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Sent Prelim letter 12/10 claiming £296 in charges plus £154.03 compounded contractual interest.
Received letter from Barclaycard on 19/10 saying my complaint would be passed on for investigation blah blah blah, should hear from them by 13/11.
Just checked balance of my account online & have had £104 credited as 'Late Payment Charge Refund' on 19/10. This is a refund for the difference between £20 & £12 charges.
Didn't want to have the money paid into account, would have prefered cheque & will only be accepting as partial payment. Can anyone suggest the best way of asking them to send me a cheque at the same time as saying I'm only accepting it as partial payment? I get the feeling they might say no if I they know I'm going to take action...
Getting ready to send lba. Can I send it now as they've already acted, or should I wait for the end of the 14 days?
This is tarting to be a standard response for all CC. Write to them stating that you consider the payment to be apartial refund. I would also do a CCA request enclosing a £1.
I realise that this is not the avenue that you originally went down. But at the moment they are merely 'complying' with the OFTs recommendations. Hold fire with the lba, if they cannot provide you with a copy of the agreement (signed by both parties!). They won't have a leg to stand on when it goes to court, if it does.
Without meaning to cool your energies, the Unfair terms and conditions that form the basis of the 'standard' method of claiming charges back has been beaten by CitiFinancila using legal evidence in court. Its only a matter of time before the other CC do the same.
Use the CCA 1974 regulations to underscore your arguments not legal arguments around unfair terms.
Hi,
How would using the CCA help in court? Sorry, don't mean to be a dunce, but I thought they all stated their charges in the CCAs anyway, so by signing it, wouldn't they argue I've agreed to the charges?
Just checked balance of my account online & have had £104 credited as 'Late Payment Charge Refund' on 19/10. This is a refund for the difference between £20 & £12 charges.
Didn't want to have the money paid into account, would have prefered cheque & will only be accepting as partial payment. Can anyone suggest the best way of asking them to send me a cheque at the same time as saying I'm only accepting it as partial payment? I get the feeling they might say no if I they know I'm going to take action...
Getting ready to send lba. Can I send it now as they've already acted, or should I wait for the end of the 14 days?[/quote]
Hi The crediting of the cash difference into you account is a trick that Capital One tried on me. I told them to remove it and they wouldnt, I also said i would persue the balance and Int they settled in full when i issued MCOL. As for asking for a cheque you cam ask but if you haev an outstanding balance they are more than likely to credit the account rather than issue a chq. Another way to be spiteful. Yes send the LBA ASAP.
I realise that this is not the avenue that you originally went down. But at the moment they are merely 'complying' with the OFTs recommendations. Hold fire with the lba, if they cannot provide you with a copy of the agreement (signed by both parties!). They won't have a leg to stand on when it goes to court, if it does.
Ref the above quote
They are not mearly complying they are in fact trying to sqirm their way out of paying. The charge is above what it would reasonably cost to "administer the action" (late payment etc) therefore it is illegal and unenforcable. We are not questioning the banks right to recover their cost of late payments etc just the amount they charge.
Just written letter of acceptance of partial refund (see below). Was thinking of sending with LBA. Good idea? Also adjusted LBA to take into account partial refund. Stated original total of money claimedthen added was subtracting the amount already credited to my to give new total. Also, just wondering if I can use the money they've credited to my account or should I hold onto it in case it goes pear shaped?
Barclays Bank plc
Head Office Customer Relations
1 Churchill Place
London
E14 5HP
23rd October 2006
Re: Repayment of XXX Late Payment Charge Refund
Dear Ms Woodcock,
ACCOUNT NUMBER: XXXXXXXXXXXX
I am writing to notify you that I accept the refund of XXXX to my account as a partial refund of the amount I am claiming from you. However, I will continue to pursue the balance plus the interest charges as stated in my letter dated 6th October 2006.
a jacuzzi with Bananarama. I have not lived in Bolton since 1986
Posts
6,823
Re: Acerfan vs Barclaycard
"Without meaning to cool your energies, the Unfair terms and conditions that form the basis of the 'standard' method of claiming charges back has been beaten by CitiFinancila using legal evidence in court. Its only a matter of time before the other CC do the same."
a jacuzzi with Bananarama. I have not lived in Bolton since 1986
Posts
6,823
Re: Acerfan vs Barclaycard
"Without meaning to cool your energies, the Unfair terms and conditions that form the basis of the 'standard' method of claiming charges back has been beaten by CitiFinancila using legal evidence in court. Its only a matter of time before the other CC do the same."
a jacuzzi with Bananarama. I have not lived in Bolton since 1986
Posts
6,823
Re: Acerfan vs Barclaycard
"Without meaning to cool your energies, the Unfair terms and conditions that form the basis of the 'standard' method of claiming charges back has been beaten by CitiFinancila using legal evidence in court. Its only a matter of time before the other CC do the same."
Just realised I sent wrong lba & included part about ss7 & 13 of Data Protection Act. I have no reason to claim under this. Should I resend correct LBA & start timetable for their response again?
Acerfan vs Barclaycard
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