Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Now sifted though BC filing and see that I've kept all my statements from when I started the account (Thank GOD!) I thought I was ok with them, but they managed to slap me with 3 £20 charges between 2002-2004 - fine by me, all the more to get my hands back on hey?!
Ok so I can skip the SAR on this occasion and directly send them a PAR. I make it £60 in charges but am totally confused on interest. I've read so many threads and posts that it's getting confusing. The statements with the charges show that BS (!) I mean BC, charged interest on my standard balance at 1.385%. I've looked at the excel s/s as well and put some figures in there, and according to that the interest on penalties is £1.33. Do I include this at this stage? Some posts say yay, some say nay. Also what about this compound interest everyone is talking about...how on earth do I work that one out? I've read the threads there too and am going barmy now!
Will continue to read up on as much as I can so may come across the answers at some point but would be grateful for some clarification none-the-less.
DAY 1: 12/09 - S A R to British Gas
DAY 45: 27/10 - Data Non-Compliance sent off
DAY 67: 18/11 - N1 Deemed served
DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06 24 Days: E2Save Settled in full £70 59 Days: Barclaycard claim Settled in full £134.39 162 Days: Halifax Settled in full £1543.80 179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs 254 Days: Barclays 2 Settled in full £1450.91
Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Barclaycard charged you interest on the 3 X £20. As the charge was unlawful it follows that the interest was also unlawful.
At the very least, every time you were charged interest on an outstanding balance from the date they took the charge until your account was cleared, part of that interest was related to the unlawful charge and thus should be reclaimed. Remember that on the first time the charge is applied the interest will be £20 X 1.385% i.e. 28p but if interest is charged the next month the interest charged would be £20.28 X 1.385% = 28.08p and so on untill your account is cleared and you are no longer charged any interest. The charge and its interest are the last things you pay off when you clear the account.
If you wanted to be really pedantic, you could argue that, once the balance was cleared and you were not charged interest by Barclaycard, your savings that otherwise would have attracted interest elswhere were depleated by the unlawful charge and its interest so you could claim the loss of that interest as well. But maybe that's a complication too far.
Thanks - what do you think I should ask back for in the letter then? And should I use the simple s/s for a schedule of charges?
Crash
Crash
DAY 1: 12/09 - S A R to British Gas
DAY 45: 27/10 - Data Non-Compliance sent off
DAY 67: 18/11 - N1 Deemed served
DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06 24 Days: E2Save Settled in full £70 59 Days: Barclaycard claim Settled in full £134.39 162 Days: Halifax Settled in full £1543.80 179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs 254 Days: Barclays 2 Settled in full £1450.91
Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.
The decision on which calc to use, compound or simple, is a money vs workload decision.
One of the £20 charges was taken in 2002.
Assuming it was exactly 48 months ago and you were charged interest on it every month, the interest calculation at 1.385% per month is £18.71 using the compound method and £13.30 using the simple method. Difference £5.41.
It's a more involved calculation for the compound interest but if the charge and its interest remained unpaid during the 48 months then that is how the bank would calculate it.
Sending off lba today for £60 charges plus £42.65 in compound interest since first charge in Sep 2002 (thanks Aitken for all your help on this). Bring it on!!
Crash
Crash
DAY 1: 12/09 - S A R to British Gas
DAY 45: 27/10 - Data Non-Compliance sent off
DAY 67: 18/11 - N1 Deemed served
DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06 24 Days: E2Save Settled in full £70 59 Days: Barclaycard claim Settled in full £134.39 162 Days: Halifax Settled in full £1543.80 179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs 254 Days: Barclays 2 Settled in full £1450.91
Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Received standard response today to say sod off, here, have a nice 'We value your feedback' leaflet, and if we don't hear from you in 8 weeks we'll assume complaint is resolved.
AS IF!!
I made a tiny boo-boo in that looking through the template letters the only one I saw for the c/c was the one I sent off, but that was an lba, so I never actually sent them a prelim....or a SAR (coz I already had all my statements)
I can now wait until the 14 days from the LBA are up and start Moneyclaim OR I can give them more time, given that I didn't send a prelim. However, this letter of theirs shows that they're not interested so I don't think there's any point in giving them more time.
Any thoughts?
Crash
DAY 1: 12/09 - S A R to British Gas
DAY 45: 27/10 - Data Non-Compliance sent off
DAY 67: 18/11 - N1 Deemed served
DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06 24 Days: E2Save Settled in full £70 59 Days: Barclaycard claim Settled in full £134.39 162 Days: Halifax Settled in full £1543.80 179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs 254 Days: Barclays 2 Settled in full £1450.91
Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Received standard response today to say sod off, here, have a nice 'We value your feedback' leaflet, and if we don't hear from you in 8 weeks we'll assume complaint is resolved.
AS IF!!
I made a tiny boo-boo in that looking through the template letters the only one I saw for the c/c was the one I sent off, but that was an lba, so I never actually sent them a prelim....or a S.A.R - (Subject access request) (coz I already had all my statements)
I can now wait until the 14 days from the LBA are up and start Moneyclaim OR I can give them more time, given that I didn't send a prelim. However, this letter of theirs shows that they're not interested so I don't think there's any point in giving them more time.
Any thoughts?
As you had all the statements your needed the the SAR was superfluous.
It is expected by the county court system that you will have made some effort to setle the matter directly with your debtor before lodging a claim with the court. That is the purpose of the prelim and LBA letters.
If I understand correctly what you have done, you have sent them sufficient particulars of your claim for them to understand it and a statement of your intention to pursue this through legal action if they do not answer within 14 days or they answer with a refusal.
They have answered with a refusal so if they try to pretend ignorance of your intentions, you could say to them "What part of pay up or I'll take legal action did you not understand?".
I would wait the 14 days plus a few working days to accomodate posting delays and then lodge your money claim in the County Court.
Will do....now off to re-read everything about submitting a claim, and to try and find a way of incorporating the 'compound interest' wording. I'm sure it's around somewhere
Crash
DAY 1: 12/09 - S A R to British Gas
DAY 45: 27/10 - Data Non-Compliance sent off
DAY 67: 18/11 - N1 Deemed served
DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06 24 Days: E2Save Settled in full £70 59 Days: Barclaycard claim Settled in full £134.39 162 Days: Halifax Settled in full £1543.80 179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs 254 Days: Barclays 2 Settled in full £1450.91
Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Wouldn't bother specifying compound interest it's just interest.
The MCOL method does not allow sufficient space for a full schedule of charges and interest so I would jut put the totals and add a not saying that the detail has already been sent to the defendant and will be made available to the court when necessary.
Don't forget to put in the paragraph about the 8% Section 69 interest.
Crash - mine is very similar to yours. Only £60 taken in the 18 months I had the card running, and I did think of not bothering as its nothing compared to the charges on my current account!
But then I thought why the hell should they keep my money!?!
Prelim letter posted today - does anyone know if it makes a difference that my account is already closed? Will they still have to refund?
Going to get my head round this interest thing now......
(seen the other threads on here saying they just refund the difference between the £20 charge and the £12 mentioned in the OFT report? )
Makes no difference if the account was closed - the charge was unlaw then, and it's unlawful now!
They can refund the difference all they like - I'm still going to sue them for the full amount even if it's small
Good luck!
Crash
DAY 1: 12/09 - S A R to British Gas
DAY 45: 27/10 - Data Non-Compliance sent off
DAY 67: 18/11 - N1 Deemed served
DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06 24 Days: E2Save Settled in full £70 59 Days: Barclaycard claim Settled in full £134.39 162 Days: Halifax Settled in full £1543.80 179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs 254 Days: Barclays 2 Settled in full £1450.91
Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.
14 days from lba up so submitted claim online today for £134.39 including court costs and the cost of a first class stamp!
Crash
DAY 1: 12/09 - S A R to British Gas
DAY 45: 27/10 - Data Non-Compliance sent off
DAY 67: 18/11 - N1 Deemed served
DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06 24 Days: E2Save Settled in full £70 59 Days: Barclaycard claim Settled in full £134.39 162 Days: Halifax Settled in full £1543.80 179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs 254 Days: Barclays 2 Settled in full £1450.91
Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Good luck Crash - have they not offered you the difference between the charges and the £12? Thought that was pretty standard.
Morris v Halifax
Data Protection Act letter sent 20/6
Charge deducted from account 27/6
6 yrs statements received 25/8
Prelim sent 30/8 (£1014 charges + £156.11 interest).
Std reply & complaints leaflet received 5/9
Offer received £70 9/9
LBA sent 12/9
No reply to LBA - MCOL requested 26/9
Offer received 26/9 - £218.
MCOL issued 26/9, acknowledged 29/9
Offer 29/9 - full amount ex. o/draft interest
Accepted as partial
Credited to account 12/10
AQ sent for rest Morris1 v Barclaycard
Prelim letter sent 31/8 (£60 charges + interest).
Standard reply 9/9
Offer 12/9 - full amount!! Morris 2 v Barclaycard (Mrsbass!):
Data Protection Act letter sent 7/9
Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.
Prelim 20/9 £100+interest actual, +same estimated.
LBA 3/10
Partial offer £48 6/10
I don't think I really gave them much opportunity to offer the difference as I slapped them with an lba straight-away (bit of a boo-boo on my part) but never mind, it's all very exciting! The clock ticks and the money increases by the day
Crash
DAY 1: 12/09 - S A R to British Gas
DAY 45: 27/10 - Data Non-Compliance sent off
DAY 67: 18/11 - N1 Deemed served
DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06 24 Days: E2Save Settled in full £70 59 Days: Barclaycard claim Settled in full £134.39 162 Days: Halifax Settled in full £1543.80 179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs 254 Days: Barclays 2 Settled in full £1450.91
Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Received 'Notification that Acknowledgement of Service has been Filed' from MCOL today, with a response attached that Barclaycard intend to defend. It's been signed off by a person in the position of 'Bank Clerk'!
Crash
DAY 1: 12/09 - S A R to British Gas
DAY 45: 27/10 - Data Non-Compliance sent off
DAY 67: 18/11 - N1 Deemed served
DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06 24 Days: E2Save Settled in full £70 59 Days: Barclaycard claim Settled in full £134.39 162 Days: Halifax Settled in full £1543.80 179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs 254 Days: Barclays 2 Settled in full £1450.91
Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Wonder if they'd send the same bank clerk to court to defend? (if they take it that far...... )
Morris v Halifax
Data Protection Act letter sent 20/6
Charge deducted from account 27/6
6 yrs statements received 25/8
Prelim sent 30/8 (£1014 charges + £156.11 interest).
Std reply & complaints leaflet received 5/9
Offer received £70 9/9
LBA sent 12/9
No reply to LBA - MCOL requested 26/9
Offer received 26/9 - £218.
MCOL issued 26/9, acknowledged 29/9
Offer 29/9 - full amount ex. o/draft interest
Accepted as partial
Credited to account 12/10
AQ sent for rest Morris1 v Barclaycard
Prelim letter sent 31/8 (£60 charges + interest).
Standard reply 9/9
Offer 12/9 - full amount!! Morris 2 v Barclaycard (Mrsbass!):
Data Protection Act letter sent 7/9
Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.
Prelim 20/9 £100+interest actual, +same estimated.
LBA 3/10
Partial offer £48 6/10
Hi Crash - has there been no contact since the acknowledgement of service?
We're filing MCOL early next week & just wondered what to expect with them.
Do you know if they've filed a defence yet?
Morris v Halifax
Data Protection Act letter sent 20/6
Charge deducted from account 27/6
6 yrs statements received 25/8
Prelim sent 30/8 (£1014 charges + £156.11 interest).
Std reply & complaints leaflet received 5/9
Offer received £70 9/9
LBA sent 12/9
No reply to LBA - MCOL requested 26/9
Offer received 26/9 - £218.
MCOL issued 26/9, acknowledged 29/9
Offer 29/9 - full amount ex. o/draft interest
Accepted as partial
Credited to account 12/10
AQ sent for rest Morris1 v Barclaycard
Prelim letter sent 31/8 (£60 charges + interest).
Standard reply 9/9
Offer 12/9 - full amount!! Morris 2 v Barclaycard (Mrsbass!):
Data Protection Act letter sent 7/9
Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.
Prelim 20/9 £100+interest actual, +same estimated.
LBA 3/10
Partial offer £48 6/10
Haven't heard diddly squat from them Neil, and keep checking my online account to see if they'll just credit the money back. I thought I'd be able to hit the judgement button on them on Friday 13th Oct (yay!) but it was deemed served to them on the 16th Sep (a day after they acknowledged) so I have to give them 28 days from then, making it Sat 14th Oct. I'll be pressing that button with mucho satisfaction if they keep their silence up.
Crash
DAY 1: 12/09 - S A R to British Gas
DAY 45: 27/10 - Data Non-Compliance sent off
DAY 67: 18/11 - N1 Deemed served
DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06 24 Days: E2Save Settled in full £70 59 Days: Barclaycard claim Settled in full £134.39 162 Days: Halifax Settled in full £1543.80 179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs 254 Days: Barclays 2 Settled in full £1450.91
Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Received notification of Barclaycard's defence today. Their Particulars of Claim state that my claim only shows a summary of the details and that I've not elaborated enough, blah blah, standard rollox, we deny that charges are unlawful, blah blah.
DAY 1: 12/09 - S A R to British Gas
DAY 45: 27/10 - Data Non-Compliance sent off
DAY 67: 18/11 - N1 Deemed served
DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06 24 Days: E2Save Settled in full £70 59 Days: Barclaycard claim Settled in full £134.39 162 Days: Halifax Settled in full £1543.80 179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs 254 Days: Barclays 2 Settled in full £1450.91
Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.
More delaying tactics then - looks like this is their standard defence now doesnt it?
Did you estimate some of your charges? I thought the 'summary' argument was only to do with estimates. Presumably you've sent them your schedule of charges so how can they say you've not elaborated enough.
How much simpler can it get than
THESE ARE THE CHARGES AND interest YOU TOOK FROM ME.
THIS IS THE EXTRA INTEREST BECAUSE IT WAS SO LONG AGO.
THIS IS THE COURT FEE YOU'VE MADE ME PAY.
why do they bother playing for time - so annoying isnt it!
Morris v Halifax
Data Protection Act letter sent 20/6
Charge deducted from account 27/6
6 yrs statements received 25/8
Prelim sent 30/8 (£1014 charges + £156.11 interest).
Std reply & complaints leaflet received 5/9
Offer received £70 9/9
LBA sent 12/9
No reply to LBA - MCOL requested 26/9
Offer received 26/9 - £218.
MCOL issued 26/9, acknowledged 29/9
Offer 29/9 - full amount ex. o/draft interest
Accepted as partial
Credited to account 12/10
AQ sent for rest Morris1 v Barclaycard
Prelim letter sent 31/8 (£60 charges + interest).
Standard reply 9/9
Offer 12/9 - full amount!! Morris 2 v Barclaycard (Mrsbass!):
Data Protection Act letter sent 7/9
Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.
Prelim 20/9 £100+interest actual, +same estimated.
LBA 3/10
Partial offer £48 6/10
Crash V Barclaycard ** SETTLED IN FULL **
on this occasion and directly send them a PAR. I make it £60 in charges but am totally confused on interest
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Originally Posted by crashbandicoot
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