Livett V's Barclaycard "WON"

[vllivett]

Hi All,

 

After been a member for so long I have just started my process of re-claiming my bank charges. I know I shouldn't of waited so but I know have six and half months off on maternity leave.

 

I sent by DPA letter to barclaycard on the 23rd of April, and as we all know they are using the microfilm issue as not part of the DPA. So as the 40 days is now over I am sending them a 7 day DPA letter and a complaint to the Information commissioner.

 

Thanks

[vllivett]

Hi

 

I also requested my credit file, due to the fact that I was a student a few years ago I know that my track record is not that great, however I have found out that barclaycard have registered by account as delinquent in Spetember 2006. They have registered that I missed 6 months worth of payments however, my statments show that I only missed 2 maybe 3 in a row, sorry there a little confussing, before a payment arrangement was put in place in June 2006.

 

It looks like barcalycard have informed the credit ref angencies that I missed payments from March 2006 to August 2006 however I started my payment arrangement with them in June 2006, and have not missed a payment in this arrangement since June 2006. The amount they say I am delinquent on is the higher amount in June 2006 and not the amount on my Septemeber bill, which is lower.

 

Also at present with the statements I have got from June 2004, I am waiting for the statments between September 2000 and May 2004. They charged myself in penalites £484, my card limit was only £350.00 and as it was my student credit card I know full well that there are about the same amount of charges on the statments I haven't got yet. As I would have paid off the card if it had not been for the charges is there any way of having this amended or removed from my file as well as claiming the charges.

 

Thanks for your help in advance

[vllivett]

The letter worked. I have judt got the rest of my statments from June 2001 up to date now, will be sending the request for repayment in the next hour.

[moneyhelp]

Good luck!

[vllivett]

Hi All

 

Sent letter requesting payment of 924.00 in charges and 267.57 in interest on 19th June 2007.

 

[vllivett]

Got a letter yesterday dated 22nd June only took 8 days to arrive!!!!! Offering £284.00 is what they are saying is the difference between the charges I incurred and the current £12 fee. I however have checked the calculation and it is £336.00 not £284.00, I would really like to know the qualifcations

[vllivett]

of some of the people that all these companies have working for them as it seems they can not do simple maths. LBA sent 2nd July.

[vllivett]

Hi

 

Am just getting a head of things at the moment as expecting a baby in the next two weeks, so wanted to get my paperwork all typed up and printed off.

 

When I go to the court with the N1 and my schedule of charges, which works out like this £640 in charges, £267.00 in intrests and then £227.76 +£56.76 in 8% intrest. Would I have to pay £80.00 or £120 in court costs, due to the fact that with the 8% interest it goes over £1000 or is it just of the initial charges and interest on those charges therefore it is under £1000 and would be £80.00?

 

Please can someone help as I have to budget of this money although I am going to fill in an form to try and not have to pay it but if I do then I really need to budget for the additional if it is over £80.

 

Thanks for your help in advance.

[Paintball]

Hi there

As no-one else has responded to your question, I thought I would answer. I was wondering about what you are claiming. I personally have included in my schedule of charges each charge plus the interest on that charge (CCI) and this is what will go into my N1 (as I see it getting to this stage), together with my court costs.

 

I will include Statutory interestat 8% in my POC in the alternative to CCI as you cannot claim both interest on charges and stat as well, it's either or and for the judge to decide.

 

HTH

[abrownbank]

The letter worked. I have judt got the rest of my statments from June 2001 up to date now, will be sending the request for repayment in the next hour.

 

hi

i got my statements last week very quickly too. however they said that 'their system did not allow them to show the individual default charges' hence i'm a bit lost. did you get this too or are the default charges shown?

thanks!

[tonycee]

When I go to the court with the N1 and my schedule of charges, which works out like this £640 in charges, £267.00 in intrests and then £227.76 +£56.76 in 8% intrest. Would I have to pay £80.00 or £120 in court costs, due to the fact that with the 8% interest it goes over £1000 or is it just of the initial charges and interest on those charges therefore it is under £1000 and would be £80.00?

 

Please be careful, you can only claim one form of interest or the other, not both.

[tonycee]

hi

i got my statements last week very quickly too. however they said that 'their system did not allow them to show the individual default charges' hence i'm a bit lost. did you get this too or are the default charges shown?

thanks!

 

They are all there in black and white..Have fun

Look under payment column for things like..

Over credit limit £20

Late payment charge £20

Things like that..

Good luck..

[abrownbank]

They are all there in black and white..Have fun

Look under payment column for things like..

Over credit limit £20

Late payment charge £20

Things like that..

Good luck..

 

thanks for your reply tonycee, but unfortunately they're not!

they just give the present balnce, previous balance and payment.

their cover letter said

"If you have asked for a list of the default charges that have been applied to your account, I regret that our systems do not enable us to identify individual charges in this way and so it is not possible to provide such a list to you. However any such charges are included on the statements enclosed"

i.e.the default charges are inclused in the difference between that month and the previous month's balance.

any ideas?????

[tonycee]

Do they give a breakdown of transactions ? I.E £ 9.99 Tescos 01/02/03 etc. etc.

[tonycee]

Before we go any further. Plese start your own thread, as we have hijacked someone elses........ SORRY

[abrownbank]

Do they give a breakdown of transactions ? I.E £ 9.99 Tescos 01/02/03 etc. etc.

 

hello again,

 

no, they don't. that's my point. can't really find it mentioned elsewhere.

[abrownbank]

yikes, just noticed that, excuse my newness and daftness!

[Paintball]

thanks for your reply tonycee, but unfortunately they're not!

they just give the present balnce, previous balance and payment.

their cover letter said

"If you have asked for a list of the default charges that have been applied to your account, I regret that our systems do not enable us to identify individual charges in this way and so it is not possible to provide such a list to you. However any such charges are included on the statements enclosed"

i.e.the default charges are inclused in the difference between that month and the previous month's balance.

any ideas?????

 

I would persevere and insist on statements as these will give you your specific charges. I had to issue an LBA for non-compliance of DPA as they tried the same trick with me as they are doing with you. It took 98 days for me to receive my statements and my prelim has gone off.

 

When I have my claim settled in full, I will certainly be issuing a Wasted Costs Order via the court ...

[vllivett]

Hi

 

I got copies of all my statements bar one which I had a photocopy of something saying the mirco fiche was unviewable due to damage. It was not just a list of balances and payments.

 

Thanks for all your help with the interest issue on the court proceedings, I now understand a lot better.

 

Will issue proceeding early nex week now.

[Paintball]

Thanks for the comment ... if you need any more help, please shout. xxx

[vllivett]

Got a letter this morning, saying that they have increased their offer to the £336, which I said was the difference however they still say that the difference should only be £317. But they credited the balance with £336. I am going to send a refusal letter giving them 10 days to pay the rest which is £588, then I will start preceedings with the courts.

[vllivett]

Hi ALL,

 

Got letter today stating;

 

Dear Miss ...

 

I refer to your letter dated the 9th July 2007.

 

I note taht you are dissatisfied with our offer to refund £336, however our position remains that we believe it is fair when customers' break the terms of their agreement with us, we recover the costs. Therefore, I am not prepared to consider your request for any further refund.

As previously advised, when your Barclaycard account was opened, you signed and agreed to our terms and Conditions and this included details of our charges. The information provided at application stage clearly explains our obligations to our customers, as well as their obligations to us. If we make any changes to the Terms and Conditions we provide details of these to our customers.

I appreciate that this may not ve the outcome you expected, however I trust that the information I have provided has clarified Barclaycard's position.

Should you have any further questions regarding this matter please do not hesitate to contact me. If my reply does not meet with your expectations you may ultimately be eligible to refer to the Finanical Ombudsman Service. Further details of this service ate available on request. If I have not heard from you within 8 weeks from the date of this letter, I will close my complaint file in accordance with our usual practice.

 

Yours Sincerely

 

Andrew Yau

 

So am preparing my court documents for the 19/7/07 but unsure of the address i am meant to use? could someone let me know please, thanks

[moneyhelp]

Hi

 

Have a trawl through this http://www.consumeractiongroup.co.uk/forum/barclaycard/3331-barclaycard-contact-address.html I am going to send EVERYTHING to Northampton unless I am told otherwise.

[vllivett]

Thanks I'll take a look at that now Cheers for the quick reply:)

[vllivett]

Hi Forgot to ask this earlier, how do I make a complaint under the Consumer Credit Act 1974, I've looked on the OFT web page and I am a little lost and confused:confused:

 

Can anyone help? Thanks