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22/04/08 Data Protection Act request sent to Barcly Card (for all information held by Barclays PLC)
25/04/08 Statments, and a letter letting me know that the statments are all that they have on file for me (Just the credit card, no mention of the bank account)
Due to the extensive media coverage on bank charges I am now aware that you, Barclays PLC have been charging me, charges, that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.
Your charges appear to be nothing more than a profit-making scheme. Therefore I require you to refund me a total of £360, representing the total, unlawful charges deducted from my account during the last 6 years. I hereby give you 14 days to refund the charges back on to my account. For the avoidance of doubt, if this is not done within 14 days, I will commence my claim in the courts without further warning. This action will inevitably involve you in paying additional costs i.e. solicitors fees, interest
In addition to this, I request the refund of my PPI payment (£37.77) which I believe was mis-sold to me.
I believe you have not treated me fairly for the following reasons;
I was not asked about any pre-existing medical conditions I suffered from or warned that pre-existing medical conditions could affect my insurance.
Unless you can prove that the policy was fair and reasonable and that I was treated fairly when I was sold the insurance, I demand a full refund of all premiums that I have paid in relation to this policy.
As I understand, my current balance lies at £523.39 this from a balance of £638.75. Payments totalling £115.36 to date. To ensure a swift mutual closure, I request that you "write off" the remainding debt
You have informed me in a letter dated the 25th April 2008 that you have supplied me with all information that you hold on me under the Data Protection Act 1998 – Subject access request. I assume that if this is correct, then I do not have a signed credit agreement with you. I understand that without the signed agreement, a debt is not enforceable, (this would include the PPI) in a court of law.
A letter discharging me from the debt with you.
If you refuse to comply with my request for a refund, and settlement then I request proof of all costs involved, in regards to your actual or liquidated losses involved in any breach of contract to which these charges relate with yourselves, and that these charges reflect your true costs in relation to the said charges, and are proportionate to the charges levied on my account, as defined in Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e).
Finally if you are going to say that there was no breach of contract and that these charges are for a service, then I will argue that you have attempted to restructure accounts in order to present events of default spuriously as additional services. I must remind you that the UTCCRs are concerned with the intention and effects of terms, not just their mechanism. For example, a charge for 'agreeing to' or 'allowing' a customer to exceed his credit limit is no different from a charge for the customer's 'default' in exceeding his credit limit.
For the avoidance of doubt I now request a copy of the original contact that I signed with Barclays PLC and a copy of the terms and conditions that we received at that time along with any subsequent amendments to these terms and conditions until they reflect your current terms and conditions. Also I request a detailed report of which clause, in the terms and conditions, each charge had been applied against.
Yours
Heartopp
13/05/08 Two replies,
PPI - They are not going to refund this as they do not beleave that it was mis sold... They told me that they sent out the paperwork, and that I should have qustioned it (They did not send anything to me) They are going to send the application form under diffrent cover
They would refund me £202.00 for the charges.
Comp Slip saying that they sent out the information on the 25th - No other comments (not even a phone number)
15/05/08 - I did not accept the partial offer, and sent them a ltter advising them of this.
16/04/08 - Reminder letter sent to Barclays PLC for ALL informtion that is held by them (including the bank) ZV811407145GB
19/04/08 - Request, with £1.00 for my Credit Agreement ZV811407154GB
21/05/08 Complaint to the fos with regards to my PPI claim.
So, when i finnaly get to go to court (i mean, they will not make this easy will they) Can I do the claim for both Bank Charges and Credit Charges as I would be claiming from Barclays PLC?
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My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Keep the 2 claims totally seperate and start a new thread in the Barclays forum for the bank a/c claim. The bank a/c and Credit Card a/c claims are dealt with differently.
You may be able to get repaid on CC a/c without court unless you claim Contractual interest but to do this, you should claim CI from your 1st claim letter onwards.
If you want all your bank chgs back, you'll need to file claim at 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.
slick is right - I just answered your basic question - he saw the bigger picture
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
heartopp v Barclay Card
. I hereby give you 14 days to refund the charges back on to my account. For the avoidance of doubt, if this is not done within 14 days, I will commence my claim in the courts without further warning. This action will inevitably involve you in paying additional costs i.e. solicitors fees, interest
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