Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



+ Reply to Thread
Results 1 to 10 of 10
  1. #1
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    katiealvey Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2006
    Posts
    23

    Default bizarre settlement offer?!

    I sent my S.A.R. to Barclaycard some time ago, and received the usual response i.e. ... microfiche ... yawn yawn yawn!

    I decided that, at the moment I would just request they repaid the charges from the period May 2004 to September 2006, which amounted to a measly £60 (but worth it all the same!) - reason being that I was going through another claim with Barclaysicon at the time, and I do not want to get myself too confused with who I am sending letters too and not, etc. (Knowing me I would send the wrong letter to the wrong bank!)

    So, I sent off my prelim letter asking for £60 in full, with a copy of my schedule of charges etc. They sent no response within the 14 days, so I sent off the lbaicon.

    Have just received this response!!!???

    'As a goodwill gestureicon ... I am prepared to credit your account with the difference between the charges that you have incurred and the £12 fee recommended by the OFT. This would amount to £60.'

    So - they have offered me a gesture which is worth the same as my full amount request, yet they have apparently deducted the £12 fees!?!?!

    What on earth are they playing at? Have they made a mistake? Or do they know something I don't?!

    Has this happened to anyone before? Anyone got any ideas as to what my next step should be? All advice would be much appreciated.



    Similar Threads:

  2. #2
    Battleaxe
    Guest

    Default Re: bizarre settlement offer?!

    I would reply saying 'thank you but I require full reimbursement of chages and what they have offered is accepted as partial settlement of the original claim, refer them back to lbaicon and remind them that the clock is ticking and you will lodging your claim, don't forget to set your timelines.

    Hope this helps


  3. #3
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    katiealvey Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2006
    Posts
    23

    Default Re: bizarre settlement offer?!

    Ok, but the problem is I don't understand their mathematics.

    I thought the full amount was £60 and that was the full reimbursement I requested. That was the total I calculated from my statements. They have offered me that £60 - but they are saying that £60 is the amount they have calculated after deductions.They are offering me my original total, but as a 'goodwill gestureicon'!?!?!

    I am still confused. Am I missing something here?
    If I ask for a full reimbursement now, I won't know what I am asking for, because I don't understand how they have come to their calculations.


  4. #4
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    neilbass Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2006
    Posts
    215

    Default Re: bizarre settlement offer?!

    I had similar to this in that they offered me my full amount (also £60!) after just the prelim letter. I couldn't believe it so soon in the process, but figured maybe they have a cut-off amount or something (maybe £100?) where they just give it all back?

    My letter didnt mention the £12 OFT figure, but this is now what they seem to be doing as standard - giving back the £8 per charge difference bwetween the £20 they charge and the 'OFT £12'.

    I think this sounds very much a case of :

    1. They have a standard letter set up on their system.
    2. They're meant to delete out the £12 bit if the charges reclaimed are low enough to refund the full amount.
    3. Maybe they're just crap!

    I wondered if mine was a mistake - but I said thank you very much and had the money in a few days.

    Would say do the same and feel pleased with yourself!!

    As long as you are happy there are no further charges due to you for the period in question - I assume you have your statements?

    Well done!!

    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

  5. #5
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    katiealvey Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2006
    Posts
    23

    Default Re: bizarre settlement offer?!

    That sounds like the best thing to do. £60 is definitely correct, so I will simply claim it back as I won't missing out on any money.

    With reference to Barclaycard themselves,
    I suspect that option c) is the correct one!!!

    Thanks for your help


  6. #6
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    gizmo111 Authoritative gizmo111 Authoritative gizmo111 Authoritative gizmo111 Authoritative gizmo111 Authoritative gizmo111 Authoritative gizmo111 Authoritative gizmo111 Authoritative gizmo111 Authoritative gizmo111 Authoritative gizmo111 Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    Posts
    9,921

    Default Re: bizarre settlement offer?!

    The £60 is probably the difference between what they charged and al lcharges on your acount pre 2004. They refunded me on this basis in response to my SARicon - wierd systems they have.


    Consumer Health Forums - where you can discuss any health or relationship matters.

  7. #7
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    neilbass Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2006
    Posts
    215

    Default Re: bizarre settlement offer?!

    Hmm - if Gizmo is correct you could be accepting less than you are due by taking the £60. On my account it was only opened in June 2004 so it wasn't an issue.

    I would be careful with my wording of the acceptance of the £60. Make sure you state that you accept it 'in respect of charges debited for the period May 2004 to date' ?

    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

  8. #8
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    katiealvey Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2006
    Posts
    23

    Default Re: bizarre settlement offer?!

    This possibility had crossed my mind.

    In which case I should accept the £60 in respect of the charges for that period as you suggest, and then:
    do I continue to push for my previous statements,
    or can i calculate how much they owe me, based on the fact that they have given £60 as partial offer? Sorry - my maths is very poor!

    It is all a bit too confusing!
    Barclaycard seem to be running rings round us!!!


  9. #9
    ian cognito
    Guest

    Default Re: bizarre settlement offer?!

    If you have previous statments you have not yet claimed or, it could well be that this amoount is correct once they've deducted the £12's, I'm a bit confused as to whether you do have charges further back? if you do I would accept this as partial settlement and carry on, if you don't I would just accept it!


  10. #10
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    katiealvey Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2006
    Posts
    23

    Default Re: bizarre settlement offer?!

    Sorry - I am also v confused!

    I cannot be sure that there are charges pre May 2004, but I would be very surprised if not, because I was useless with money during the period 2000 -2003.
    So I am expecting there to be further charges, but without the statements (microfiche problem) I don't know how much.

    I think I will accept, making clear the acceptance is for charges during that period May 2004 to Sep 2006 only, as suggested by neilbass. Then I will continue with the fight to get the rest of my Statements once they have settled this £60.



Browsealoud
Video Tour



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE