Barclaycard and Monument v Mel - Early Stages

[msrobinson]

Hi

I haven't initially thought about claiming back the cc charges as it was the bank charges that had mounted up but Barclaycard must have charged me at least 5 times so have just filled in the Data Protection Act letter and it is ready to be posted in the morning.

I have only had one charge of £38 from Monument, that was their fault but we were in the middle of a house move with no BT line and bad mobile signals so hadn't rung them up about it. Have filled in the PA letter and will send tomorrow.

Mel

	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.

[MARTIN3030]

Well done dont forget to keep the progress posted.

[msrobinson]

Have recieved my Barclaycard statements from May 2004 like everyone else and have just filled in a non-compliance letter which I will post in the morning.

I was just claiming two charges from Monument which I recieved recently and I have received a letter saying that they will reply to me by the 10th August which is over the 14 days so I don't know whether to wait unitl next week or to send off the LBA letter now.

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[MARTIN3030]

If you already have all you need then proceed
ao the 2 charges are inconclusive in that you know what and when they were applied?

[MARTIN3030]

of course you cpold add in your lba that you will be claiming anything tht comes to light later.

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[msrobinson]

I'm sure that there are not any more charges as I had set up that the min payment was taken out of my bank account by dd and whenever I approached my limit they raised it for me so I haven't asked for my statements.

Not sure of the exact dates of my charges so will find my statements tomorrow and proceed with the LBA stage.

Thanks

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[MARTIN3030]

will watch with interest (no pun intended)

	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.

[msrobinson]

Found my Monument statements and there was only 1 charge of £24 so sent off the LBA and I received a phone call today saying that the charge was being refunded to my account and I will receive a letter to confirm this, so 1 down 3 to go.

I have come to the usual halt with barclaycard and not received my early statements and their 40 days of the data request is up on Monday. But after reading one of the other posts about how someone else is estimating the charges I have been back through my bank statements which unsurprisingly I have 6 years worth sat right next to me and as I paid my Barclaycard by bank transfer I have noted down if the payment is on or after my usual payment due date. I don't think that there were many times that I exceeded my limit so I am going to put in 2 of these charges as well as an estimate.

It would be good to see how other people are doing with their estimated claims but I can't find any cases that have been won with estimated claims. I would feel happy explaining to a judge about how I have estimated my charges from my bank statements.

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[msrobinson]

Sent the prelimary letter off to Barclaycard this morning, I'm hoping that they reply with the standard letter that says that £12 is "fair" and that they are going to refund £8 as good will per charge, as I will be able to work out how many charges I have picked up.

[MARTIN3030]

Could be lucky !!