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This is my 14 day letter I want to send to barclaycard. I am persuing contractual interest on an estimation(Has this been done before?). Any coments would be appreciated.
BarclayCard
Barclaycard House
PO Box 5592
Northampton
NN4 1ZY
18 September 2006
Dear Sir/Madam
ACCOUNT NUMBER:
My request
I am writing to ask you to refund to me the charges which you have levied from my account over the last 5 years.
I now understand that the regime of fees which you have been applying to my account in relation to late payment and over limit charges and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full Breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.
Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.
Your responsibilities
I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.
I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise. I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them. Your concealment of the true nature of your charges has prevented me from asserting my right until now.
What I require
You have failed to comply with my request under the Data Protection Act 1984 and 1998, including the right of subject access under these acts, for the relevant information. Your own submission that the relevant data is now only held on Microfiche, in date order and is therefore excluded from the Data Protection act, has left me no alternative but to estimate that you have taken £xxx plus £xx which I have calculated is the interest payable to me at your rate( 27.9%) for cash advances, as these funds have been misappropriated. Total £xxx
Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.
My targets to resolve this matter
I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.
In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.
I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.
If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.
After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.
mnrbig v barclaycard
on an estimation(Has this been done before?). Any coments would be appreciated.
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