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Hi all, Barclaycard have actully paid thier offer of half into my account and have quoted in their letter
'I am prepared to credit your account with the difference between the charges that you have incurred and the £12.00 fee recommended by the OFT'
What do you think of my response? I have doctored the template to suit my situation, any suggestions please?
I thank you for your letter of 06th September 2006 responding to my request of a refund of charges amounting to £432.00 and willingly accept your offer of £216.00 on the above account.
I look forward to the receipt of the above amount in part settlement, but please be aware that I will be pursuing the balance of £216.00 in court, if necessary. The OFT have not actually recommended a fee of £12.00, instead they have stated that they will consider legal action against organisations charging over and above that fee.
I will give you a further 7 days to reflect and consider your position. If I do not receive a positive response within that time then court action will follow without further notice.
I'm not sure I would give them the additional 7 days but if you do they can not accuse you of being unreasonable. I would remove the "actually" and the "instead" in the OFT passage. It gives the letter a more definite feel.
They're small points, the choice is yours.
Go for it.
You state that the OFT recommended a fee of £12.00.
This is incorrect, I suggest that you study the report in more detail,
Below is an extract from an OFT Press Release reference number 68/06 dated 5th April 2006: "Where credit card default charges are set at more than £12, the OFT will presume that they are unfair, and is likely to challenge the charge unless there are limited, exceptional business factors in play. A default charge is not fair simply because it is below £12."
The press release also goes on to say: “A default charge should only be used to recover certain limited administrative costs.” Perhaps you will study the press release and maybe take advice from your legal department. The press release is available online at http://www.oft.gov.uk/News/Press+releases/2006/68-06.htm
I have come to the conclusion that the only purpose to writing such etters is to make yourself feel better. I have written several!
The reason for posting is to suggest you dont get too worried if they dont take any notice, if they decide not to pay the rest it wont be because of what you do or dont write now.
JMHO
GLenn
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA