morgan stanley or barclaycard ***DELIGHTED**

[brindles]

ps I can confirm that goldfish are no longer replying to my letters as the last letter came from barclaycard themselves.

This concurs with your advice, sorry to all that i felt in two minds about this issue.

I now know that all claims against morgan stanley/dean whitter and/or goldfish are to be made against barclaycard at there churchill place address.

I post this reply for anyone in the same situation as me(learning but confused) in the hope it helps.

thanks to you all.

[brindles]

hi all,
I have been waiting for 1 missing statement to arrive and the time limit (40 days) has now passed.

Do i simply go ahead with my claim and not worry about it, or

as they have not fully complied with my request, it is now a different matter, or both?

thanks to all and as soon as i know i can send of my preliminary claim.

thanks.

[slick132]

Hi Brindles,

You can send the non-compliance letter below about the missing data.

They may respond when you write, or you may have to issue separate proceedings for this. Read the 2nd link about that.

Data Protection Act - Non-Compliance - Template Letters

Data Protection Act Non-Compliance - Particulars of claim

[brindles]

hi slick

sent template 2 today and i understand to make a claim for non comlpiance. I am missing one statement.
In the meantime should i after the 7 days also make a claim for the charges in a seperate claim and in this seperate claim, should i claim i am making a seperate claim for a missing statement.
In other words, should i mention in my charges claim there is a statement missing and be able to alter my claim on the day, the judge being in knowledge of the process.

phew almost there.

thank you slick.

[steven4064]

If there is only one missing statement I would just estimate it from the ones either side. I did that with our GE Money claim where there were rather more than one missing statement.

[brindles]

ok thanks

2 claims it is. one for non-compliance and one for charges.

I will get all the details together and let you know.

I am gratefull to every one for the advice and for getting me this far.

thank you all.

[steven4064]

I really wouldn't bother with a claim for the missing statement - just go for the charges with an estimate of the charges that would probably be on the missing statement

[brindles]

hi all.
sorry been away so long I have been ill. not to worry though as i have worked it out and I will send in my preliminary letter in the morning 11/12/2008.

charges=£760.00 interest=£1,609.97 total claim=£2,369.97

I will be sending to the churchill place address.

thanks everyone.

[brindles]

Hi again
In my letter for repayment I have given them 14 days to refund the charges.
I did not state in this letter the words "letter before action". Will I have to wait the 14 days and then send a letter before action or can i skip sending a letter before action as my last letter stated if they do not comply fully with my request within 14 days i will begin a claim for the full amount plus interest.

any advice please, thank you.

[slick132]

The 1st ltr is your Prelim Letter.

After 14 days, you send another ltr which is the LBA and the letter should state this. It should threaten court action but, if it didn't, you shouldn't worry.

After another 14 days, files your chgs claim at court on form N1.

[brindles]

Ok I sent prelim letter on thee 11/12 so letter before action will be due to go out 25/12.
All seems to take a lot of time. Well I wil write letter now as I think something is happening on the 25/12 lol.

I would just like to thank you all and wish you all a merry xmas and a happy new year.

thank you.

[slick132]

And a VM Christmas to you too, Brindles.

[brindles]

hi all
hope you all had a nice christmas and having a happy new year.

I sent my preliminary letter before action and the 14 days was up on the 25/12/08 but on the 23/12 i had a letter from barclaycard saying although they do not agree with my legal ananalys they are going to credit the difference between the £20 charge and the £12 charge to my account plus 8% interest.

I have now received my statement and they have credit £324 to my account.

Could you please advise how this changes things,please.

many thanks.

[stormstorr]

Refuse it - if it is not too late.

If they have already refunded then tell them that you will only accept this payment as part settlement and press on with your action.

This is a common ploy by Banks.

I have had similar and I have still gone on to reclaim the difference (less the refund)

Good Luck!

[slick132]

Hi Brindles.

If the £324 is not a full refund of all your charges, send the appropriate letter from here - http://www.consumeractiongroup.co.uk...ng-offers.html

Also, if I've read it right, you've only sent the Prelim Letter so far, so it is now time to send your LBA. Print out your LBA and send the 2 letters to BC together.

[brindles]

Hi all

Thanks for the template, I eill be using template 4.

Although i wrote to barclaycard, churchill place e14.
The offer they sent has come from northampton.

Should i respond to the address supplied or continue to write to churchill place,ignoring the address supplied.

sorry again and thanks again.

[slick132]

Hi Brindles,

Reply to the Northants address.

The only time it is VITAL to use the London HO addy is when you are filing a court claim against BC, using their proper name which is:-

Barclays Bank PLC trading as Barclaycard

[brindles]

Hi Slick

Thanks again i will post in the morning.

i will be back as soon as i get a reply.

thank you

[brindles]

Hi I have had a reply.

They have creditded my account with a further £505.00 refund of late payment charges at the same time they have reduced my credit limit by £500.00, they have also enclosed my original C.C.A with morgan stanley.

The original C.C.A is worthless to them and indeed is only an application form. No mention of payments,intetrest,and it says,in the box where i signed, "please sign and return in the freepost envelope provided-your application must be received by us before the 1st september 2001.

stapled to the application is another sheet of paper with financial and related conditions(there words).

My questions are
can they just reduce my credit limit,After all it is a refund of MY MONEY therefore I am entitled to spend my money on what i choose,but maybe not

Is time for talking over and should I now apply to court.

Thanks again to you all, almost there lol.

[noomill060]

Yes they can reduce your credit limit.

Does the £505 include contactual interest?

I thought not.

They WILL credit your account with this, just as they did with mine @26.8% compound, but will have issue a small claim, at which point you can also ask the Court for judicial interest - at the same rate as the account - 26.8% compound.

LBA them now. Need help with wording this- just ask.