Wils V barclaycard

**blackd2103** · 5th October 2006 17:24

S.A.R sent 28th Sept awaiting their response!

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**blackd2103** · 6th October 2006 12:24

Received statements dating back to May 2004 this morning along with the standard microfiche letter. Charges back to May 04 add up to £552. I'll send off a letter today asking for payment and estimate the rest as I only joined Barclaycard in 2003. Plus I will report them to the Ombudsman icon

**blackd2103** · 12th October 2006 09:41

Preliminary request for repayment sent yesterday by recorded delivery. £576 + £288 in estimated charges. With hindsight I should have mentioned I would report them to the information commisioner for not complying with my S.A.R. Do you would it would confuse matters if i sent them another letter about this?

**blackd2103** · 14th October 2006 17:11

Letter received from Katrina Downs Customer Relations Manager aiming to deal with my complaint by 7th November.

**blackd2103** · 19th October 2006 08:49

No reply to my letter (although I left before post arrived this morning). However, I checked my account yesterday and it has been credited with £300. I will of course be writing to Barclaycard to accept this as a partial refund and still pursue them for the rest.

**noomill060** · 19th October 2006 12:02

Well done! Keep up the pressure on them. Following your thread with interest icon

. I alos recieved the May 2004 microfiche letter- and statements only back to April 2005!

I'll give them till the 40 days is up and then hit them with a report to Information Commissioner. Also sending request under the CCA.

**blackd2103** · 20th October 2006 08:27

Thanks nom, there was a letter from Carol Jones (Customer Relationship Manager) for me when I got in from work. More or less the same that everyone else has receieved charges are fair and transparent etc. Crediting my account with the difference between the charges incurred and the £12 recommended by the OFT

. It was actually £288 my account has been credited with. Rejection of settlement letter will be sent out today!

**livelylad** · 20th October 2006 08:31

Originally Posted by blackd2103

Thanks nom, there was a letter from Carol Jones (Customer Relationship Manager) for me when I got in from work. More or less the same that everyone else has receieved charges are fair and transparent etc. Crediting my account with the difference between the charges incurred and the £12 recommended by the OFT

. It was actually £288 my account has been credited with. Rejection of settlement letter will be sent out today!

Hi Capital One icon

did the same to me, Just a standard go away little man

Glad to se you are going to go for the rest

**blackd2103** · 20th October 2006 09:48

This is the rejection letter I am sending, I have amended it slighly

Carol Jones
Barclaycard,
PO Box 599,
Manchester,
M60 3NF

20 Oct 2006

Response to offer

Re: Barclaycard Visa:

Dear Carol Jones

I thank you for your letter dated 16 October 2006

I respectfully decline your offer and request, once again, that you return to me all charges imposed on this account, totalling £864

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a county court icon

claim if necessary.

My letter sent previously indicated the timescale as to when I would expect to receive a positive response. You are reminded that there will be no extension to this timescale.

I trust this clarifies my position.

Yours sincerely

**blackd2103** · 28th October 2006 13:33

L.B.A sent yesterday

**blackd2103** · 8th November 2006 17:35

Received a letter stating my request for further refund would not be considered. Mcol will be filed this friday!!!! I've already started preparing this how it looks so far

1. The Claimant has an account xxxxx with the Defendant,opened 2003.Since 10/05/04 the Defendant debited charges and interest icon

in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy icon

such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £586; (b) Interest per S.69 County Courts Act 1984 of 8% - £79.50 10/11/06 continuing at 8% until judgment or settlement at a daily rate of £0.15; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

I have now included the Subject access request icon

fee in the claim, might have made mistake not sure if i should have included this in the original claim. First date of charges is listed as 2004 because of microfiche issue with Barclaycard

**blackd2103** · 10th November 2006 10:00

Filing the claim later on today, before I do so please can somone advise if my particulars of claim is ok?

**blackd2103** · 15th November 2006 12:12

Notified by court yesterday that claim was posted on 13th November and will deem to be have been served on 18th November

**blackd2103** · 29th November 2006 15:18

Claim acknowledged by Barclaycard today

bong · 29th November 2006 15:27

Now's the time to send them your schedule of charges. Send it to the person who's representing them on the acknowledgement, marked with your claim number and Barclaycard account number.

**blackd2103** · 29th November 2006 16:14

thanks bong, should i send them the court bundle as well?

bong · 29th November 2006 16:17

not at this stage. the court will tell you when to do so - not until after they have submitted a defence and you have done your allocation questionnaire icon

.

**blackd2103** · 29th November 2006 16:24

thanks bong, it will be intersting to see how this pans out seeing as i estimated some of the charges due to their silly microfiche ruling!

**blackd2103** · 1st December 2006 09:38

Received a letter from Barclaycard yesterday after a "review" of my account they are reducing my credit limit by £60 and withdrawing the cash facility. Im sure it can't have anything to do with my claim against them, lol

**noomill060** · 3rd December 2006 00:03

Read this, the Information Commissioner have told Barclaycrud they are in breach of DPA and to comply with SARs and are encouraging those microfished to persue Barclaycrud for damages.

I wonder if we should include this action in with our action to reclaim charges etc?

http://www.consumeractiongroup.co.uk...hey-wrong.html

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