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.
Advice on current practice for reclaiming credit card charges
Hi there, I'd be grateful for some advice about reclaiming credit card charges. I've previously reclaimed bank charges but this is my first attempt with a credit card (Barclaycard).
1. I've noticed that some posts mention a CCA. I take this to mean Credit Card Agreement, but I'm not sure I understand why it's required. Is this something I should request a copy of and is it to be used in my defence?
2. I've received copies of my Barclaycard statements between June 2004 to present day. The problem is that I requested statements from the day on which my account was opened, which was 2003 and they made no mention of this in their cover letter accompanying my other statements. Is this common and how is it best resolved? (I sent Barclaycard an email yesterday asking them to explain their actions and what they plan to do to resolve the problem.)
3. Another thread on this site advised not to use MoneyClaim online. Why is that and what other avenue is best?
4. Lastly, and I suspect this may be a consequence to question 3, what is the purpose of a Particulars of Claim (POC) form?
Re: Advice on current practice for reclaiming credit card charges
Hi Showtime and welcome to Barclaycard.
I'll reply to your points in order:-
1. Consumer Credit Agreement - may not be relevant to your case. More so if you dispute a debt BC are chasing you for.
2. If they haven't sent state's you think show charges, you need to send them SAR - see link below.
3. MCOL has v limited space so you can't use the new POC's (Particulars of Claim) to start your claim properly. Also MCOL have auto Stays on all Bank claims and they Stay some CC claims as well by mistake. We advocate use of Forn N1 filed at your local county court.
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.
Re: Advice on current practice for reclaiming credit card charges
Slick,
Many thanks for taking the time to respond to my query.
Re the Consumer Credit Agreement, in what circumstances will it be relevant?
You suggested submitting a S.A.R - (Subject access request) to obtain my missing statements. Should I need to do that when my original request was itself a S.A.R - (Subject access request)? In theory I've already requested and paid for all information relating to my Barclaycard. I emailed Barclaycard to say as much but, surprise surprise, they have yet to respond. I just wonder whether I should keep chasing them or submit another SAR.
You also mentioned that Barclaycard are now willing to settle some cases to avoid the fees and s.69 interest. Is s.69 interest the same legal provision which applies with respect to bank charges (meaning the 8% interest earned on the actual charges themselves)? Also, can you explain Contractual Interest?
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.
Re: Advice on current practice for reclaiming credit card charges
Hi Showtime & Slick. subscribing. I'm having the same problem with pre-June 2004 statements (Camdenite Vs Barclaycard). Are they arguing that they simply don't have the statements or using the line about microfiche "not being covered...."? I've hit the point we're I having to take them to court for non-compliance of S.A.R - (Subject access request) in order to get my hands on anything pre-June 2004. You may well find you have to take the same approach.
This gives them a further 7 days to dend them. But only send once their 40 days are up.
If you still dont recieve them, then you can file at court to recieve them. Many of us had to do that.
Re: Advice on current practice for reclaiming credit card charges
Camdenite & sea-sidelady - many thanks for your advice. Apologies for not responding sooner.
I've just emailed Barclaycard again (only the 2nd time) asking why they haven't responded to my original query of 12 Oct. I did receive a response to my 12 Oct email but it was only to say that they'd look into it.
I reckon they'll stonewall me in the same manner they did with Camdenite, so my non-compliance letter will be sent early next week unless I hear from them in the meantime.
Question: can either of you explain the concept of s.69 interest please. I don't know its origin or effect. Also, what is Contractual Interest? Is this the terms to which I agreed when I took up my Barclaycard?
Re: Advice on current practice for reclaiming credit card charges
Hio Showy,
When/if you file at court, you can add s.69 Statutory interest (currently 8%) to your claim. The figure is worked out for you when you use the site's Spreadsheet.
CI (Contractual or Compound Interest as I believe it should be called) calculates interest based on the int't rates the bank were charging you on your charges on a compounded basis.
As the bank were more likely to be charging you int't at perhaps 15% to 20% APR, the Advanced Spreadsheets (which you'll also find in the link above) take into a/c the actual int't rate the bank charged you on the chgs AND calculates that int't on a Compound basis.
Have you read the links which SeaSide Lady posted above re CI. If you have but don't understand CI, you may be better sticking just to your charges + s.69 int't if you file a court claim.
If you want to claim CI, you need to understand it, have the monthly balance figures to put on the spready and include CI from BC from the Prelim letter onwards. Also, be aware that BC will fight your claim harder and refuse to settle till much later in your claim.
Have another look at the links and at the Advanced Spready and see how you get on.
Please also read Paintball's Thread here in the BC Forum - great example.
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.
Advice on current practice for reclaiming credit card charges
) form?
Reply With Quote
