silentcharisma vs Barclay card

**silentcharisma** · 14th September 2006 13:06

Hi, I'm thinking of trying for my charges back off barclaycard but reading some threads its not looking like anyone is getting their money back from them is this the case and can anyone send me details of who i send s.a.r to please?
Kind regards Tanya

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**paulpb123** · 14th September 2006 13:23

Hi Tanya,
The SAR icon

goes to this address:

Barclays icon

Data Protection,
Radbroke Hall,
Knutsford,
Cheshire,
WA16 9AE

Of course, they will send you statements back to May 2004 along with the absurd microfiche argument. I've sent a prelim based on an estimate, ie 6 x 1 years' worth of charges.
Paul

**silentcharisma** · 23rd September 2006 10:07

Have recieved statements, usual speal about fische, that I can pay £3.00 per statement on there etc... have worked out from the statments I have recieved they owe me £360 in late charges and over limit fees so sending off letter this morning!

**silentcharisma** · 30th September 2006 08:51

Well I can't believe it sent my letter requesting back my charges on the 23rd of sept... a week ago and have recieved a part refund of £152.00 onto my account yesterday!!!! Although they have reduced my credit limit by £30.00 and they sent me a letter saying they were going to reduce it by £70!!!! "due to the way I have been conducting my account" !!!!!!! Has that happened to anyone else. Not received any other letters about anything let alone about the fact that I have been refunded anything, do I need to do anything?

**AndyE** · 30th September 2006 23:25

My cheque and letter came separately a couple of days apart. It might be worth writing back to them thanking them for the cheque that you're accepting as part-payment only and telling them you'll be continuing with the claim for the full amount.

**silentcharisma** · 1st October 2006 09:32

Hi, have not recieved a cheque.... they have refunded charges back on to my credit card.

**silentcharisma** · 3rd October 2006 17:45

Got letter from barclaycard claiming they have done nothing wrong that the money they have paid - £152 is a goodwill gesture icon

and thats all I'm getting. Do I send a letter to someone saying I accept the money as a part payment and I will be persuing the rest through money claim..... the lba icon

is due to be sent on sat. Or do I send the lba including a letter stating I accept it as part payment? has anyone managed to get all of their money from barclayclard?

**Michael Browne** · 3rd October 2006 18:00

Amend the 1st paragraph of the lba icon

along the lines of:

Thank you for your letter dated xx/xx/xx and your offer of settlement of £XXX. I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

**silentcharisma** · 4th October 2006 17:25

hi Michael thanks for that will get it typed and ready to send on sat. Thankyou

**silentcharisma** · 13th October 2006 16:30

Hi, can anyone help me. I will be filing moneyclaim a week sat and was wanting to know before I do, if I include the money they have already paid me or if I minus it from the total. Please could someone help. They have paid me £152 so far but still owe me £228.

**silentcharisma** · 27th October 2006 15:03

Have filed money claim on sat, acknowledged yesterday letter saying they going to defend yest so fingers crossed.

**silentcharisma** · 25th November 2006 09:43

please please please can someone help me, have recieved allocation questionaire this morning and am a little stuck on filling it out don't mean to sound dumb or anything but what do I put where it asks "how many witnesses do you intend to call to give evidence at the hearing" do I put 0? Also "do I want permission to use an experts report at the hearing"? Also what do I put in the box that says "in the space below, set out any other information you consider will help the judge to manage or clarify the claim, including any other information you consider should be supplied by the other party." Please please can someone help me

**Michael Browne** · 25th November 2006 11:02

See here for aq icon

guide:
http://www.consumeractiongroup.co.uk...ompletion.html

You could request Standard Disclosure in section G:

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.
However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.
Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

**silentcharisma** · 30th November 2006 13:06

Sent off allocation questionaire to the court on the 25th, now just waiting to hear from the courts.

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