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Im about to file on MCOL for Barclaycard - basically gone through all the process and finally sent them an estimated request for £750. Not based on alot cause account was closed before 2004 so what they sent me in response to the DSAR wasnt worth the paper it was written on!! But felt that this would actually get them to do or send something but as of yet nothing.
What I am looking for is help on the wording for MCOL. I have the usual wording which I have used successfully but feel that becuase Im estimating and also their failure to complete the Dsar request that this should be fitted in somewhere perhaps?
Has anyone raised a claim for estimated charges against Barclaycard already who wouldnt mind helping me with this or is there a mod out there who could?
I have estimated a schedule of charges and I WILL be putting in the post tommorrow with my prelim letter.I based my estimation on very last charges that were applied (2 x £24) and multiplied that by 42,I then put an amount on for interest charged (£-- x 42) and totaled them up HEY PRESTO...............ulti mately I will let the judge decide if my estimation is correct or not. I reccieved 14 months of statements plus carp micro letter 8 days after sending SAR.I will look more closely at the other templates for a letter of complaint . I am a complete novice regarding these matters but Im not waiting for Barclaycard to eventually cough up my statements. My interpretation of the letter is that they think they have fullfilled there obligations under the 1998 act, so what will make them comply?
If you intend to go down this route, and I can see where you are coming from in doing so, I would advise against using moneyclaim.
You can be 100% certain that Barclaycard will defend the claim, and it will be transfered to your local CC. This will take time, and ultimately delay your claim. I can also see no way to fit the extra wording within the MCOL limit, and you could end up being ordered by the court to issue a revised, and more detailed POC.
At least with an N1 you can properly detail your claim, and include details of why your claim is estimated.
Originally Posted by Matheos95
Hi
Im about to file on MCOL for Barclaycard - basically gone through all the process and finally sent them an estimated request for £750. Not based on alot cause account was closed before 2004 so what they sent me in response to the DSAR wasnt worth the paper it was written on!! But felt that this would actually get them to do or send something but as of yet nothing.
What I am looking for is help on the wording for MCOL. I have the usual wording which I have used successfully but feel that becuase Im estimating and also their failure to complete the Dsar request that this should be fitted in somewhere perhaps?
Has anyone raised a claim for estimated charges against Barclaycard already who wouldnt mind helping me with this or is there a mod out there who could?
Thanks for your help guys
Alan, Derby, UK.
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_________________________ _______
Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.
DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.
Advice given is purely my opinion, and is not based on any legal training.
Just been reading through the threads again before I went any further - and noticed this piece about them only charging from mid 2001 - now my account was defaulted in July 2001 so could it be fair to say that there are no charges!! dont believe this for a second but before I issue just thought I would ask whether I actually would have anything to issue for (hard not being able to get the dam statements)
Just been reading through the threads again before I went any further - and noticed this piece about them only charging from mid 2001 - now my account was defaulted in July 2001 so could it be fair to say that there are no charges!! dont believe this for a second but before I issue just thought I would ask whether I actually would have anything to issue for (hard not being able to get the dam statements)
In which case I would advise pushing them to comply with the DSAR before you do anything.
Alan, Derby, UK.
PLEASE HELP US TO KEEP THIS SITE RUNNING
EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
Or you may wish to buy one of these great resources:
Click on the above link to place your order - payment by Paypal.
_________________________ _______
Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.
DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.
Advice given is purely my opinion, and is not based on any legal training.
MCOL and estimated claim help
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Originally Posted by Matheos95
