Barclay Card Have credited my Closesd account. When I don't want partial offer?

[smbu99]

Hi Guys,

I don't owe barclaycard any money any more. I thought my account was closed? I do not receive any statements from them and when I rang up once in moment of weakness to try and get a new card Bcard told me I couldn't because account is closed.

I have been trying to claim my money back from and they offered me £160 instead of the full £420.
I want the full amount not a partial offer.

I wrote them another letter saying this was not satisfactory etc but they have not acknowledeged this letter and have credited my 'closed account' with £160.

Can I still take them to court and get the full amount back?

[Advoc8]

Is your barclaycard account now £160 in credit? If so call them and ask for a cheque to be posted for you. Alternatively a cheque may make its way to you automatically (that happened to me with a closed account).

If the £160 has been paid you can take them to court for the balance of the claim. I take it you've got a copy of the letter you sent about the part-payment not being acceptable?

[smbu99]

Yes I still have a copy of the letter it was just the standard one from the MSE website, i wish I had found this site whilst MSE is easier to navigate this one seems more knowledgable.

So i will ask for a cheque then claim the balance? Is that ok, by cashing the cheque I wont be accepting their claim that charges are lawful?

[Advoc8]

When was the repayment made and when did you write to them saying the offer was unsatisfactory?

In the letter you wrote did you say something to the effect that any payments they made would be treated by you as part-payment only and you'd still seek the full amount?

How did you find out that they'd made a payment to your account?

Basically the way the law works is if they make you a smaller offer as a 'full and final' settlement you're entitled to keep it and chase the rest as long as you let them know asap that you're not accepting it as a full payment. The reasons for my questions are to make sure that if it ever got to court (which is extremely unlikely) you could say you'd acted properly.

If you've got clear evidence that you said any payment would be accepted as part-payment only I'd press on with the rest of your claim and try and extract a cheque from Barclaycard for that partial payment.

[smbu99]

I only found out they had credited my account when i opened a statement from them yesterday, i have now realised they credited my account b4 I threatended court.

In a letter from bcard they wrote i am prepared to credit your account with the difference between the charges you incured and the 12 pound fee recommended by the oft. This would amount to 160 pounds.

Nowhere did it say they were going to or asked me if i thought it was acceptable.

This is the letter i sent to them after i received the letter offering 160 quid, note before i realised they had credited my account.


I refer to default charges applied to my account amounting to £xxxwhich I have requested you pay back.
I wrote to you on 19th February, making the original request for a payment in settlement of my claim. As I have not received a satisfactory response, I am writing to inform you I intend to claim the full amount claimed together with interest up to the date of judgment and court fees in the proceedings through the county court.
This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the Manchester County Court (Crown Square) court will rule in my favour.
I have attached a full schedule of the charges and interest with this document.
I look forward for a full response to this letter within 7 days, otherwise I will commence court proceedings to reclaim my money.


thank you for your khelp

[Advoc8]

Does the letter offering you £160 state that the payment is in full and final settlement of your claim?

[smbu99]

no it says it is a goodwill gesture. nowhere does it say final settlement

[Advoc8]

Just to cover your back I would write back thanking them for their gesture, saying that you'll treat it as part-payment only and saying that you'll be proceeding to issue court proceedings for the balance. Post that off then when the period you've given them in your LBA has expired begin your claim for the amount less the refund you've received.

You can also get in touch and request that the money credited to your closed account (assuming it had a zero balance beforehand) is sent to you by cheque.

[smbu99]

right will do,

thanks very much.