MH V's Barclaycard

[mhewitson]

I have been thinking about this for a while, but I was finally prompted to look into it seriously by the fact that I need a new car (and want to go back to Australia on holiday...)

So, over the years I have had 2 bank accounts with BofS and 3 different CC ( BofS, Barclaycard and Capital One). To say I was amazed after working out the charges would be an understatement.

Barclaycard:
Charges Interest Total
440.00 173.74 613.74

I was figuring interest at 15%, granted more than the standard 8%, but then they were charging me more than that too...

I was lucky enough to have all my statements for the past 5 years, and so saved myself the time and fee for a S.A.R - (Subject Access Request).

Today I sent the following letter as 'Special Delivery'

Dear Sir or Madam,

Re. Account number: xxxxxxxxxxxxxx

I am writing to request that you repay all the default charges that have been applied to my account. I do not believe these charges reflect the true cost to Barclaycard of Late payments and going over limit.

The charges total £440.00 , plus as I believe I have been unlawfully deprived of the money I have calculated £173.74interest at the statutory rate, the amount the court will award.

I therefore ask that you repay me the full amount of £613.74. I have attached a full schedule of the charges and interest with this document.

If, however, you are willing to settle this in a timely manner I may be willing to consider a settlement that does not include this interest, and therefore will accept a repayment of £440.00



I look forward for a full response to this letter within 14 days.


Yours faithfully,

Fingers now Crossed.....

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

	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.

[e28bigalbexley]

Hi MH
Nice letter but why are you settling for almost £200 less than you could get.
If your quite well off and dont need the money then claim it all and send CAG the rest they would be very happy with that as a donation.
Also figuring interest does not work, in a court you have to issue an aurgement as facts, and im afraid Figuring, weather they have charged more is no good. If you wish to persue an interest rate higher than the Stautory 8% awarded by the court, then you should charge Compounded Contractual Interest at B/C's cash rate.
The templates and steps to help you are put ther for a reason, because they are tried and tested.
I do hope you get your money back but i personally would not fill out a N1 or MCOL using your method.

	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.

[mhewitson]

Thanks for the advice - ill keep it in mind for my next letter

And of course keep you updated on how I get on

[mhewitson]

Well, today I recieved a letter stating that they would, as a goodwill gesture credit my account a total of £176 (this being the difference between the 12 'recommended' by the OFT and what they actually charged me).

Of course I want to pursue for the full ammount, so it will be back to the post office on Monday for me.