceeded Limit Charges, £20 Returned Payment Charge?

 

In the letter in the templates section, it talks about interest... what interest?

 

I have added up the interest from my records, they show:

 

Interest on Standard Balance: £211.67

Interest on Cash Balance: £219.16

 

I have no idea what these seperate charges are...

 

I have also been charged £78.50 in ATM withdrawl services...!!!

 

Do I include 8% interest on these charges? Which charges? Sorry if Im not getting this info straight...

[paulpb123]

Now you've got me confused too! Returned payment charges, exceeded limit charges, returned payment charges. Claim them all. The interest can be added but that can be a little complicated. Lots of people just go for 8% when they issue the claim. Some people are doing contractual interest (which can inflate your claim massively), have a look around some other threads. I wouldn't recommend doing this unless you really know the score. You'll need to do some research for that. Now, get those letters in the post and give Barclaysharks hell!!!

[Brad Smith]

you can claim back the overlimit charges, late payment & returned payment charges.

 

unfortunately, as far as I'm aware the £78.50 is cost they charge you to take money from a cash machine and isn't recoverable

[Brad Smith]

obviously, they don't charge you £78.50 to take money from a cash machine (though I'm sure they would if they could). I think it's something like £1.50 per time or summat like that....

[noomill060]

To work out what contractual interest has been levied on these unlawful charges, go here:

 

Compound interest calculator

 

You enter the amount you have been charged, the date and the percentage rate. I think Sharkleycard charge 19.9%

 

Add up the total (Charge+ interest) and that gives you the amount to tell them you want back.

 

If they refuse to pay this in total and completely, the next step is a letter before action then download this form:

 

http://www.courtsni.gov.uk/NR/rdonlyres/455D2037-537B-46FC-B852-B78716658EB8/0/p_ucs_smallclaimnewapplication.pdf

 

 

Also download or get this Small Claims guide from you local court:

 

http://www.courtsni.gov.uk/NR/rdonlyres/5F7A0BF5-BC00-4844-8053-24F29E53D9BC/0/p_ucs_smallclaimsguide.pdf

 

If and when you fill this form you can add 8% or the CI rate of 19.9 or whatever their rate is to the total plus your court costs (which you have to pay up front when you file these papers, in triplicate to the Small Claims Section at the Civil Processing Centre in Belfast)

[noomill060]

You will be amazed how much you have been conned into paying.

[aronski]

Thats great help, thanks so much! I will get great pleasure in doing all of this!!! Lol!!!

 

Watch this space

[noomill060]

Have fun!

[noomill060]

360 day year and 12 "rests" per year

[aronski]

I think I must be really stupid... Im still stuck on what interest to add...

 

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

 

In the compound interest calculator do I enter each fine (eg £20), its date, the interest rate and then calculate? Do I do this for every month I have been fined since 2001 and add them up and quote that as the interest I claim back?

[aronski]

I just got my monthly statement, Mercers Debt Collections Agency is now dealing with my account.

 

There are four different interest rates quoted on my statement, and I don't know which one applies to me....

 

Purchase Annual Rate: 24.9%

Cash Annual Rate: 27.9%

 

Where I am actually charged interest in my detailed information panel, it says:

 

Interest on your cash balance 2.075% = £1.10

Interest on your Standard Balance 1.873 % = £4.38

 

You guys are really a great help!!! I want to get this letter posted today hopefully...!

[paulpb123]

Not sure what the rate is, maybe look on their website. It will probably be quite high though (around 20%). As for working out the interest, yes, for each charge enter the date, the amount and the current date. It then gives you the interest for that charge. You then add them all up Its a bit laborious but it works out to be a very good hourly rate of pay.

[aronski]

Oh my eyes have been opened!!!! Hmmm yes I took the interest rate to be 14.95% as it was a student account credit card and that is what their rate is. It sounds familiar to me anyway.

 

That makes a nice sum of £461.01 Interest...!!!!

[aronski]

Alright, nearly there! Is this correct?

 

I calculate that you have taken £857 plus £461.01 which you have charged me in interest for the sum which you have taken. Total £1318.01

I enclose a schedule of the charges which I am claiming with this letter.

 

I'm now just trying to work out the schedule of charges, I couldn't find an example of one... is it a list of all of the dates I have been charged, including the amount charged and the interest along with the date by which I expect to receive it paid back? ie two weeks....

 

Does this list have to be photocopies of the statements or can I type them up onto one page?

 

You guys are great btw

[paulpb123]

Yes, it needs to inlude the date, the charge, the reason for that charge (i.e late payment charge) and the interest. No need for the date by which you expect to be paid back. That's in the letter.

[noomill060]

Account No: xxxxxxxxxxxxxxx

 

Schedule of charges.

 

 

 

Date Type (over limit, late payment etc)Amount (charge+interest

 

xx/xx/xx XXXX XXXXXXXXXXX £xx

xx/xx/xx XXXX XXXXXXXXXXX £xx

 

 

 

Total £xxx.xx

[aronski]

Great! Thank so much you guys!

[noomill060]

just put it all in easy to read columns

[aronski]

OK I have my maths all done and a clear spreadsheet with all the charges etc, but I am still not sure about this paragraph:

 

I calculate that you have taken £857 plus £464.80 which you have charged me in interest for the sum which you have taken. Total £1321.80

 

When did they charge me interest? I don't know how I can show the amounts I have quoted. I mean I calculated the 14.95% interest rate on the compound interest calculator, with the date of the fine, the amount of the fine and todays date... I still don't understand how they have charged me this interest.

 

I understand that the amount of interested calculated is the interest that Barcalycard has gained from the fines they paid me, but I dont see how they have charged me that amount...

 

I think I need to change the wording of this paragraph... Do I?