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mackerel vs barclaycard - unsure if i can begin claim
I'm not sure if i'm able to proceed with getting my charges back from barclaycard. Get a cup of tea whilst i explain my situation
I got a barclaycard a few years back with a £300 overdraft limit. I used that up pretty quick, and then never really paid back any monthly payments, maybe the odd sporadic sum of 50 -100 every now and then.
As you can imagine, i buried my head in the sand. My card was stopped, and where i didn't pay off any amount per month, the amount i owed rose to about £650. This was usually made up of £25 fee for not paying it for the month, and another £25 for 'late payment' (even though i hadn't paid anything).
Last year i decided to get a grip with this as it was spiralling out of control. I phoned them up, and agreed to begin a payment plan of £25 per month. Barclaycard "didn't recieve" the very first payment (as it takes them 4 days to receive the payment): i had missed it by 2 days, but didn't know this at the time. The following month i got my statement and it said nothing about any payment plan, so i phoned them up, and was told not to worry, i was on a payment plan, and to ignore my statements etc. This was the perfect oppurtunity for them to tell me that i wasn't on any repayment plan as i'd missed the first payment, but they didn't.
So i'm paying £25 a month for 7 months, then i open a statement 7 months after i've started the repayment plan, to find that i owed more than when i'd began: because the "payment plan wasn't initialised" (where i'd missed the first payment), i was paying under the minimum amount they requested per month. So i'd be paying £25 a month, then been charged £25 for late payment and another £25 for not paying the minimum amount off.
So i wrote them an angry letter, and after a bit of to-ing and fro-ing, they offered me £250 off the amount i owed - made up of the charges of the past 7 months.
phew.
So.... even though they've done this in the past, can i still make a claim to get my charges back off them? Do i continue on my repayment plan (continue paying back £25 a month) even though i'm essentially contesting the amount i owe them?
Re: mackerel vs barclaycard - unsure if i can begin claim
Hi, Not sure about whether or not you should continue your repayment plan because you are contesting the amount you owe them but you definatley can claim all the unlawful charges back. You won't be able to claim back the charges that they have credited already but all the charges that you haven't had refunded in the past can be claimed for. I'm sure someone will give you advice on the payment plan bit, I personally would pay them just to avoid all the nastiness of threatening letters but I am not sure whether you officially have to if the amount is in dispute so I hope someone else comes along and offers the answer very soon.
Keep us posted
Good Luck
Lisa x
NatWest: MCOL 16/08/2006 AQ's - copy received from Cobbets 07/10/06 offer received: 14/10/06 FULL AMOUNT RECEIVED TODAY (1st Nov)
Citicards: LBA sent 05/10/06
Baclaycard: MCOL 07/09/06 Defence filed on deadline
Claims settled in full are:
Sainsburys Bank
Mint (RBOS)
Style store card (RBOS)
Natwest Mastercard
Marbles (HFC)
HSBC
MBNA
Re: mackerel vs barclaycard - unsure if i can begin claim
Originally Posted by mackerel
ok, about to send off my S.A.R - (Subject access request), just wondering who i make the £10 cheque out too?
I made mine out to "Barclaycard" and wrote on the back of the cheque that it was for a SAR and my account number.
Have you found my post helpful? If so, please click on the scales at the top right of this post! Please read the FAQ's!
My Claims:
LLoyds TSB - Click! NOW SETTLED: £760.58 received 1/11/06
BarclayCard - Click!
Claiming £350. Partial refund of £120 received.
Moneyclaim deemed served on 30/9/2006. Darn it, defence filed 4 hours before deadline!
Capital One - Click!
Claiming £190. Partial refund of £72 received.
Sent LBA on 24th September. Cap one won't refund me.
Going for contractual interest on this one, after Lloyds and Barclaycard pay up!
mackerel vs barclaycard - unsure if i can begin claim
limit. I used that up pretty quick, and then never really paid back any monthly payments, maybe the odd sporadic sum of 50 -100 every now and then.
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Originally Posted by mackerel
