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Old 14th November 2008, 21:47   #41 (permalink)
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Default Re: morgan stanley or barclaycard

hi noomill,

I sent S.A.R to barclays on the 15/10/08 at there northampton address.

got a reply dated 29/10/08 from goldfish in glasgow. saying they have my S.A.R.

7/11/08 came my statements, from goldfish and again glasgow with 3 statements missing.

i have sent L.B.A to goldfish at glasgow on 14/11/08

hope this clears that up.

I am at the stage of entering my details(except the 3 missing) on to a spread sheet.

This is where i need advice.

i have looked and i have read but the comments made in this post have confused me as to

what spreadsheet?

what interest rate i should enter for a claim to a credit card company for unlawfull charges.

Im not being lazy, as i am confused.

please can someone make this a bit clearer for me.

thank you very much.
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Old 15th November 2008, 20:48   #42 (permalink)
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Default Re: morgan stanley or barclaycard

Hi Brindles,

I left this to others, who are better with this topic than me, to answer but no comments yet. So I'll stick my oar in................

If you use the blueyonder spready form 13 posts back, Steven said it looks OK but you need to understand the arguments relating to restitution.

If you want to claim back the intrest they applied to your a/c, use the Credit Card, Advanced option here - http://www.consumeractiongroup.co.uk...eadsheets.html This takes a/c of the pay'ts which you made to the a/c to reduce the balance each month.

Or you could use Noomill's calc'r to calc'te the int't on each charge. It works on a one-off basis so you'd need to do all the calc'ns and enter them on a schedule to form your SOC.
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Link 2. Get your Credit Agreement - http://www.consumeractiongroup.co.uk...uldnt-use.html
Link 3. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
Link 4. Consumer Health Forums - http://www.consumerhealthforums. com/
Link 5. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
Link 6. Interest Tutorial - http://www.consumerforums.com/resour...erest-tutorial
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Old 15th November 2008, 22:30   #43 (permalink)
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Default Re: morgan stanley or barclaycard

Hi brindles- the interest rate will be on your statements. I'm using 20.9%
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Old 15th November 2008, 22:32   #44 (permalink)
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Default Re: morgan stanley or barclaycard

Make your claim against Barclays Bank PLC.

"Goldfish" is merely a trading name.
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Old 15th November 2008, 23:37   #45 (permalink)
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Default Re: morgan stanley or barclaycard

noomill

I'm not sure you are right - I would name both - "Barclays Banl plc and Goldfish Bank Ltd"

Goldfish is a separate company (Co number 6125763) although owned by Barclays
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Do you want to know if a credit agreement is enforceable? Rather than sending a PM about a particular agreement, see Consumer Credit Agreements

My Claims

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NatWest Claim 1
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NatWest Claim 2 Statements received - on hold
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Next Catalogue - Statements recieved
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Old 16th November 2008, 17:00   #46 (permalink)
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Default Re: morgan stanley or barclaycard

Im just going by the notifications Ive received from Barclays.

My Morgan Stanley credit card is now a Barclaycard Cashback and the statements say Barclaycard. Cant even use the Goldfish online thing.
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Old 16th November 2008, 18:03   #47 (permalink)
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Default Re: morgan stanley or barclaycard

I think this needs to be sorted out as we have seen cases lsot because the claimant wrote the wrong company name on the calim form (eg GE Money instead of GE Mortgages, or something along those lines - can't remeber). THe fact that one company owns another is irrelevant
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Do you want to know if a credit agreement is enforceable? Rather than sending a PM about a particular agreement, see Consumer Credit Agreements

My Claims

GE Money Won unconditionally May 2007
NatWest Claim 1
Won unconditionally August 2007
NatWest Claim 2 Statements received - on hold
NatWest Claim 3
LBA sent - on hold
Brighthouse Won unconditionally August 2007
Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)
Next Catalogue - Statements recieved
Clydesdale Financial Services Won unconditionally February 2008

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

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Old 16th November 2008, 19:36   #48 (permalink)
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Default Re: morgan stanley or barclaycard

hi steve 4064

i now feel how you guys must feel as i now have 3 of you to answer.

first thank you all very much.

for my sake lets just slow this down a second and let me run through the questions you have raised in the order they are going to be a problem to me.

Am i claiming against the right company?

I have made no claim. but i have sent a Subject Access Request to barclays,northampton and the reply came from goldfish,glasgow-6yrs statements, but for 3 missing.

the reply was from steven porter, goldfish, glasgow.

Should i now write to goldfish saying thank you for the information but i sent you no such request and write to barclay card reminding them they have not replied to my s.a.r..

I have never paid a penalty charge barclays. only morgan stanley/goldfish.

hi slick 132,

you have advised in a simular post to claim contractual interest from the outset and provided a link to a spreadsheet.

mackerel vs barclaycard! ***WON***

Why does this thread/advice not apply to me. I have read the tutorial several times now and although not totally clear i am sure i do not wish to claim for restitution and i think i just wish to appy contractual interest wich i think is the one on my statement.
If it is not this interest amount, where do i find contractual interest amount.


Hi noomill060,

I had a morgan stanley card and received morgan stanley statements throughout.

The only thing from goldfish was a letter saying they are now the owners. i have nevewr had a credit card with goldfish logo.

It was only when barclays sent me one of there cards with new account number that i noticed any change.

may i ask,
you say the interesr on your statement is the interest you have entered.
what have you entered it into?

what is the interest called that is on your statement?

I entered my statement interest 23.90% into the simple spreadsheet http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls.

This is when i was told i had better check what im doing and the word restitution started to appear in this post.

you seem to have just done what i am about to start. what am i doing wrong for all this fuss to start.
is it normal to claim interest on the charges applied.

basicly noomill except for witch company i should claim against why can i not just follow your thread and mackrels thread to bring my thread to the same level.
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Old 16th November 2008, 19:39   #49 (permalink)
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Default Re: morgan stanley or barclaycard

I really thank you all for your help.

thank you.
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Old 16th November 2008, 21:58   #50 (permalink)
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Default Re: morgan stanley or barclaycard

1) Morgan Stanley Dean Witter (big American investment bank) started a credit card business in the UK in 1999 in their own name.

2) MSDW sold this credit card business to Goldfish 2007. Goldfish were allowed to keep the MS branding on the cards and statements but MS no longer involved.

3) Goldfish credit card business (inc MS) sold to Barclays in April 2008. Deal finalised 23 September 2008 and all MS cards became non functional after this date. As you know these were replaced by a new priduct invented especially by Barclaycard,

Because MS cards always had a cashback facility ( 1% of your spendings was returned to you) and normal Barclaycards dont, the card that Barclaycard replaced MS cards with, is a "Barclaycard Cashback"

Who do we claim against?


Put it this way- just out of devilment, curiosity and in the spirit of adventure, in September I sent Barclaycard a s.78 CCA request for a copy of the agreement, using my nice shiney new Barclaycard Cashback account number.

This week I recieved a copy of Barclaycard's terms. All I know is that yhey are pre-2001-as they make no mention of overlimit/late penalty charges.

I repeat- I made a statutory request for a true copy of the original executed credit agreement for the Morgan Stanley Dean Witter card that I applied for back in 1999.

In response, I got a copy of BARCLAYCARD'S terms, possibly from 1999, this was sent from Northampton, apparently. (not enforceable as supplying terns in response to a CCA request is a breach of the Act, quite apart from the fact fact that I applied for a MSDW card in 1999, not a Barclaycard!!)

I sent the request to Barclay's Bank PLC, Legal and Compliance department at the posh headquarters in Canary Wharf.

They knew my current credit limit and account balance.

This leads me to believe that if I wish to sue someone over this account, that someone is Barclay's Bank PLC.
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For everything else, theres Barclaycard.

Last edited by noomill060; 16th November 2008 at 22:10.
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Old 16th November 2008, 22:06   #51 (permalink)
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Default Re: morgan stanley or barclaycard

I use this clever little compound interest calculator when making claims-

Compound interest calculator
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Old 16th November 2008, 22:16   #52 (permalink)
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Default Re: morgan stanley or barclaycard

I also think this needs to be sorted.

The first time i was in court, about a year ago, a gut was in claiming back charges on a Monument card. He had claimed against Monument.

The Judge informed him that as far as she was aware, Monument was simply a trading name of Barclays Bank PLC, so she could not give judgement unless he went away and changed the name of the defendant on his claim form.

She adjourned the case to allow him time to do so, though.

I believe "Goldfish" is similarly simply now a trading name of Barclay's, the same as Barclaycard itself.
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Old 16th November 2008, 23:32   #53 (permalink)
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Default Re: morgan stanley or barclaycard

ok i can see a possible mistake i have made.

The in S.A.R i sent to barclays i have quoted my old account number and not the new account number supplied by barclays.

opps!

This then is maybe a claim against goldfish given the account number i quoted.
Or should i just now make a S.A.R barclays quoting my new account number and start again.

ok. the spread sheet. i can enter my details of charges and add the interest quoted by the calculator in your link. (one at a time) wich is compound interest.

If i make a claim against a bank will they recognise compound interest as a normal addition.

Is compound interest the % figure i see on my statement.

Do most people bother to claim interest

should i bother.

Thanks noomill
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Old 17th November 2008, 00:15   #54 (permalink)
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Default Re: morgan stanley or barclaycard

Hi, I dont think the mix up with account numbers will matter. Dont bother SARing them again.

I dont use the spreadsheet, I use Compound interest calculator and work out the interest on each charge individually. It makes you realise exactly how much they have scammed out of you!

The bank charges you compound, so they will of course recognise it and more importantly, so will the court.

When you know the compoind interest for each charge, add all the interest figures up and add them to the total of the charges.

This will be the amount they have scammed out of you and the amount to claim back.

The charges are unlawful, so therefore any interest added to these charges is also unlawful.
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Old 17th November 2008, 21:13   #55 (permalink)
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Default Re: morgan stanley or barclaycard

hi,
ok im sure this is where i was at before i got lost. i understand my charges, i also understand to calculate the interest on each indivdual charge by the days past since the charge was applied.

this interest is called compound interest. ok.

Is compound interest the one quoted on my statement, in my case 23.90%

thanks noomill
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Old 17th November 2008, 21:20   #56 (permalink)
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Default Re: morgan stanley or barclaycard

Simple and compound interest are explained in the interest turorial - see my signature for link. Coimpound interest is more than just a different rate.
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Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

Do you want to know if a credit agreement is enforceable? Rather than sending a PM about a particular agreement, see Consumer Credit Agreements

My Claims

GE Money Won unconditionally May 2007
NatWest Claim 1
Won unconditionally August 2007
NatWest Claim 2 Statements received - on hold
NatWest Claim 3
LBA sent - on hold
Brighthouse Won unconditionally August 2007
Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)
Next Catalogue - Statements recieved
Clydesdale Financial Services Won unconditionally February 2008

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

Please note, I will not give advice by PM. Please
send a link
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Old 17th November 2008, 22:11   #57 (permalink)
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Default Re: morgan stanley or barclaycard

hi,
I have again looked at the interest quide and i can see the sums for compound interest and i understand the calculations using the simple fiqures in the quide.

compound interest is calculated by applying the period rate to the outstanding ballance.

Please forgive me as i do not understand what is meant by period rate.

Is it the 2% you used in the example as this comes to 26.82% and mine is 26.90%

thanks
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Old 17th November 2008, 23:15   #58 (permalink)
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Default Re: morgan stanley or barclaycard

"Is compound interest the one quoted on my statement, in my case 23.90%"

If that is what it says, then yes, that is what they are charging you on your charges and that is what you want back.

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Old 17th November 2008, 23:38   #59 (permalink)
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Default Re: morgan stanley or barclaycard

so if i understand

a 20 late fee in 2002 and a claim date of 2008 with interest @ 26.90% for 6 years = interest of 62.84 = total claim 82.84.

this cant be right. if it is im rich lol.

thanks again noomill
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Old 18th November 2008, 00:04   #60 (permalink)
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Default Re: morgan stanley or barclaycard

I go check, hang on.

eerrrrrrrrrr- what date in 2002?

**has a quick look at Compound interest calculator **

Assuming it was on 17 November 2002, I make it £104.04

Calculated by compounding monthly, with a 360 day year, as per the way banks do it.

Last edited by noomill060; 18th November 2008 at 00:10.
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