Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Use this address for your S.A.R - (Subject access request) and don't forget to enclose the fee and send it Rec'd Del'y :-
BARCLACARD.
PO Box 5592.
NORTHAMPTON.
NN14 1ZY
Barclaycard claims are being settled on a regular basis as you'll see from the forums' threads.
Credit card claims are not affected by the OFT test case or the general Stays that have been imposed on Bank Charges claims.
If you have to file your Court Claim, however, use your local county court and not MCOL as there's more chance they will wrongly Stay a BC claim and it's a pain to get it moving again.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Well I manged to get round to it and got my statements back today, they owe me £1156 and with a £600 balance it's still a nice chunk in my wallet
Anyway, next stage, prelim with schedule i'm assuming? I've already compiled my schedule, just need to sort the letter. I've decided not to claim any interest as it's far too complicated and I just can't get my head round it :S
Am I right in thinking I send the prelim to the above address as before?
Here's my prelim too, could I get a nod please? I've bolded the stuff that i've changed:
(My address)
BARCLACARD
PO Box 5592
NORTHAMPTON
NN14 1ZY
17/07/2007
Request for repayment of charges
Dear Sir/Madam,
ACCOUNT NUMBER: XXXX
My request
I am writing to ask you to refund to me credit card charges which you have levied from my account over the last 6 years.
The High Court has recently decided that your charges are subject to the Unfair Terms in Consumer Contracts Regulations 1999. I consider that the regime of credit card charges you operate is unfair within the meaning of these Regulations as they are not individually negotiated, they operate in much the same way as charges operated by other High street banks and therefore there is little alternative to myself but to agree to the charges. Furthermore the charges are contrary to the requirement of good faith and fair dealing as they lack basic standards of commercial moral practice and take an unfair advantage of the weak bargaining power of the consumer. They impose a significant imbalance in the rights and obligations between the contracting parties which is to my detriment. I also consider that the charges may be unlawful at common law.
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. Furthermore you are bound by the Banking Code to treat your customers fairly and it is evident that you do not so.
I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise.
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 £1156 in credit card charges. I enclose a schedule of the charges which I am claiming with this letter.
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 am fully aware of the waiver which you are presently relying upon and which was granted to you by the FSA. However, this is an internal industry matter and has nothing to do with me. It is one-sided and I note that you continue to levy charges and to enforce them despite the weight of judicial and popular opinion against you.
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, then please let me know within the above timescale the basis upon which you dispute together with the reasons why you consider your charges to be fair.
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 issue a claim at the expiry of the second deadline.
Hi MrDFuller (I hope that's not your name, badly disguised !)
Yup, Get the Prelim off with the Schedule of Charges to the address as before. Get a (free) Certificate of Posting from the PO when you send letters to save on the cost of Rec'd Delivery.
Now, this time DO IT and let us know how they reply.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Me again! It's been along time I know but with holidays and stuff i've just got back round to it.
Anyway, I sent off the prelim and they've offered only part of the total, could someone point me in the right direction of the correct template? I did find it at one point but now I can't. It was the one not excepting the offer etc etc.
Ok I think i've found it, i've got the following...
YOUR Street
Town
City
Postcode
Date
BANK NAME
Address
Address
Postcode
Re: Account number XXXXXXXX
Response to settlement offer.
Dear [named sender or Sirs]
Thank you for your letter dated xx/xx/xx
I respectfully decline your offer as Full and final settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx
I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a county court claim if necessary.
My (Request for Repayment letter) (letter before action) dated xx/xx/xx indicates that you have until xx/xx/xx to respond before I proceed to the next stage of my request (before I commence legal action). My deadline remains the same despite this offer.
If you do not accept my conditions for acceptance, or you do not respond within 7 days, I shall return the cheque to you. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.
(If the bank have credited your account, please use this note in place of the above paragraph)
If you do not accept my conditions, or you do not respond within 7 days, I wish to stress that I do not accept your offer and the money transfered to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly.
Is this the right one? Also I have a problem, I received the letter saying that i'll get only some of it back some time ago and as a result my deadline has expired. Have I spoilt my chances to getting the rest back?
Just send them the Rejection Letter amended to reflect your own case.
Perhaps start saying:-
I refer to your offer letter dated Blah and regret the delay in replying.
Instead of referring to your original deadlines etc, say:-
In view of the delay which has occurred, I will now wait a further 14 days for a full refund to be made, after which I shall commence court proceedings without further notice.
Stick to the deadline from now on, or BC will not take you seriously.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
[Home address]
BARCLACARD
PO Box 5592
NORTHAMPTON
NN14 1ZY
27/10/2008
Re: Account number
Response to settlement offer.
Dear Sirs
I refer to your offer letter dated 02/09/2008 and regret the delay in replying.
I respectfully decline your offer as Full and final settlement and request, once again, that you return to me all charges imposed on this account, totalling £1156.
I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a county court claim if necessary.
In view of the delay which has occurred, I will now wait a further 14 days for a full refund to be made, after which I shall commence court proceedings without further notice.
If you do not accept my conditions, or you do not respond within 14 days, I wish to stress that I do not accept your offer and the money transferred to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Barclaycard have settled in full with no conditions plus 8% interest so i've accepted the offer. This can be moved to successful claims now. Thanks everyone who's helped me with my claim.
mrdfuller vs Barclaycard ***WON***
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