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Are people that are estimating there charges (as no statements prior to May 2004) when sending there preliminary request for payment attaching a schedule of charges with there letter ??? or just putting a total in the letter and explaining how they got to this figure ???
Hope this makes sense:o , cos im struggling at this time of day
Hi I included the actual schedule of charges for the period May 2004 to date, including interest.
Then in the letter I outlined my estimate for the period they won't give me statements for, based on the actual charges known.
Then included a 'total claimed' in the letter also.
Hope this helps.
Morris v Halifax
Data Protection Act letter sent 20/6
Charge deducted from account 27/6
6 yrs statements received 25/8
Prelim sent 30/8 (£1014 charges + £156.11 interest).
Std reply & complaints leaflet received 5/9
Offer received £70 9/9
LBA sent 12/9
No reply to LBA - MCOL requested 26/9
Offer received 26/9 - £218.
MCOL issued 26/9, acknowledged 29/9
Offer 29/9 - full amount ex. o/draft interest
Accepted as partial
Credited to account 12/10
AQ sent for rest Morris1 v Barclaycard
Prelim letter sent 31/8 (£60 charges + interest).
Standard reply 9/9
Offer 12/9 - full amount!! Morris 2 v Barclaycard (Mrsbass!):
Data Protection Act letter sent 7/9
Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.
Prelim 20/9 £100+interest actual, +same estimated.
LBA 3/10
Partial offer £48 6/10
When i have estimated, i have actually listed all the months i have estimated there to be a charge, & explained why i have had to estimate them! Hopefully if gets as far as a judge, then they will see what i an up against !
I seem to be at exactly the same stage as you, and have the same problem.
I've calculated charges for the statements they have sent, but am uncertain as to whether I should just add a lump sum, (known charges x 6), with just a note saying it's estimated, or if the correct method is to guess at dates and add the same amount but provide guessed dates.
Neilbass did you just provide an estimated lump amount, without providing dates? and has your claim been successful, or are you still playing the waiting game?
Mr Chips how about you, would the fact that you've guessed figures and dates go against you in court if it got that far, or is it better to do it your way rather than Neilbass's way?
actually estimating the charges is pretty straightforward......its calculating interest where it gets a bit complicated. If you can work out the average charges per month using the info post 04 info they sent, you can multiply that figure by 36 (amount of months between Jun 01 and June 04) thats providing you have been with them for that long, to work out the remainder. As for the interest i used an imaginary date in Dec 02 (middle of the period June 01 - June 04) and worked out interest on a standard charge for that particular day. Then multiply that figure by number of charges for that period, ie total amount of estimated charges for that period divided by 20. All gets a bit confusing but can PM my workings if your interested for help.
Groundzero - I was successful with my first claim which was purely actual charges made (I kept the statements).
Now on my second claim (for my wife) I've just included an estimated amount for the period they won't give me statements for. Advice I've read on other threads was as long as there is logic to your estimate, it should be ok.
My logic was that she'd had the card for the same period before May 2004, as since. Therefore I calculated actual charges since May 2004 and then doubled it for the total claim.
To me the purpose of the estimate is not to say 'this is what you owe me', rather its to say 'prove me wrong and give me the actual figures you swines'.
I know they won't give me more than I'm due so hopefully it will make them reveal the actual charges.
I clearly stated on the letter the figure for 'actual' and the figure for 'estimated' - so we'll wait and see what response it gets
Morris v Halifax
Data Protection Act letter sent 20/6
Charge deducted from account 27/6
6 yrs statements received 25/8
Prelim sent 30/8 (£1014 charges + £156.11 interest).
Std reply & complaints leaflet received 5/9
Offer received £70 9/9
LBA sent 12/9
No reply to LBA - MCOL requested 26/9
Offer received 26/9 - £218.
MCOL issued 26/9, acknowledged 29/9
Offer 29/9 - full amount ex. o/draft interest
Accepted as partial
Credited to account 12/10
AQ sent for rest Morris1 v Barclaycard
Prelim letter sent 31/8 (£60 charges + interest).
Standard reply 9/9
Offer 12/9 - full amount!! Morris 2 v Barclaycard (Mrsbass!):
Data Protection Act letter sent 7/9
Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.
Prelim 20/9 £100+interest actual, +same estimated.
LBA 3/10
Partial offer £48 6/10
Hi Groundzero, i will be very daring an estimate all months where i have been refused any data as having incurred a charge! Not really based on the info i do posses, but if they would like to play fair i'm willing. I'll let you know what happens, but it will be a while, as i will be sending my prliminary letter very soon.
Hi Groundzero, i will be very daring an estimate all months where i have been refused any data as having incurred a charge! Not really based on the info i do posses, but if they would like to play fair i'm willing. I'll let you know what happens, but it will be a while, as i will be sending my prliminary letter very soon.
lol, thats actually a good idea, wish i'd thought of doing that before sending my request for payment in
could claim that they believed they weren't supplying the statements because they were hiding the charges.
If you'd had a bad year though, you may be lowering your own estimate as 1 fine a month x 12 =360.00 avg , but if the last year which you do have statements for is more than this amount you'd be better off multiplying by 6 surely?
I worked out my average monthly charge from the statements I received and then multiplied it by the amount of months missing statements. I entered the average charge on the spreadsheet for the 28th of each month that was missing so I could apply interest. Just waiting for them to acknowledge my mcol now.
Lisa x
NatWest: MCOL 16/08/2006 AQ's - copy received from Cobbets 07/10/06 offer received: 14/10/06 FULL AMOUNT RECEIVED TODAY (1st Nov)
Citicards: LBA sent 05/10/06
Baclaycard: MCOL 07/09/06 Defence filed on deadline
Claims settled in full are:
Sainsburys Bank
Mint (RBOS)
Style store card (RBOS)
Natwest Mastercard
Marbles (HFC)
HSBC
MBNA
Yes, what you say about missing out could be true, as you could incurr multiple or higher charges in the months not known. I'm hoping if it gets to judge stage the judge will understand why i have made the maximum estimation for my particular case !!
I too am forced to estimate the charges on barclaycard and will be seeking the unlimited range of charges on the account as I feel they have voided the 6 year protection on grounds of concealment.
I have a line in my letter from Barclaycard saying that they only began to make charges in "mid 2001". Is this true??? I would like to estimate back to the mid 90's.
Hi, about the charges only from mid 2001 - i'm sure i have read other posts on this site where this has been disproved, because someone has written proof that they incurred a charge before hand. Maybe they don't mean what you think they mean - maybe they are talking about a specific charge not being levied before mid 2001 ???
I think they mean something very close to what I think they mean, which is exactly the same as you have said. I would be interested to how close to ***** (self Censored) they actually are, I'm guessing that the line is stretched to the limit but not crossed.
What do you reckon a word changed or a whole paragraph.
After receiving my statements with the microfiche bull i sent a estimated request for repayment of charges along with a schedule of charges on 21/09/06 , just received today the usual 'im very sorry to learn of yous dissatisfaction letter' so will wait till the 14 day deadline this friday and will send lba with schedule of charges.:grin:
Iv'e had a number of calls the last couple of weeks from a 0800 (guessing its Barclaycard) number so my other half says but theyv'e said they'll call back me back when i'm in as ususally at work all day...................
Get a call last night at 7.20pm from Barclaycard asking how i am and then the chap starts coughing and then it cuts off...................... .....
Anyone else out there had any calls from Barclaycard whilst going through a claim against them ???
Perhaps there going to offer me a full refund of my charges before i start MCOL ???
a jacuzzi with Bananarama. I have not lived in Bolton since 1986
Posts
6,823
Re: Wot charges to claim ???
"Get a call last night at 7.20pm from Barclaycard asking how i am and then the chap starts coughing and then it cuts off...................... ....."
The poor fellow is clearly in a worse state than you are, judging by his health!
Kind of him to show concern for yours though!
This buffoon like behaviour is, I believe a odd attempt by Barclaycard or some chimp acting on their behalf, to test whether you are at the address they have on your lba.
If you get anymore calls from these muppets, send them this letter.
**your address**
**their address**
**date**
Re: Harassment by telephone
Dear Sir/Madam
I am writing to express my serious concerns regarding the telephone calls that I have received from your company.
I have written and requested that these stop, but I am still receiving calls.
I am now formally requesting that all further correspondence be made in writing only.
I demand that these phone calls stop immediately. I am familiar with the terms of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997 and I believe your harassment places you in breach of these acts.
If you continue to call, you will also be in breach of the Wireless Telegraphy Act (1949) and, as such, I will report you to both Trading Standards and The Office of Fair Trading.
I would be grateful if you could investigate this situation immediately and rectify it without delay, as I am willing to be a witness in litigation against Barclaycard if necessary and Police involvement will not be ruled out.
These are criminal offences and your Consumer Credit Licence will not protect you from charges.
I will deem you to have been served notice of this instruction by **2 days after you post it**, I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence.