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Some time ago I went over my credit limit on my Barclaycard. It was my own fault, I accept responsibility for it. I also accept responsibility for not realising this had happened. I do all of my banking online and sometimes don't even open my paper statement when it arrives. My bad.
But, each month I would go to the website and make the minimum payment as stated. I went along in blissful ignorance that every month I was being charged a default fee, plus interest, that was far higher than the minimum payment, so I got deeper and deeper into debt.
When I finally realised what had happened I wrote to them advising them that the minimum payment they demanded of me each month was not sufficient to cover the charges and that I considered this to be irresponsible lending.
They replied saying "We disagree. Here's a token gesture of £xx". It wasn't much money at all, maybe only £20. But I had too many other things going on at the time to argue.
The situation didn't change. I kept paying the minimum payment, even though I knew it wasn't enough. I am now over £100 over the credit limit and can't afford to clear that in one go.
My husband spoke to them this evening and tried to arrange to make payments that were double the minimum payment, if they would stop charging the default fee every month.
The woman in customer services said that she would put a note on the account saying we didn't understand what the minimum payment was. He tried to argue, saying that's not what he had said and she hung up on him!
I still firmly believe that this business boils down to irresponsible lending on their part, even though I do accept some responsibility for not checking my statement every month to see that I had gone over my limit.
I have never had a credit agreement with any other company where the required minimum payment does not cover the charges to the account!
I want to complain to the financial Ombudsman, for a) the apparent refusal to accept the arrangement we proposed and b) the woman hanging up the call when my husband started mentioning FSA regulations!
Do we have a leg to stand on here? We are happy to make payments to bring the account into balance, we just want these charges to stop as they are only making the situation worse.
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.
Isn't that somewhat fruitless while all claims for charges are on hold pending the test case going through court? And won't Barclaycard continue to apply the charges each month anyway?
I'd like to find a solution that clears the debt as quickly and efficiently as possible as I'm four months pregnant and about to move house. My husband and I really want to get our finances tidied up before the baby arrives.
Personal bank a/c claims are all Stayed just now, but not Credit Card, store cards or catalogue a/c claims.
If you read the BC threads, you'll see users getting their money back all the time. There are 3 **WON** cases showing on the first page of the BC forum and here's the latest - http://www.consumeractiongroup.co.uk...-barclays.html
Start your claim now and I reckon a full refund will arrive before your baby.
Use this as your Prelim Letter but omit the "letter before action" bit - that goes on the LBA which you send 14 days after.
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.
Personal bank a/c claims are all Stayed just now, but not Credit Card, store cards or catalogue a/c claims.
If you read the BC threads, you'll see users getting their money back all the time. There are 3 **WON** cases showing on the first page of the BC forum and here's the latest - http://www.consumeractiongroup.co.uk...-barclays.html
Start your claim now and I reckon a full refund will arrive before your baby.
Use this as your Prelim Letter but omit the "letter before action" bit - that goes on the LBA which you send 14 days after.
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.
What have you sent them so far and how did they reply please.
I sent the prelim letter you linked to above. Their response was basically "Sorry you don't think the charges are fair. We do. Go away."
In the same letter as the charges claim I did also lodge a complaint against the call centre monkey who refused to arrange a payment plan and ended up hanging up on me, but they haven't responded to that bit at all.
They have been calling me daily, sometimes twice daily to demand payment. I have been telling them I won't pay until they handle my complaint. I have drafted a further complaint letter to them, but not sent yet, stating that I will only correspond in writing and not over the phone at 2pm on a Sunday - yes seriously, they are ringing me at weekends and as late as 8.40pm in the week.
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.
They want an immediate payment of £29, which I can happily pay them. But I owe about £150 to get back within my credit limit. I'm claiming nearly £300 from charges.
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.
With my original letter I sent copies of all my statements with the charges highlighted. I never sent a spreadsheet like that when I got my current account charges refunded last year. Is it really necessary in this case? I'm just worried about just how long it would take me to compile
They rang me again earlier today and I managed to stay polite but firm. I told the woman that I had made a complaint and was waiting for a written response to that and that I had also already requested only written correspondence. She was great actually and said she would put a hold on the system to stop the daily phone calls.
As it happens I can't make a payment atm as my debit card was recently cloned and I'm waiting for a replacement, my current one has been cancelled already. But I am more than willing to give them the £30 to shut them up for the time being. I just have to wait for my new card to arrive.
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.
Thanks for all the advice Slick. I sent off the schedule of charges and finally got all the charges credited to my account. They still didn't actually acknowledge the crux of my complaint though, the bit about the useless woman on the phone *facepalm* but I'm just going to let it lie there.
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.
The one remaining niggle I have is that there is absolutely no indication that they will reverse the default on my credit file. The letter they sent me last week basically said that they don't accept responsibility for the charges, they have credited my account as a gesture of goodwill only.
Is there anything I can do about this? Or shall I just leave it be?
From what you've said, there's no reason for them to remove the default. You admit going over the limit and it took a while to sort out.
The only way to try and have the default removed is to send off a CCA request and hope they have no enforceable agreement. Then after a torrent of letters and many months, they may finally remove the default but it's by no means certain.
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.
Minimum payment not enough ***WON***
, that was far higher than the minimum payment, so I got deeper and deeper into debt.
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Originally Posted by slick132
