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I started to do the groundwork for a claim against Barclaycard about 18 months ago but after a death in the family didn't go any further than getting my account info from the Subject access request- this covered 2001-2007 if i remember rightly. (Wish i'd muddled through and got it over with at the time!)
I'm now ready to carry on where I left off and get my charges back- my question though is can I use the information that they sent me with the charges listed all the way back from 2001? I've heard something about a six year limit?.. does it make any difference if i have the transaction details to hand or that my original SAR would have covered from 2001?
I'm sure there is something on the site about the 6 year limit thing- but could i find it? lol :?
many thanks
hadamh
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.
Finally got all the transaction information for the last 6 years through so am in a position to progress to the next step.
I have a number of statements and copies from a previous SAR i did before my mum died so am looking to claim for the charges shown from the latest SAR and another £75 ish from 2001-2003- should I say anything in particular when claiming for more than 6 years? (I have the original SAR reply and copy statements from my 2007 request if it helps)
Bc will probably ignore the older charges and offer to repay only those that are "in date".
Include them all on your SOC and claim them anyway.
If you decide you really want them, you'll probably have to file a claim at court and include references to s.32, Limitations Act 1980. You'll need to read up on this.
If your case goes to court, BC are likely to defend. If the court finds against you and BC have offered to repay the "in date" charges, BC may seek costs for defending this aspect of your claim.
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 Slick,
On balance I'd be quite happpy to let the 3 charges pre-2003 go, although i'll put them in the schedule of charges as you suggested. Will be going for the CCA next so might be best to save the fight for another day!
Quick question...
Got the schedule of charges sorted nice and easily- i understand about removing the interest column at this stage but when I got to the prelim letter it mentions
"I calculate that you have taken £XXXXX plus £XXX which you have charged me in interest for the sums which you have taken. Total £XXXXX"
Is the interest bit only for those chasing compound interest so I can leave that bit out?
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.
hadamh vs. Barclaycard
- this covered 2001-2007 if i remember rightly. (Wish i'd muddled through and got it over with at the time!)
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