Letter from Barclaycard.

[EEK!!!]

Barclaycard is next on my list once I've got the the other two I have on the go over and done with.
I thought before I take my first steps I'd just like to ask if anyone else has recieved a letter from them basically saying that from now on they will only be charging £12.00 for any unauthorised overdraft, late fees etc etc?
My other question is if this is now there policy can I go ahead and claim the full amount that they have taken from me or would I have to deduct £12.00 from each charge?

Any suggestions/thoughts please - thanks.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[Bean]

The OFT said that they would take action against financial organsations charging over £12. They didn't say that charges under £12 were fair, they have simply left it to consumers to decide what is fair so consumers can make their claim on that basis. The OFT said it would be for the courts to decide what is fair and what is unfair.

From all I have read of the posts on this site, and that is a lot, anything from £0.50 to £2.50 per charge is considered fair by the consumers here. However, some members are claiming the whole sum on the basis that the penalties are unlawful. My personal view is that I have agreed to cover the bank's reasonable costs so when calculating my claim I have deducted a sum from each penalty to allow for what I consider are the bank's costs. If the charge is a £20 overlimit charge then I would allow £1 for the bank's costs (I reckon £0.50 actual plus their reasonable margin) leaving £19 to be claimed.

In my opinion, no-one who thinks a fair charge is £1 should be put off their claim by receiving a "we are reducing our charges to £12" leaflet.

[mikek]

I received the same letter by Barclaycard saying that they are reducing the fee to £12.00. But ALSO it said that my interest rate for borrowing increases to something like 25% if I remember well. They are recouping unfair profits in different ways.

£12.00 is still too much for administration charges. At the end of the day, why do they authorise transactions (other than interest) over limit? they have a real-time system that shows the available balance and includes pending transactions. They share a great deal of the responsibility by intentionally allowing overlimit transactions.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[blueskies]

The basis for claims on this site are because they are unlawful terms in a consumer contract. As the contract term is unlawful then ALL money paid under it should be reclaimed. They have missed their opportunity to charge you a reasonable fee for these breaches so you shouldn't deduct a reasonable fee from your claim. Reclaim ALL of the money.

[Bean]

It is a matter of personal choice.

Personally, I agreed to pay the bank their reasonable costs in running my account so for all my claims I will deduct what I consider to be their reasonable costs (i.e. reasonable costs based on numerous discussions on this site, not just my own view). I think it is a matter of principle that the bank is allowed a reasonable sum and the law recognises this.

Ultimately, I am not going to stand infront of a District Judge, or any other, and say in all fairness that the bank should end up with nothing.

Perhaps to be strictly accurate, one would claim all charges and the bank would respond with a counter claim for their reasonable costs. Is that your line of thinking? I just think I am coming to this as an average Joe and part-time genius, but I am not expected to know every nuance of the law, just to do what is reasonable and fair.

Considering just for a minute, a bank account rather than a credit card; if your overdraft facility gets rammed with unlawful bank charges then ALL charges (other than the monthly account fee and charges that would have occurred anyway) after that point should be recovered. I suppose the nearest credit card equivalent would be to claim back ALL charges after an increased credit limit soaked up more penalty charges than the first limit could bear.

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[Bean]

Originally Posted by Bean

...Personally, I agreed to pay the bank their reasonable costs in running my account so for all my claims I will deduct what I consider to be their reasonable costs... I think it is a matter of principle that the bank is allowed a reasonable sum and the law recognises this.

Ultimately, I am not going to stand infront of a District Judge, or any other, and say in all fairness that the bank should end up with nothing.

...Considering just for a minute, a bank account rather than a credit card; if your overdraft facility gets rammed with unlawful bank charges then ALL charges (other than the monthly account fee and charges that would have occurred anyway) after that point should be recovered. I suppose the nearest credit card equivalent would be to claim back ALL charges after an increased credit limit soaked up more penalty charges than the first limit could bear.

I have refined my view on this. I now think that for a credit card, as soon as penalty charges exceed the minimum payment, the credit card issuer is surely responsible for any problem you have with making at least that minimum payment - so deserves to hold on to NOTHING of the resulting overlimit charge or late payment charge. In plain terms, if the first charge(s) had not been levied, then funds would have been available to meet later minimum payment(s).