lelole vs barclaycard

lelole · 18th May 2006, 13:27

Hi

I sent my first request for repayment to barclaycard on 28th April, and recieved back a letter from them dated 5th May:

[Thank you for contacting barclaycard.

I am sorry to learn that you are unhappy with the service that you have recieved from barclaycard. Our aim is to provide a first class service for our customers and regret that you had cause to complain.

The Barclaycard Terms and Conditions currently confirm that fees will be charged for late payment and/or exceeding the credit limit. Following the recent announcement by the OFT, Barclaycard, inconjunction with Barclays Bank PLC and other banks and credit card companies, are currently reviewing this announcement and customers will be nodtified of any changes as soon as possible.

Customer Satisfaction is of the utmost importance to Barclaycard. For your information I have enclosed a leaflet detasilin how we manage complaints. Should you have any immediate concerns or queries, please do not hesitate to conatct etc etc..

Susan Gibson

Customer Services]

Will send the next letter in the chain today - think that this needs to be the letter before action?

Was a bit concerned as most people have seemed to get an offer of half initially, am hoping they haven't found a way around it!

Fingers (and toes crossed!)

lelole

19th May 2006, 12:33

Yes the LBA it is, dont owrry Barclay card are doing this now..

Lou x

lelole · 25th May 2006, 10:09

Have had a reply from Barclaycard after my LBA.

Unfortunately it's just a standard letter again!
"I am sorry you have had to contact us regarding the charges applied to your Barclaycard VISA account.

I am looking into your concerns and will let you have a response or update as quickly as I can but no later than 21 June 2006. In the meantime if you need to speak to me please call on the above number. I have enclosed a leaflet explaining how Barclaycard works to resolve complaints. I hope you find this helpful.

Thank you for bringing this to my attention."

I am assuming this is just another delaying tactic, and that I shouldstick to my deadline for serving them a summons. Would it be sensible to write another letter, stating that my deadline has not changed? Just so the court sees I'm being fair?

Thanks

lelole

lelole · 1st June 2006, 10:02

Hi

I received another letter form BCard this morning (so soon!), strangely at the same time as an almost identical one from halifax, offering me half the amount as a full and final settlement - but none of the interest.

I will take this as an admission of liability and off I go to the Moneyclaim website as I planned! Incidentally, they both have timed this perfectly to coincide with the 14 day deadline I gave them...

It really is a game isn't it?!

Lelole

lelole · 13th June 2006, 11:37

I actually decided to send them a letter accepting this amount as partial payment and giving them another 7 days before court action to send the rest. They have written back stating that they will not be paying the full amount, but they have sent me the cheque which I have now recieved. I am assuming because I have sent them a letter saying that I have accepted this money only as part payment, but not a full and final settlement, that I should be ok to bank it?

Thanks

lelole

lelole · 13th June 2006, 13:48

Also when filling in moneyclaim, you have to put a date from which 8% interest starts, the charges happened at various times, do I put the date of the final charge as the start date for this? Also as they have repaid half of the money, but none of the interest they charged (not talking about 8%), what do I charge interest on, ie what is a fair way of breaking this down?

Hoping to get this done today, so any answers much appreciated!

lelole

BlueRuby · 13th June 2006, 18:57

The 8% starts from the date the charge was incurred. Have you done the spreadsheet? It will do the calculations for you!

lelole · 13th June 2006, 19:12

Hi

I have put the spreadsheet together, and got a total. But...

The things that are confusing me are:

1. The website states that I have to include the following in my statement of particulars if I want to claim my 8% :

"The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}. "

and therefore I am not sure which date to choose as they were all incurred on different dates, IYKWIM. Also I am not sure what the last bit about the daily rate of interest means.

2. As I have received and accepted a partial payment of half the charges, how do I reflect that in the calculation of the 8% as I cannot charge 8% on this part I assume. Do I just half all of the charges on the spreadsheet and calculate it as if the charges were only half in the first place?

This is a lot more complex than I thought!

Appreciate the help

lelole

BlueRuby · 13th June 2006, 20:03

To answer your 2nd point first, what I would do is 'assume' that they had repaid the most recent charges! So remove charges until you have accounted for the amount they have refunded you already.

Now for the 1st point: enter the date the first of the remaining charges was taken from your account (ie if that was 2nd Feb 2002 that's the date you put in) to the date you are filing the claim. To work out the daily rate of interest, the easiest way is to make a note of the amount of interest you are owed today then reset your computer clock to tomorrow's date! Make a note of the new interest amount - the difference is the daily rate. Don't forget to reset your computer again! An example: if today's interest is £118.37 and tomorrow's is £119.05 the daily rate would be the difference between those 2 amounts ie 68p. If you don't want to fiddle about like that, make a note of today's interest then check again tomorrow and do the maths!

I do hope that helps. It's a lot more complicated to explain than to do, trust me

lelole · 13th June 2006, 20:43

Thanks BlueRuby, hopefully I'll be able to get this done tonight!

lelole

lelole · 13th June 2006, 22:29

litigation started! I'll update if and when I hear anything!

lelole

lelole · 15th June 2006, 12:41

Ooooh I've just realised something, when I filled out the particulars of the claim on the form, I forgot to put my account number in - mainly because I really struggled to put in all the info in the limited space.

My name and address is on the summons thing - will this be enough or have I put the scuppers on my claim?

Thanks

Lelole:o

BlueRuby · 15th June 2006, 13:25

I think you're OK. I didn't put my account no. on either of the claims I've done so far. By the time it gets to this stage they know exactly who you are!

lelole · 16th July 2006, 11:15

Hi all

Just a bit of progress to report - have filed claim, and now Barclaycard have entered a defense, so about to fill in the allocation questionnaire.

Wish me luck...

Lelole

BlueRuby · 16th July 2006, 19:34

I'm sure we all do, not that you'll need it

lelole · 1st September 2006, 12:49

Hi

I have recieved a rather mysterious letter from the courts today saying -

"your file has been referred to District Judge xxxxxx who has asked you to provide the court with a time estimate so that this matter can be listed"

I phoned and clarified, and the judge would like me to tell him how long I need for the case hearing, so that he can allocate a date where there is enough time for it to be heard...

HOW ON EARTH DO I KNOW! This whole court thing is a complete mystery to me, have never been inside one much less been part of a hearing...

Any help much appreciated!

lelole...

Mrgreengenes · 1st September 2006, 13:14

When I filled in my AQ I followed the advice given on this site in the Templates section. This advised one hour for the court hearing.

Hope this helps.

Don't let the fatherless chillen get ya!

lelole · 1st September 2006, 16:39

ooops I don't think I saw that when I filled in the form - hence why they sent a request for the info then!

I have sent a letter to them saying as much....

Thanks for the pointer!
Lelole

lelole · 12th September 2006, 15:58

Hi

I have had a letter form the court today saying that the judge has ordered a stay for settlement.

It basically says that we have to attempt to reach a settlement or re file an allocation questionnaire, and we have until Oct 6th to do so.

Would it be best to wait for Barclaycard to contact me - or should I take the bull by the horns and call them?

Not sure what is best, feel a little reluctant to call them, as I do not want it to seem like I am willing to accept less than I have claimed for...

Lelole

yeslek · 16th September 2006, 13:10

Quote:

Originally Posted by lelole

I actually decided to send them a letter accepting this amount as partial payment and giving them another 7 days before court action to send the rest. They have written back stating that they will not be paying the full amount, but they have sent me the cheque which I have now recieved. I am assuming because I have sent them a letter saying that I have accepted this money only as part payment, but not a full and final settlement, that I should be ok to bank it?

Thanks

lelole

hi, what template did you send to say you would accept the partial payment?
i can only find the standard template and need to send one saying i accept their offer as a partial payment only.

thanks

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