The Light Brigade V's Barclaycard "WON"

[thelightbrigade]

Mastercard: N1 done, just waiting for the confirmation etc.

Visa: received a final response letter this morning, (I havent had an initial response) offering the charges £120 as they cant access the account due to it being closed. They managed to access the account for the sar though??

I called them this morning to query what was going on but their systems are down and supposed to get a call back. If they cant access the information then they got the £120 figure from my SOC, so they can also get the interest figure from my SOC. I will call them again to see if the IT guy has been(reboot, unplug, clean the screen)

[slick132]

Hi TLB,

 

With respect, you're wasting your time on the phone to them - they just give you the run around.

 

If they offer what you want in a letter, take it.

 

If not, sue the beggars for it.

 

Slick

[thelightbrigade]

I called them back and spoke to someone dealing with my visa claim, they are offering the charges, no interest either 8% or the 27.9% I had on my SOC, and no default removal. She said they don't pay interest??

Looking for advice please, if I N1 them, how likely are they to pay the interest of £300+ ?? I am not that bothered about the default and forgot about it in my prelim but included it in the LBA.

[thelightbrigade]

Hi Slick, I know I shouldnt ring them, but my patience seems to be running out, I have about 6 claims in progress and it just seems to be dragging on, I wish they had offered to pay the mastercard charges in full, could have paid the bills then!

I think I just need to re focus...................

[slick132]

TLB,

 

I've asked for Site Helper to look in - I'm out of my depth beyond s.69 int't @ 8% !

 

Slick

[sea-sidelady]

She was right on the phone. They dont pay interest. You have to file your N1 to get the interest.

 

But if you have been offered the full charge amount, then basically you have won!

 

You have been awarded the amount you origanaly asked for.

 

If you take it to a judge to claim CI after you have been awarded your requested amount, then im afraid the chances are not vey good.

[slick132]

Sea-sidelady,

 

Would it have been better to ask for CI from the outset, ie Prelim Letter. Or is the problem here that BC are willing to refund all the charges without question.

 

Like to know for my own thread and for future ref.

 

Thanks, Slick

 

PS Hope your puter's better now.

[sea-sidelady]

Hiya Slick.

 

You are supposed to ask for CI at the start of your claim.

 

But yes, it is because they are offering all the charges before court.

 

There are plenty of threads, where people have won their charges, then fought on for the CI and it has been thrown out.

 

But obviously it is a personal choice wether to do it or not.

 

 

 

Puter is over worked me thinks....!!

[thelightbrigade]

Hi SSL, Slick

I requested £120 charges and £357 interest with my prelim and LBA. BC have offered a goodwill gesture of £120 as they cant access the account information anymore. So technically is this a goodwill gesture that coinidently equals the charges or deemed a refund of charges?

[thelightbrigade]

Was still getting calls from Mercers despite explaining without breach of DPA that the missus is not well enough to speak with them so called Littlewoods and after a bit she eventually called Mercers while I was on hold and arranged a 14 day stop on calls, this allows enough time for the CCA to arrive(or not). This is after I had just spoken to Mercers and asked them yet again to stop the calls as I have explained the situation and now deem the calls as harrassment, she just said the calls will continue as they need to speak with the missus, so I explained again that they will not be able to for at least a month, maybe 2...........thick as sh*t springs to mind.

[sea-sidelady]

Did you send the harassment letter?

 

They DONT have to speak to hear. Any thing they need to say has to be written correspondance only.

 

If you have sent the harassment letter in the link Slick gave you, then senf this one.

http://www.consumeractiongroup.co.uk/forum/show-post/post-1038615.html

 

If they phone, hang up, or leave them talking to them selves while you go make a brew!!

[slick132]

TLB,

 

As they've denied their chgs are unlawful isn't it "a refund of the chgs, being made as a gesture of goodwill".

 

Call it what you like, but are you going to take it or hang out for CI.

 

Did you see Noomill's comments on my thread.

 

Slick

[thelightbrigade]

Hi Slick

I am not sure what to do, I have claimed the interest from the start, so I might N1 them and see what happens, I have already sent an N1 for the Mastercard account. All my CC claims have been for interest form prelim letter, so if I use this one as a test to see what happens?? MBNA have also paid the charges element as good will gestures. I think I will see it through...................maybe

[slick132]

Hi TLB,

 

Also may be an idea to see what Noomill advises on my thread.

 

Did you use the advanced CC spreddy on this site and how much do you charge for lessons.

 

Slick

[thelightbrigade]

Ha - it's lessons i need!!!!

[thelightbrigade]

I have seen Noomils posts and thats why I am wavering now. I used so many spreadsheets I cant remember which one I settled on. Thats why I wanted to know what rate Noomill used for the calc example to check my own calcs

[noomill060]

19.9%

 

[noomill060]

The rate you use to work out what they've scammed you out of, is the rate on your statements.

[thelightbrigade]

I have used 27.9% as that is what I have been charged, thats why £120 charges attracts £360+ of interest. I used 19.9% to test my calc and got a few pence less than your posting. I was more concerned that I was over calculating. Have you claimed and won the interest?

[noomill060]

If thats the rate you were charged, then naturally you can claim it back at the same rate.

[thelightbrigade]

12 days have passed, no correspondence from them. maybe something to do with the postal chaos so I will wait a couple of days.

I had sent recorded delivery but not showing on site as signed for yet. RAng royal mail and they said give it 15 days and if it has not arrived I will get a book of stamps!

Assuming they have received the CCA request and are ignoring it, what is my next move? Is the acount now in dispute?

[thelightbrigade]

N1 time for the visa card now, I have not heard anything since their final letter, so they have had the full 14 days anyway. Still not had the court copy for the mastercard either, this blinkin' postal strike!!

So I have 3 N1's to do on monday, with another 3 simmering away.

[shane5408]

Hi,

 

I would re send the CCA request. As you mentioned the postal strikes played havoc recently and ideally you need proof they received it on a given date.

 

Remember to put 'I acknowledge no debt to your company' on the letter and a note saying the £1 is not to be allocated to your account but as a fee for the request.

 

If you haven't already done so, send Mercers a letter simply saying the account is in dispute until such a time as Barclays provide me with a true copy of my agreement. If you haven't already sent the harrassment leter to them (mercers) simply add the dispute comments to it and send ASAP.

 

In my experience Barcays rarely have copies of original agreements and in most cases prescribed terms are missing meaning by virtue of section 127 (3) the alleged debt is unenforcable by law. However, I've only dealt with accounts that were opened before 2000 and it may be they learnt their lessons and started keeping better records, just have to wait and see what they send you.

 

regards,

shane

[thelightbrigade]

Received a letter from the court this morning for the Mastercard. Deemed served on 8/10 and they have until 22/10 to respond. The letter is postmarked 4th Oct 1st class so a bit of a postal delay........

Anyone know of any shortcuts now to prompt quick payout?

[thelightbrigade]

In the post this morning i received a letter from Barclaycard

"In order for us to disclose information and to continue processing your request we will require your signed authorisation"

 

They have returned our letter with a received stamp of 4th Oct.

 

SSL in post #4 advised not to sign the request, should I return the signed letter now?