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Thought I would let you know what is happenning with my partners Barclaycard claim since I had success with Abbey.
Sent DPA request, they have issued the microfiche arguement. We replied there have been 14 charges over the last 17 months, so we will estimate there have been .8235 charges a statement & took them to court on an estimate.
Since had a letter offering the charges less the OFT reccomendations, and they admitted that there has been 27 charges over the last 6 years, but no date of the charges, so am unable to calculate the interest. I have sent a letter to them now advising I accept this as a partial payment.
In the meantime their litigation department has acknowledged the claim, and have until the end of this month to submit a defence.
Re: Barclaycard taken to court on Estimated Charges
Hi Craig,
I think this is the only way to go with B/card because of the microfiche argument. I've done an estimate based on 1 year of charges x 6. I'm about 2 weeks behind you so watching with interest (hopefully at 8% when it comes to filing my claim!). Good luck.
MBNA: Paid
Co-Op: Paid
Lloyds Tsb:Data Protection Act sent 14th June Still waiting. Started again
Abbey National: Paid
Barclaycard:Prelim £1920 14th Sept MCOL 17/10/06 £2346 Court date 13th March Offered £600 and rejected. Then offered £1,600 rejected. Paid in full £2,705.02.
Capital One: Paid
Cahoot: Paid
Accord Mortgages: Prelim £9,750 LBA 6/10/06
MCOL 21/10/06 £10, 520.65 Withdrawn and waiting for better times
Mother in law Nat West: Paid
Wife's Nat West MCOL issued 26/03/07
Rise, like lions after slumber
In unvanquishable number!
Shake your chains to earth like dew
Which in sleep had fallen on you:
Ye are many - they are few!
Re: Barclaycard taken to court on Estimated Charges
Remember that if they sent you the correct info, and you need to alter your claim form, it will cost £35, but I would then get them to pay that as well when they settle, as it is their fault your claim was inaccurate in the 1st place.
Apologies to people who I was in the process of helping, I may be gone some time.
Re: Barclaycard taken to court on Estimated Charges
Barcaycard pulled the same microfiche stunt with me so I calculated average charges and sent my refund claim letter incorporating a schedule of estimated charges. They very quickly wrote to me giving a very basic Breakdown and amount of charges since June 2001 when they say that their charging policy 'begun'.
This was quite an interesting turnaround,as to this point they had prevaricated and stalled on the provision of 2000-2004 statements (2004-2006 statements were provided under DPA request).
I think that along with other Credit Card companies they fully realise the legal position and that they delay from the outset to retain funds as long as possible and create difficulty to deter and dissuade lawful claimants.
Stand by your guns, don't falter and good luck everyone. In the end we will succeed.. Sorry to get so righteous, but bank charges have bugged me for years...
Re: Barclaycard taken to court on Estimated Charges
One thing im not sure about with barclay card is that they make a statement something like 'we didnt introduce charges until 2001' in their correspondence.
What i cannot ascertain os if this means there were no penalties for going over the credit limit or refusing payments at all, or whether their statement actually means that they only introduced a specific type of charge after 2001?
It doesnt affect my claim against them but i am curious non the less.
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
Re: Barclaycard taken to court on Estimated Charges
I took it to mean no charges at all before that date - I had no account then so I've no experience of them at that time - but I find that highly unlikely of any bank / credit card!
Coincidentally we had a letter from Morgan Stanley today saying they are reducing their late payment charges to £12 (wonder where they got that figure from!). Another deliberate misinterpretation of the OFT report?
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
Re: Barclaycard taken to court on Estimated Charges
No peter
they add interest until they reach an agreement with you over the resolution of the debt, either a payment plan or similar.
At least thats what happened in my case.
Regards
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
Re: Barclaycard taken to court on Estimated Charges
Craig
thats interesting I was in a dmp with Payplan and they managed to get all my creditors to stop adding charges and interest as far as i know.
i have settled now but im sure thats what they did.
Peter, i think the contract can be terminated i dont think it has to be, at least in theory, however, i am intrigued by this idea that they can default you and still charge whatever they like?
Id be interested to see what others come up with.
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
Re: Barclaycard taken to court on Estimated Charges
Yes i've had the microfiche treatment as well - i have sent an official complaint to the Information Comissioner, and i shall be submitting an estimated claim prliminary letter very soon. On the other Bcard account, absolutely no data sent at all - so i have already filed a N1 at county court! Will also send another complaint to the Information Commissioner - TAKE THAT.
Re: Barclaycard taken to court on Estimated Charges
Peter
Im far from having much knowledge at all about the CCA, but what you say about the action sounds right to me, it does seem strange that they can default you and cancel the contract then still apply the contractual rate.
I should really stop making anything other than general comments really, because most of my attention has been limitation act orientated cost of charges stuff like that since all of my accounts are closed or at least the ones were chasing.
I would be interested to see if any of those who have read up on the CCA have comments to make.
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
Re: Barclaycard taken to court on Estimated Charges
OK.
Barclaycard have submitted their defence, and there are a few things that I would like clarifying - if anyone is there!
2.The particulars of the claim are summary and do not provide details of the precisecharges allegfed to be unlawful, or the date thereof. Accordingly this defence is summary in nature and the defendant reserves the right to amend this statement of Case in due course. It is averred that the Claimant has failed to identify and state any cause of action against the defendant to establish any legal liability for the sum claimed
Big words, big words... I sent a Breakdown of the charges spreadsheet, with the estimated charges on, with my N1. Does this mean that they have not received it, or are stating because I have not given them the actual charges they are unaware any charges have been applied. Obviously in the allocation Q I will advise that I feel that they are "bending" the facts of the DPA 1998 to refuse giving me the information.
Eveything else is the standard legal charges blah blah blah
Abbey - owed £3260 - Paid up.
Barclays owed £2500 - Paid up.
Halifax, Mint & Egg - next on the hit list
Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!
Re: Barclaycard taken to court on Estimated Charges
Craig
I'll be interested to know what others say on your points and also please keep us informed of how you're getting on.
By the way with the this whole microfiche argument I have to say it's almost impossible to understand. Computing power and hard drive space as we all know is dirt cheap these days so can we really be expected to believe that a microfiche is still used rather than some sort of auto-archiving system?
Secondly, and more importantly. These financial firms make mega money from data mining, ie trying to figure out from past data who is good, bad or indifferent, who should get what interest rate or special offer etc. ALL information is therefore useful information if used correctly. In effect you cannot have enough data, sure your data mining software and boffins might find some of it useless but they can always choose not to use certain parts.
So are Barclaycard trying to kid us that the data they have from pre 2004 is useless to them?
Re: Barclaycard taken to court on Estimated Charges
Think you're bang on Craig - they are trying to turn the tables on us and basically say 'how can you claim from us when you don't know what you are claiming'.
I'll be submitting an estimated claim soon too. On your claim, did you separate out actual and estimate charges? or is there not really a way of doing that?
To my mind - but I'm not a legal person - the facts are that they owe you your charges back. I am sure a judge will not let them hide behind such a deliberate tactic of 'you can't claim them back because we won't tell you what they were'.
Good luck and keep us posted - did they reply to your claim before the defence was filed? Any letters to you - offers?
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
The Courts have bundled the Barclaycard claim & the barclays bank account claim together. Barclays have been ordered to provide us with statements going back to 2001 by today (waiting for the postie!!!!). The Court have allocated a day of the hearing - 7th December... This should be fun!
Abbey - owed £3260 - Paid up.
Barclays owed £2500 - Paid up.
Halifax, Mint & Egg - next on the hit list
Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!
Re: Barclaycard taken to court on Estimated Charges
Right,
No statements received from Barclaycard....
However, reading through other posts it mentions the bundle! On the letter I got from the court it did not state that I had to submit any documents to prove my case, so I have not sent any...
What should I do?
As the judge has not requested anything do I just turn up with the 3 copies of my case at the court, and complain that Barclays have not sent me what the judge required, or something else???
Abbey - owed £3260 - Paid up.
Barclays owed £2500 - Paid up.
Halifax, Mint & Egg - next on the hit list
Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!
Re: Barclaycard taken to court on Estimated Charges
I've been offered a partial refund by Barclaycard, based on the OFT amount of £12 being charged but as I don't have any statements, I'm finding it difficult to calculate what exactly I've been charged. Does anyone know if Barclaycard charged £20 or £25 prior to the recommendations?
Barclaycard taken to court on Estimated Charges
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Re: Barclaycard taken to court on Estimated Charges
