Natsmanc v Barclaycard

[natsmanc]

Hello all

I am claiming 274.00 of charges back from Barclaycard. I sent my LBA on Monday of this week, this morning I recieved a reply to my letter offering me a refund of 104.00
They said that they have reduced their late charges to 12.00 and what they are offering me is the difference!
As you can imagine I am not happy with this and I am not going to accept their offer.
anyone else experienced this?

[AndyE]

Yes, if they send you money write back saying it's accepted as a partial settlement only and that you'll be continuing with your claim according to your timetable. The thing to remember is to be unemotional with this and just to play the game. You're dealing with people who don't know you, don't care about you and are just following instructions. Act the same way and it is easier to cope with.

[natsmanc]

Thanks for your advice Andy, I might accept it as a part payment but I definately want the whole 274.00 back

[natsmanc]

I've sent my letter accepting a "partial refund" today by recorded mail, my letter also states that if they do not send me a full refund within the next 14 days I will be proceeding with court action

[natsmanc]

Recieved a "fob-off" letter today. I'm sending my LBA complete with a Consumer Action Group sticker on the envelope.

[natsmanc]

I've just spoken to Barclaycard customer relations, they,ve credited my acoount with 104.00. Is it up to them or me where my refund goes? I would have preferred a cheque!!! I am not happy about this. Can any body advise please?

Thanks in advance xx

[kendraflo]

Hi Natsmanc

Are in the same position as you - my husband was offered half of what we are claiming back - they credited his barclaycard account - he hasn't used this for ages - we rang them and they transferred the money to our bank account - it took a couple of days to go through but once it was in our account we sent the letter accepting the money as part payment - received the standard reply that they weren't going to refund the full amount - LBA gone off today by registered post. We want the full amount back and are willing to take them to Court for it.

[natsmanc]

Go for it Kendraflo,
I too am willing to go to court. I think that they are under the impression that people like us will give up if we are offered a small refund, think they need to realise that we are taking this seriously and we WILL take them to court!
I'm well and truly on the warpath as I'm sick of these people controlling MY money!
(I'm usually such a nice quiet person honest )

[kendraflo]

Hi Natsmanc - received letter this morning basically saying they are not going to totally refund the charges and to "bog off". Am now going to have to issue moneyclaim - wondered if you had had a resonse yet?

Kendraflo

[natsmanc]

Hi Kendraflo
I sent the LBA so I reckon i will recieve a bog off letter within the next few days, then I'm heading straight for MCOL

[natsmanc]

Was wondering if anybody could help me with a different query on Barclaycard. I set up a payment plan with them earlier in the year because I was made redundant and couldnt afford the bills. The minimum they would accept was 30.00, they said they would not charge me any interest on the account for 6 months, and then they would review it again. However, because several of my payments have been a few days late, they have continued to charge me interest and said that there is nothing they can do about it.
I rang up and spoke to the manager today and told her there was no point in me paying 30.00 if they were going to charge me 25.00 in interest each month... she said its tough luck in so many words!
Theyve now offered to restart the plan interest free again, but is there anyway I could reclaim the last 6 months of interest? In my eyes its just as bad as charging 20.00 late fees, if not worse because they know what I financial dilemma I,m in.
They make me sick

[natsmanc]

I am about to start my MCOL for the remaining balance of charges - 168.00 + interest + court fees.
Does anyone know how to word the POC if you have recieved a partial refund (difference between the OFT 12.00 and 20.00 charge?)

Thanks in advance

Nat

[skbuncks]

Something along the lines of:

1. The Claimant has an account (Account Number xxxxxxxxx) with the Defendant which was opened on or around xx/xx/xx
2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.
3. A list of the charges applied is attached to these particulars of claim.
4. The Claimant contends that:
a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.
b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations 1999 Para.8 and sch.2(1)(e), the Unfair Contract Terms Act 1977

5. Accordingly the Claimant claims
a) the return of the amounts debited in respect of charges on the account outlined in 1) above. A partial refund of £www by the defendant has been accepted by the claimant on the clear understanding that the claimant will pursue payment of the outstanding balance. The claimant therefore claims a total of £xxx which is the difference between the total charges for the period xx/xx/xx to xx/xx/xx of £xxx and the amount refunded to date of £xxx.
b) Court Costs
c) Interest pursuant to section 69 of the County Courts Act as set out on the attached list of charges or at such a rate and for such periods as the court deems just.
d) The total claimed is therefore £xxx

I believe that the contents of these particulars of claim are true

skb

[natsmanc]

Hi skbuncks

Thanks a lot for that!
Am I right in saying that I should be working out 12.00 + 8% apr interest? Or, should I be working out 20.00 + 8% apr - 8.00?

I am confused

[skbuncks]

Hi Nat

You can claim interest on the full charge upto the date of the refund.
So on your spreadsheet keep everything the same with the following variation (for this i'll assume your using the simple version of vamps s/s)
On the bottom line type

Column B - Partial Refund
Column C - Amount of refund with a minus sign in front (i.e -104)
Column D - Date of refund
Column E - Type nothing
Column F - Delete the contents of this cell

This will give you the outstanding amount and the amount of interest and the total owed. To calculate the daily rate of interest multiply the outstanding amount (not including interest) by 0.02 to give the daily rate in pence.

skb

[natsmanc]

Thanks for that skb,

I have filed my claim today with the local court
I was told by the lady there that people are now waiting till April for a court date (if it gets that far!)

Thanks for advice

[natsmanc]

I have recieved recieved a copy of their defence today along with an AQ which I am going to hand in at the court this afternoon.