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.
Hi, I have asked Barclaycard to refund me £1100 of charges (late payment etc). They have offered a goodwill gesture of £225 which I accepted a part payment only. The balance of the account now stands at £500ish and I can't keep up with the payments. Can I refuse to pay the minimum payment based on the fact that the account is in dispute?
A quick answer would be really appreciated. Thank you
If you've got a claim to £1100.00 and the bank have a claim to £500.00 ish, why not set the one off against the other?
That said, you may be precluded. Where you say they offered £225.00 which you accepted in part payment, are you sure you made it crystal clear that it would only be accepted in part payment and that there is nothing the bank might argue to say their offer of £225.00 was accepted in satisfaction of your entire claim.
If the power to set off is precluded for the reason I suggested or some other reason, it is likely that you will have an obligation to make the minimum payment when it falls due.
I sent a letter to them stating that I would only accept as part payment and if they didn't agree with my terms then they should remove the money from my card (which I didn't agree to them paying in the first place). They had 7 days to respond if they didn't agree and I have heard nothing. I sent the letter via recorded delivery and I stated that if I didn't hear anything in 7 days then I would take that as an agreement of terms. So I think I am covered.
I am at the court stage now so I am going to file a claim with the local court and hope that they fold before the court date.
Is there a POC for Credit Cards or is it the same as the bank charges one?
We have a set of rejection letters. If you're happy you made it clear you wanted to accept their offer as part payment and would pursue the rest, that's fine. If you're NOT sure, use the letter closest to your circumstances from here - http://www.consumeractiongroup.co.uk...ng-offers.html
BC will agree to refund the full charges without too much trouble. If you've not done so, send them your LBA (letter before action) now. I assume you've sent them a SOC (Schedule of Charges). If not use the Site spreadsheet for Credit Cards (Simple version) and enclose it with your LBA.
When they see you're claiming using the right methods, they'll back down and offer the full refund.
This will settle the debt and leave you a balance which you can ask to be repaid to you direct. It won't take long, so pay the next min pay't if you can, to avoid having to reclaim further charges separately.
You won't need to use the BC POC's unless you are claiming full interest on the charges as well, in which case you'll have to be prepared for a longer battle, Court Bundles and last minute negotiations just before a court hearing.
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.
Update - After sending a lba BC offered to pay 50% of the charges. I have again accepted this as part payment only and given 10 days to refund the rest. Fingers crossed. Thanks for the advice.
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.
BC have declined to repay full charges. They say their last letter of repaying 50% is a final offer.
Should I start the Court proceedings now or can I go to fos first. Not sure what my next step is?
Just to add, this is an old Karen Milen Store card which was taken over by Barclays Partner Finance. Any one else had any dealing with these?
I am also under a dmp which Barclays have so far ignored. They have continued to add charges for late payment and have given me a defualt. I have asked them to remove this but they say they won't.
What are my chances of a full refund and removal of default without going to Court?
Normally, I'd say File your court claim at this stage but, as you seem keen to avoid this route if possible, you could try one more letter to BC and say:-
************************* **********
Dear sir or madam,
A/c No. xxx xxx xxx xxx
Thank you for your letter of date.
I am giving you one final opportunity to repay to me the unlawful penalty charges made to my account, as set out previously on my Schedule of Charges.
I enclose a further copy of this schedule. Please repay the total charges shown of £xxx.xx within 14 days. If you do not, court action will follow without further notice.
Yours faithfully,
Dyanomo
************************* **************
However I should add that, if you do now file at court, you can claim Statutory interest as shown in the last column of the spreadsheet. This may increase your claim significantly depending on how far back the charges go.
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.
Ok so I have just written a letter pointing out that if the Bank charges are unlawful then so is the Default. I said I am willing to go to Court and will be filing a Court Order for the actual costs etc. I have told them I will be filing Court action on 31st October. If they wish to settle they will have to do it before then! Fingers crossed I don't have to file but I am fully ready to. Well I will be after a few pointers on the N1.
I'll keep you updated but if I do have to file, help would be appreciated.
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.
Its up to you, but theyve reduced the balance to zero, so what default could now possibly exist. You could I suppose go for the rest plus damages due to your credit file as well. Or maybe a final letter to them to remove default and forget the rest. Someone will advise you, whichever way you go. well done so far
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.
If they had refunded all the charges then the account would be in credit by £250 ish. Therefore when they set the default there were still penalty charges un-refunded. They say they are legally obliged to show an accurate report of payments. As I didn't make the payment, a default has been issued and can not be withdrawn.
I will have a look at the link, any ideas what I should write back?
I suggest you print out your SOC again. Make a note on it of the amounts refunded, showing the balance now owing to you.
Write back and say:-
Please send me a cheque for the balance now owing of £xxx within 14 days, as shown on the enclosed Schedule of Charges which takes account of the sums refunded so far.
You must also remove the Default marker placed on my credit files on date. The penalty charges on the account at the time mean the balance was incorrect. In addition, BC in fact owed me more at the time of the default than I owed to BC. The Default was therefore made incorrectly and must be removed.
If you fail to comply with my reasonable requests, I shall issue court proceedings after 14 days, without further notice.
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 - account in dispute
of £225 which I accepted a part payment only. The balance of the account now stands at £500ish and I can't keep up with the payments. Can I refuse to pay the minimum payment based on the fact that the account is in dispute
?
Reply With Quote
