Also, I'd consider trying a slightly higher nominal interest rate between 19.9% and 24.9% to see if you can get the claim to over £9K but under £9.5K.

After all, you are claiming interest in restitution at a nominal rate.

Changing the spready int't rate is very easy.

Request for repayment of charges

Dear Sir/Madam,

ACCOUNT NUMBER: XXXXXXXX


My request I am writing to ask you to refund to me the charges which you levied on my account over 10 years.

I now understand that the regime of fees which you have been applying to my account in relation to late payments and over limits and so forth are unlawful at Common Law and contrary to consumer regulations.

Your responsibilities I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them. Your concealment of the true nature of your charges has prevented me from asserting my right until now.

What I require I calculate that you have taken £1k in charges and I also claim restitutionary interest of £6.5k, making a total of £7.5k. The interest has been calculated at a rate of 19.9% compounded monthly up until todays date. I understand that a partial credit was made directly to my account for £xxx on xx xxx 2007, although this was never acknowledged by myself as final settlement of this matter. However, I will deduct this from the total, which now stands at £7k. I enclose a schedule of the charges which I am claiming with this letter.

I also require that all data reported to CRA's for this account be removed on the basis that the account balance is made up wholly or significantly of penalty charges, rendering the CRA data inaccurate. Please note that mere correction or amendment of the CRA data will not be acceptable.

My targets to resolve this matter I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

If you dispute that I am entitled to a refund of these charges, I request that you forward within the above mentioned time scale, a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that, there will be no further communication from me and I shall I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.


Yours faithfully,

OK im concerned about the part payment bit. teh pros will have to advise as this is a major difference between your and my case

Hi Orge,

Did you see my post above, about using an interest rate that keeps the claim just under the £10K Small Claims limit ?

Suggestions as follows :-

My request I am writing to ask you to refund to me the charges which you levied on my account over 10 years.

 

I now understand that the regime of fees which you have been applying to my account in relation to late payments and over limits and so forth are unlawful at Common Law and contrary to consumer regulations.

 

Your responsibilities I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them. Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require I calculate that you have taken £1k in charges and I also claim restitutionary interest of £6.5k, making a total of £7.5k. Compound restitutionary interest is calculated at 19.9%. I understand that a refund of charges of £xxx was made in 2007. I have deducted this from the total of penalty charges and interest and the Schedule of Charges is enclosed.

 

I also require that all data reported to CRA's for this account be removed on the basis that the account balance is made up wholly or significantly of penalty charges, rendering the CRA data inaccurate. Please note that mere correction or amendment of the CRA data will not be acceptable.

 

My targets to resolve this matter I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you dispute that I am entitled to a refund of these charges, I request that you forward within the above mentioned time scale, a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

Ok, have updated the prelim letter to reflect the recommendation above. Have used an interest rate of 21.9, which brings the total to a little over 9k. Thanks very much for all the advice! I will get this posted tomorrow.

J

P.S. Interest will be accumulating at approx £5 per day on this... :O

Stop one minute

Before we go leaping into the fire we need to plan on how the partial settlement is going to impact on this. I remember one Barclaycard case that lost its impact as the claiment had not taken repayments into account on his schedual. It is vital we understand how the repayment impacts on the figures. Simply put, even though you did not acknowledge their payment, they have repaid something.

Unless im wrong (Which I could be)

You requested refund of X on date A

On date B they refunded amount Y

In my eyes your claim would not be allowed to include interest in restitution on amount Y after date B. They have returned amount Y and therefore are not making further unlawful enrichement on that amount.

What was the £ of charges in the current reclaim.

What was the amount they paid you.

Sorry to step in, just want to make sure your not sailing the wrong way

They refunderd about 30% of the charges (£300 out of £1k). I was also asking for CI in my original claim and it had proceeded to just before a court claim - I filed at court, but a mistake on the front sheet meant that my it was rejected and my fee refunded.

Thanks,

J

P.S. Additionally, I seem to recall their refund was for the difference between their charges and £12. I will need to check this when I get home though.

OK it looks like from yoru threads they paid the difference between the charge and the £12

Did they pay any interest as well?

Also remember you MUST change your POC to reflect the situation or there willbe technicalities for BC to use.

In my eyes, IF no interest was repaid, you might need to do 3 spreadsheets to work out the amount outstanding.

First Spreadsheet

all charges UPTO the repayment date with the interest in restitution. Here you would need to add to the claim pot the full charge and interest in restitution acrrued upto that point. THEN minus the repayment amount.

Second Spreadsheet

Enter the charges (£12 now after their repayment) upto the repayment date BUT put the charge date as the REPAYMENT date and apply the interest of restitution from there and add to yoru claim figure.

Third Spreadsheet

Any charges added AFTER the repayment date and apply interest of restitution on these charges and then add to your claim figure.

Looks unessasarily complicated but SHOULD prevent accusations of "Double accounting" by charging interest on same charges TWICE and takes into account repayments made. If they did pay you interest then we need to revisit this.

Second major point.

You made a claim in 2007. This means you knew of the problem in 2007. this is 7 years ago.

The way to defeat the 6 year stature of limitations is to say the payments were made under a mistake in law or fact and that you have discovered this within the last few years so the statute limitations does not apply. I am worried that your previous claim would leave BC a solid defense against this.

Please can Slick and Andy advise? (Hopefully they willt ell me ive over complicated things and tell you to proceed )

Ok.

I will hold off on sending the prelim today.

Slim was aware of the repayment, but I do agree that it could complicate things a little.

Thanks for you input.

J

No problem

Im hoping those two will tell you im wrong and that you should continue as planned.

I would in your shoes like to understand the complications and pitfulls so I could plan for them That way I reduce the risk of following the process and not hitting a brick wall.

Hi Orge,

I suggest you proceed with the Prelim as suggested. I don't agree with SS's suggestion about restitutionary interest NOT applying. Nor do I see any need for 3 spreadsheets at this stage.

There is always a chance that BC will raise the issue of any amount previously refunded. In particular, whether you accepted the amount in full settlement of that claim at the time.

However, we can deal with matters as they unfold.

I think the chance of winning and clearing debts outweighs the costs involved in the filing of the claim. As long as you (Orge) accept the risks involved, I think you should proceed as I suggested above.

Hi Orge,

 

I suggest you proceed with the Prelim as suggested. I don't agree with SS's suggestion about restitutionary interest NOT applying. Nor do I see any need for 3 spreadsheets at this stage.

 

There is always a chance that BC will raise the issue of any amount previously refunded. In particular, whether you accepted the amount in full settlement of that claim at the time.

 

However, we can deal with matters as they unfold.

 

I think the chance of winning and clearing debts outweighs the costs involved in the filing of the claim. As long as you (Orge) accept the risks involved, I think you should proceed as I suggested above.

 

That was the answer I was hoping to see

Cool.

Will get this in the post tomorrow.

Better to be safe than sorry though!

Ta!

J

FWIW, I found the letter detailing the refund and it's purely towards the cost of the charges themselves. No mention of the interest part of my claim at the time.

Thanks,

J

Handy to know

Hi Orge,

Re your post #114, can you confirm that the bank's letter did NOT say that the refund was in full settlement of the refund that you sought at the time.

The treatment of interest at that time is of less concern to me than the terms upon which the refund was made.

No, it doesn't say anything about settlement and it is just a good will gesture:

Thank you for your recent letter, your details have been passed to me in order that I may respond in

my capacity as a 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.

 

Putting the above to one side, as a goodwill gesture 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 current £12 fee. This would amount to £xxx. The credit will be reflected on your next

statement.

 

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 within 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 practice.

Excellent and I'd proceed with the Prelim.

You can always reconsider your position at any time, either before filing the claim (your first significant financial outlay) or further on in the process.

On a general note, the approach with BC cases may well differ to that with other banks and each case should be looked at individually.

Unsurprisingly, Barclays have rejected my second Prelim and I have prepared the LBA to be sent off today - adjusted schedule to today's date and changed text to reflect that it's an LBA.

Thanks!

J

Hi Orge,

Good. Use the next 14 days to finalise your PoC's and see how to file the claim with CCMCC.

Had negative response from Barclays, so ready to file now. Will get onto it tonight. J

If its any consoloation things are going well for me with BC

Hi Orge,

Use other *WON* threads as examples for your case but shout if you get stuck with the N1 claim form or your POC's.

Use CCMCC at Salford, not MCOL and name the Defendant "Barclays Bank PLC t/a Barclaycard"

Is it recommended to file online? This is the address/form I found for the CCMC:

https://www.moneyclaimsuk.co.uk/submit-money-claim-online.aspx

Thanks,

J

Hi Orge,

Use the CCMCC address to file a paper claim using Form N1.

The online system has insufficient space for POC's.