Thread: New to credit card claiming

Last year I put in a claim against Abbey for around £900. I received £370 paid into the closed account as a gesture of good will and the rest of the claim is on a stay.

I never really thought of going after Barclaycard until they contacted me in December and said I was £200 over my limit. As far as i knew i'd been paying off my the minimum but apparently that wasn't enough.

Anyway, as i understand it credit card claims are not included in the OFT case. However what I am confused about is what I should be claiming. I opened the account in 2002 when I was still a student so as you can imagine I ran up a few charges where then £38. Now can I claim the whole of these charges back or do I just claim the difference between the old £38 charges and new £12 level?

More recently I have had a number of £12 charges, can these be claimed too or not?

Thanks

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I sent the Subject Access letter yesterday so there's a long wait yet. I used a letter template form MSE website rather than the one here that I used for the bank though.

Anyway just to clarify am i entitled to claim both of:
a) All the old back dated £38 charges
b) All newer £12 charges

I have read that only the difference can be claimed and someone on other forums said that I would not be successful in trying to claim back any £12 charges.

hmm. I sent my SAR letter on 24/1/08 no response yet, but fair enough they have 40 days, however checking the item with Royal Mail just tell me to try later as the item might not have been delivered yet.

I sent it recorded delivery. My cheque has not been cashed. I have exactly the same problem with sending letters to Abbey, so I sent it twice to them.

Just as I say that my records turn up in the afternoon post.

going to through them tonight but I anticipate around £300+ in charges. I currently owe £521 on a £350 limit through charges.

Anyway, what letter are people using to initially request charges back? I presume its quite a bit different than the bank reclaim one. Is there a specific Barclay Card letter?

Is this Prelim letter ok?

Request for repayment of charges

Dear Sir/Madam,

ACCOUNT NUMBER: xxxxxxxxx


My request
I am writing to ask you to refund to me the charges which you have levied from my account over the last XXXX years.

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


I do not believe the charges reflect the true cost to Barclaycard and are unfair and disproportionate. I am therefore requesting a refund based on the Unfair Terms in Consumer Contracts Regulations 1999.


If you say that they are not unlawful, please demonstrate this by providing me with a full breakdown of the costs to which you have been put by as a result of my purported breaches, in order to reassure me that your charges really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

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 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 £XXXXX plus £XXX which you have charged me in interest for the sum which you have taken. Total £XXXXX .
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 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(c), 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 issue a claim at the expiry of the second deadline.


Yours faithfully,

How am i calculating interest? Do I just at my purchase rate % onto the charges?

I have worked it out to £381. I do not intend to claim interest on the charges other than statutory interest should it go to court.

I will send the schedule and my prelim letter tomorrow afternoon. I was wondering if it is ok to specify a method of payment in the prelim letter e.g cheque? I'd rather not have the amount paid back onto my barclaycard.

I'm going back to 2003.

My statements say interest at between 1.3 & 1.8% (it differs on each)
But none of these add up to my purchase apr

Looking at the statutory 8% (which I know I can only claim if this goes to court, the interest is around £65)

had another go. I in the interest column I used the the monthly figure of 1.3 x 12
This gives a figure of around £145 interest on £361 of charges over 5 years.

OK I go away in June and I actually like my Barclaycard so might just ask for the charges back.

what are your thoughts on changing my Prelim letter to ask only for the charges, warning them that should they not be paid I will then seek fully charges plus interest?

debt collection companies seem to use this tactic i.e pay this much now and we'll leave you alone, if not we'll seek the full amount in court.

Received a reply from barclaycard dated 15th Feb. As a gesture of goodwill they will credit £82 to my account. This is the difference between the old charges and the new £12 level plus 8% interest.

Obviously this is no good to me. Do I send the rejection letter or the lba letter?