Roydosan v Barclaycard ***SETTLED IN FULL***

**roydosan** · 13th July 2006 13:04

Ok now I've sent off the Data Protection Act Special Access Request and had copies of statements after May 2004 with the usual reply about the microfiche. But there was something about the letter which caught my eye. I quote:

"Please note that Barclaycard only introduced charges for exceeding the credit limit and late payment in mid-2001."

Now I have most of my statements from before 2004 (only missing about 12 or so) and there have been fines imposed well before that date - so I don't see how this statement can be true. Anyone else found this to be the case?

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**MyronAub** · 13th July 2006 16:08

While not a definitive answer, I have statements going back to 1998, I missed the odd payment here and there but only have charges applied from August 2001 so their statement may actually be correct.

**roydosan** · 13th July 2006 17:16

But I don't see how that can be - I have had a fine of £20 imposed in October 99! Almost two years before they say they started them!

**MyronAub** · 14th July 2006 20:21

Roydosan, what was the specific name given to your £20 fine in 1999?

I definitely missed the odd payment prior to 2001 but they only charged me late fees from late 2001 onwards.

I've just seen another thread "BobinRamsey v Barclaycard" who also confirms charges only started in 2001.

It seems odd that you have charges from before that, particularly when Barclaycard have categorically stated they only introduced fees in mid-2001. While I do believe the banks knew all along that their charges were unlawful but thought they'd get away with it, I find it much harder to believe they'd deliberately lie to you.

Obviously though they charged you for something so it would be interesting to know what the charge was for.

**roydosan** · 15th July 2006 02:31

The charge is listed on my October 99 statement as an 'Out of Order Fee' of £20. They are right about one thing - it was bang out of order!

**roydosan** · 22nd August 2006 10:59

DPA expired so I've sent off the preliminary request for repayment of charges. As I'm now disputing the charges should I continue to pay my monthly Barclaycard bill or should I halt this whilst the action is proceeding (my outstanding balance is less than what I am claiming)?

**EddieP** · 22nd August 2006 11:10

I worked for Barclaycard until 99.

They introduced automatic out of order fees around 98/99 as the American Card companies such as MBNA icon

became competition in the UK and made so much money from them. Previously the out or order fees were only applied after being threatened when overdue/overlimit and not paid. The fees were therefore to cover the costs in chasing up the overdue/overlimit payment rather than just automatically apply to any account overdue/overlimit without any additional cost.

**m3shl** · 22nd August 2006 21:12

"Please note that Barclaycard only introduced charges for exceeding the credit limit and late payment in mid-2001."

Now I have most of my statements from before 2004 (only missing about 12 or so) and there have been fines imposed well before that date - so I don't see how this statement can be true. Anyone else found this to be the case?[/quote]

Thats exactly what I noticed when trawling through my statements - 16 January 2001 Late payment charge £12.00. However they did increase it to £15 mid 2001 - perhaps they are only refering to the charges above the £12.00 they believe that the OFT agree with!!!

M3shl

**roydosan** · 11th September 2006 10:56

I've issued the lba icon

(which expires on Wednesday) and am getting ready to issue the court claim. But as I'm now disputing the charges in court should I continue to pay my monthly Barclaycard bill or should I halt this whilst the action is proceeding (my outstanding balance is less than what I am claiming)?

**roydosan** · 12th September 2006 10:21

Is anyone able to answer/help with this???

**roydosan** · 18th September 2006 11:58

anyone got any advice on this?

**alibobsy** · 18th September 2006 14:08

I think this is your call really. Probably easier to keep paying and avoid the hassle of phone calls icon

and letters. But on some of the other threads people have stopped payments and sent the company a letter stating as the amount is in dispute, under the Banking Code icon

(someone on here will be able to give you the exact section, as I have seen it on another thread) they shouldn't default you on the account. Mind you they will probably add more charges on for you to claim back lol.
Good luck with your claim
ali

**roydosan** · 21st September 2006 11:25

Issued court claim against Barclaycard yesterday.

**Warms** · 21st September 2006 16:24

Originally Posted by roydosan

Issued court claim against Barclaycard yesterday.

That's music to my ears... go get 'em!!!

**roydosan** · 4th October 2006 15:32

Ok 4 October today and still nothing has happened - no paperwork from the court and the MCOL website states that the claim was issued on 21/09/06 and the judgment reads "Start" - does anyone know what this means?

**roydosan** · 5th October 2006 11:49

Anyone?????

**skbuncks** · 5th October 2006 15:06

Hi Roy

It means bcard have not acknoweledged the claim within the 14 day deadline. You can now therefore start judegment - simply click on start in MCOL and follow the online instructions. Unfortunately this is not likely to be the end of the road as bcard can apply to have the judgemnt overturned, they can then file defence etc in usual manner.

**roydosan** · 12th October 2006 11:25

Barclaycard have now acknowledged the claim. Does that mean they now have another 14 days or what happens now?

**Bookworm** · 14th October 2006 11:16

Yes, they have another 14 days to file a defence icon

.

**roydosan** · 20th October 2006 16:32

Defence duly filed by Barclaycard today. Just waiting for the court date now....

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