bobsp v Barclaycard

bobsp · 7th February 2007, 03:00

Hi all,

S.A.R - (Subject Access Request) sent 14/12/06
They called the Mrs (this is Mrs bobsp v Barclaycard) saying they will send something out by 01/02/07
Nothing recieved so sent LBA 05/02/07.

As we have no idea what the charges for Barclaycard are what do I do after LBA expires. MCOL for what though?

I apologise if this is on the forum, i have been reading sooo much over the last few weeks my little brain if frying, I am watching around 10 other cases and trying to keep up.

Thanks in advance

chorlton1 · 7th February 2007, 08:26

how can you have sent an LBA if you dont know the charges?

Did you estimate them from some statements you had?

bobsp · 7th February 2007, 12:56

The LBA is to force them to comply with the S.A.R - (Subject Access Request) as they have not sent anything out. Should I have gone another route? How cab I get them to send the statements out?

chorlton1 · 7th February 2007, 13:20

possibly my misinterpretation - did you send a "claim" LBA out or an "Subject Access Request non-compliance" LBA out?

bobsp · 7th February 2007, 15:37

S.A.R - (Subject Access Request) non-compliance

The_Badger · 9th February 2007, 09:02

Have a look at the library of documents on the general bank charges forum. There is a template for the non-compliance court claim.

The Badger

bobsp · 4th March 2007, 14:33

OK, letter sent asking for £431 on 26/02/07, on 01/03/07 they just credited £143. I called B/Card to see what the CR was for, and I was told that it was the difference between what I was charged and the £12, that they should have charged, there will be no further credits.

I am sending a letter declining the CR, or that I will take as part payment, but if they dont pay the full amount, and I file MCOL, how much do I claim, and how does the interest side work?

Thanks

Bob

sallysas · 4th March 2007, 14:46

They had 14 days to comply with the non disclosure LBA so if it were me I would

1. Send letter as you state above accepting as part payment only.
2. Proceed to court forcing them to provide data/statements.

Sorry you didn't say if the £400 odd you are claiming was because they sent you the info. If so I suggest you follow step 1 only.

bobsp · 4th March 2007, 15:19

Hi,

We eventually got the statements after hounding Adrian Whalley.

I will write stating the above (no1) and remind them they have xx days left to pay the full amount, after that time an LBA, then MCOL.

Thanks

sallysas · 4th March 2007, 15:40

What interest did you state on your prelim? You have to state contractual from the first, if you are happy to go down that way. If like me, you want to ease yourself in gently, claim 8% when you get to court stage. Vamp's spreadsheets do this for you if that is what you are using.

Do lots of reading while you are waiting. We were all new once and there is plently of help out there but you will feel more confident if you have a feel for the next stages in advance. Good luck

bobsp · 4th March 2007, 15:50

Quote:

Originally Posted by sallysas

What interest did you state on your prelim?

I stated 8% on my own spreadsheet which I formatted.

Thanks

bobsp · 5th March 2007, 22:41

I have heard more and more banks are trying to refund the difference of what people have been charged and this £12 "As recommended by the OFT". I cant find anywhere that says the OFT recommend £12. Is there any kind of template or referral that can be sent back with the, partial payment/refusal letter that quashes these banks claims.

Thanks

Michael Browne · 5th March 2007, 22:48

Office of Fair Trading - Credit Card Report Summary
http://www.oft.gov.uk/shared_oft/rep...ts/oft842a.pdf

bobsp · 5th March 2007, 23:00

Bad link, thanks anyway

Michael Browne · 5th March 2007, 23:05

Try this:
http://www.oft.gov.uk/shared_oft/rep...ts/oft842a.pdf

kippy2 · 5th March 2007, 23:05

Quote:

Originally Posted by bobsp

I stated 8% on my own spreadsheet which I formatted.

Thanks

you dont include the 8% until you raise a court claim.

bobsp · 5th March 2007, 23:06

Thanks, just what I was looking for.

kippy2 · 5th March 2007, 23:09

Quote:

Originally Posted by sallysas

What interest did you state on your prelim? You have to state contractual from the first, if you are happy to go down that way. If like me, you want to ease yourself in gently, claim 8% when you get to court stage. Vamp's spreadsheets do this for you if that is what you are using.

Do lots of reading while you are waiting. We were all new once and there is plently of help out there but you will feel more confident if you have a feel for the next stages in advance. Good luck

i agree with sallysas.

just follow the tried and trusted method. after all cag wouldnt be here a year later otherwise. dont try and fix what aint broken

bobsp · 5th March 2007, 23:10

Is it worth supplying them with a copy of this, which I am sure they are aware of, well is there any harm in supplying a copy?

kippy2 · 5th March 2007, 23:12

Quote:

Originally Posted by bobsp

I stated 8% on my own spreadsheet which I formatted.

Thanks

you do not add 8% until COURT CLAIM!

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