The Bloodster vs Barclaycard

[thebloodster]

I sent the letter before action dated 13th April to Barclaycard reclaiming my charges totalling £277. I have received this response dated the 20th April:

Thank you for your recent letter, your details have been passed to me in order that I may respond in my capacity as Customer Relationship Manager.
I am sorry you feel the charges you have incurred are unfair. We believe that our charges are both fair and transparent, and we make them clear in our Terms and Conditions, and on the reverse of every monthly statement.
In your correspondence you have outlined a legal argument which you say supports your view. As I am sure you will appreciate Barclaycard is aware of all the information you have drawn to our attention. I must inform you however, that we disagree with your legal analysis.
Putting the above to one side, as a goodwill and without any admission of liability, I am prepared to credit your account with the difference between the charges that you have incurred and the £12 fee. Please be advised that from 1st August 2006, Barclaycard reduced its fee to £12 following the publication of the statement by the OFT. This would amount to £145.00. The credit will be reflected on your next statement. However, if your account is already closed, it will be necessary for you to contact us to confirm your bank sort code and account number, this will enable us to process a refund to you.
May I take this opportunity to remind you that the best way to avoid similar charges in the future is to remain within your credit limit and ensure that your monthly payment reaches us with the required timeframe.

Should you have any further questions regarding this matter please do not hesitate to contact me. If my reply does not meet with your expectations you may ultimately be eligible to refer to the Financial ombudsman Service. Further details of this service are available on request. If I have not heard from you within 8 weeks from the date of this letter, I will close my complaint file in accordance with our usual pratice.

What should I do next?

[standingupformyself]

Go to the letter templates, and send a rejection letter. It states that you will accept the above amount as a part payment, not a full and final settlement, it also gives them permission to withdraw the amount back out of the account.
This is a standard letter and they seem to give out a percentage of your claim quite easily..... I suppose that people that are not au-fait with this site would possibly think they had a result and give up there and then.....

Keep going

[thebloodster]

Sent the template letter stating I will accept this as a part payment. I have heard nothing since do I go for MCOL now and how to I fill out the POC regarding the a payment already received as in the letter it gives them permission to take it back!!

[miss muppet]

Yes, fill out the MCOL, we had exactly the same with Barclaycard, we stated on the POC "Despite a request to refund these overlimit and late payment charges which amounted to xxx only xxx has been credited to my account and a further request to refund the balance of xxx has been ignored.I believe these charges appear to represent an unfair term of contract etc etc. Some people are doing the NI Forms as apparently it goes straight to their local court but I haven't done this yet so can't assist. The information re the unfair terms I'm pretty sure you'll find in the Library. My OH is in court for a preliminary hearing with Barclaycard on 22nd June.