Thread: Dylan VS Barclaycard

Hi all,

Thought I would start up another thread for my barclaycard case. This is whats happened so far.

20/07/06 - Wrote to Barclaycard asking for all my statements.
27/07/06 - They wrote back saying I would have to pay £3 per statement due to the microfishe [problem]!!.
31/07/06 - Wrote back to them asking them for 6 years worth of statement at a cost of £3 each. Total 64 statements = £192. Cheque enclosed.

It's now been two weeks since I wrote to them requesting all my statements with the cheque enclosed.

What should I do now? How long do they have to hand over the microfische statements???

Thanks in advance
Dylan

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That was a bloody quick reply.

Ill give them another week then.

Im in a bit of a dilema I submitted my lba to barclaycard on the 14/08/06 so I should be filing my moneyclaim claim on the 28th but I still dont know what my charges are...
This is the lettter I sent to them

"Dear Sir/Madam,

I am very disappointed that you have failed to comply with my letter of the 24/07/06. You have had 3 weeks to respond to this letter and you have done nothing!

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I am utterly disgusted the way you have treated me with regards to requesting statements of my account. A Charge of £192 to get a few pages sent to me.

I require repayment in full of all charges made against my account since june 2000. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.


Yours faithfully,



Dylan


What should I do if I dont have the records in time??

Filed my Moneyclaim today - Added up all the charges I could see on the statements I had (then multiplied by x3) since I didnt have half of them. I offered to pay them the £3 per statment for the microfiche [problem]. They didnt send me the statements neither did they cash my check - In fact no reply at all.

Will keep you posted

To keep you all updated - Barcaycard wrote this to me today:

Originally Posted by ffocus

Dear Mr *****
BARCLAYCARD CUSTOMER SERVICE ACCOUNT NUMBER: ***************
Thank you for your recent letter, your details have been passed to me in order that I may respond in my capacity as Customer Relationship Manager.
I am sorry you feel the charges you have incurred are unfair. We believe that our charges are both fair and transparent, and we make them clear in our terms and conditions, and on the reverse of every monthly statement.
In your correspondence you have outlined a legal argument which you say supports your view. As I am sure you will appreciate Barclaycard is aware of all the information you have drawn to our attention. I must inform you however, that we disagree with your legal analysis.
Putting the above to one side, as a goodwill gesture and without any admission of liability, I am prepared to credit your account with the difference between the charges that you have incurred and the £12 fee recommended by the OFT. This would amount to £184.00. the credit will be reflected on your September statement.
May !-take this opportunity to remind you that the best way to avoid similar charges in the future is to remain within your credit limit and ensure that your monthly payment reaches us with the required timeframe.
Should you have any further questions regarding this matter please do not hesitate to contact me. If my reply does not meet with your expectations you may ultimately be eligible to refer to the Financial Ombudsman Service. Further details of this service are available on request. If I have not heard from you within 8 weeks from the date of this letter, I will close my complaint file in accordance with our usual practice.

Yours sincerely


Tracy Burgess

Any comments?

They owe me around £1000 to £1500 - I've filed for £1500. They have offered £184???

If they've refunded you £184 it means they're claiming to have charged you £460 in fines in total. The compounded interest could well increase this figure up to £1000! Write to them (by recorded delivery) accepting it as a part payment and carry on with the claim.

The thing is I havent got all my statements. Therfore I added up all the statements I had and this came upto £500 so i multiplied by 3 and added interest etc. Therfor for them to come back and say that they reckon all they owe me is £184 ie £460 is crazy. I can't believe they act in this way. They have said this even though they wouldnt even give me all my statments when i offered them £182 in statements request fees (microfiche [problem]).

Ok thanks