Thread: Working out claim BC?? can I claim interest? ***WON***

Hi

Finally BC have responded to my S.A.R - (Subject access request) with all my statements back to 2002. So a few questions.

First question;
Can I only claim for 6 years? there is just a few charges prior to the six years.

Second question:
Other people on here seem to be talking about interest, can I claim interest from BC? I was under the impression that I could only add interest when I submitted the court papers.

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Hi Scatz,

Once you've digested Steven's Int't Tutorial you should understand better the process of claiming interest at the Contractual Rate.

Re claiming beyond the 6 years, if you know of the date and amount of older charges, include them on whichever Spreadsheet (simple or advanced) you complete to create your SOC (Schedule of Charges).

A few words of warning, however.............

If you claim Int't at the Cont'l Rate form BC, you'll have to File at court, they'll defend the claim, you'll then have to d/w the aq and Draft Directions. You'll have to make and print out your Court Bundle (X3 copies) and even then, BC will only negotiate just before a final hearing date. You'll have to pay the court and AQ fees (reclaimable).

If you understand the principles about Cont'l Int't and are happy to take it up to, or into, court, go for it.

There are some BC threads showing how such claims have gone for others. If you can't find them, shout and I'll try to link them for you.

Also, if the older chgs amount to much, BC may again refuse to repay and you'll have to take it to court and include s.32 of the Limitations Act to support your claim for the older chgs.

If you just reclaim the penalty charges for the last 6 years, BC have been repaying these after just a few letters and no court action. They even add on a flat 8% bonus if you're lucky without reference to the charge dates.

Your decision.

Hi Scatz,

Further to the above :-

Simple reclaim case settled this week - http://www.consumeractiongroup.co.uk...-i-reject.html

Alphageek's marathon ended in triumph, eventually. Please read through the whole thread and you'll get a good feel for how a similar claim could go - http://www.consumeractiongroup.co.uk...rclaycard.html

Originally Posted by scatz1972

Hi Slick

Thankyou for your words...after 30min of looking at Stevens tutorial and reading a few threads on here I came to the same assumption. So I will go for the basic charges...sorry guys but my brain just cant take all that info and maths in!

OMG, after 40 mins writing and researching.

Maybe take a peak anyway, so you can see how it can go.

Hi Scatz,

Best advice has to be - If you don't understand it - read it again.

If it's still not happening - don't blag it and just stick to the simpler claim.

You would probably just end up getting your charges back without the CI or older chgs. However, if BC had offered to repay the simple chgs before you Filed a claim in court, they could try claiming costs against you on the basis that the litigation was unnecessary.

In any event, you should be confident about the case you are taking on, so blagging it is really not a good option.

We are here to help you if necessary - just shout.

Hi

Just an update I got a letter from BC this morning, after reading some of the threads on here it seems to be BC's normal response.

Thankyou for your recent letter, blah blah. Im sorry that you feel that the charges you have incurred are unfair blah de blah. However I am prepared to to credit your account with the difference between the charges that you have incurred and the current £12 fee....grand total of £***, this will be credited to your account.

So I take it that I now send the lba letter (amending a few bits) with another copy of the charges?

Hi Scatz,

Yep, send lba now and also enclose a separate Rejection Letter - http://www.consumeractiongroup.co.uk...ng-offers.html

PS - don't quote exact figures on the forum, just rough ones. It doesn't matter here particularly, but the forums are watched and it's best to keep a bit of anonymity.

Scatz, how long did your SAR take to come through? Am still waiting for mine.

thanks, I sent mine on 15th october so hopefully not long now. I'm hoping to go for charges, PPI and f.a.p.

Hi Scatz,

Fantastic news and thanks for the Site donation.

Another great example of how simple it can be to reclaim Penalty charges.