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Already claimed & won charges back from Halifax current account & have 3 on going claims at different stages with other organisations, so I know the procedures quite well.
My question is...my employer provided me with a company credit card (Barclaycard Business) & I want to reclaim my "BARCLAYCARD BUSINESS" "late payment charges". I believe there is a different templete for this which calls for a different "act" - 1977 act or something. Could somebody point me in the correct direction for this templete please as I cannot find it.
To SLICK132 - "Is this is a Barclaycard in your business name, or a BC in your name which you used for business purposes"
This is in my name which is used for business purposes for the company I work for.
By the way - they have already provided all my statements detailing charges, etc.
Fill in the SOC and bear in mind there has been success recently with members claiming Contractual interest. If you want to reclaim this in addition to your chgs, claim it in your Prelim and lba ltrs.
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.
I now understand that the regime of fees which you have been applying to my account in relation to late fees are unlawful at Common Law, Statute and recent Consumer regulations.
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 as my fiduciary.
I calculate that you have taken £250. Additionally, if you have entered a default notice against my credit record this default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.
In addition to full payment of the sum mentioned above, I require that you remove any default entries from the register. Please note that mere correction or amendment to the entries will not be acceptable.
I require repayment in full of this money and removal of any default notice. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.
They sent the usual letter saying how it's fair & bla bla bla, etc, etc ,etc but I draw you attention the the following statement in their reply letter:
"You have suggested in your letter that the charges levied by Barclaycard Business are unlawful and thus not enforceable under the terms of the Unfair terms in consumer contracts Regulatons 1999.
The announcement from the office of Fair Trading on the 5th of April 2006, related only to personel Credit Card customers, and therefore, this did not apply to your facility as you have a Business Charge Card. We do not belive the charges levied under the contract with Barclaycard Business are unlawful. Equally we do not agree that the contract is unenforceable".
I didn't mention about a 1999 regulation, etc so how do you suggest I proceed?[/font]
Well they have responded, now I think its time for your claim to be submitted to the courts, I am sure there will be people on the site who will give any help needed to help you process the claim.
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.
Paying the balance was always up to the individual (me) who's name was on the card. If we were late (even by 1 day) the balance was transfered to the company to pay - even if my payment was already going through. Then, when they received my payment, they'd refund my company as they now had my payment. They'd always stick a £25 "late payment charge" on the balance which was of course up to me to pay.
OK, so you haven't sent your lba yet and you should do this now.
I'll try and get further clarification about reclaiming chgs on this type of a/c so, if we think you have a valid claim, we can advise on how to proceed.
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.
Interesting. What is the name on the a/c state's - you, employer or both.
How have you rec'd the Agree't and T&C's - have they responded to you after a formal CCA request (can't see mention of this above) or had you kept the doc'ts safely yourself.
I'll take this info back to the Site team and come back to you.
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.
Didn't have to request CCA as our company kept a copy from when we opened the account. They photocopied a copy for myself to keep. I have the application form titled "Charge Account - Individually billed (me) Card holder application form" & the "Terms & Conditions of Use".
The company signed the declaraton confirming that:
1 - You are duly authorised to enter into this agreement for and on behalf of the organisation.
2 - The details you have given us are correct.
3 - You want us to give the cardholder a company barclaycard and PIN for which the cardholder is eligible and from time to time replace the card with any company barclaycard covered by this agreement.
4 - You have read and agreed to the company barclaycard conditions and how we use you information.
Signed & dated by our Vice President of Fineance on the 28/SEP/2005.
I have signed the Declaration confirming that:
1 - The details the cardhoilder has given us are correct.
2 - The cardholder has read and agreed to the company barclaycard conditions and how we use your information.
BARCLAYCARD BUSINESS £25 late payment charges
current account & have 3 on going claims at different stages with other organisations, so I know the procedures quite well.
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