hi this is my first post .

I have successfully claim back ppi on an old Barclaycard in May 2015 when I was going through these old statements, I found I had been charged late fees which go beyond the 6 year rule.

After doing some research on here I found out about the s32 limitation act 1980. I sent a letter quoting this part of the act and how I felt it applied to me. Barclaycard did reply but didn't acknowledge this act and said the £12 charges reflect their cost and if I want to continue this complaint I should go to financial ombudsman service. However all the charges I have where over £12 but beyond the 6 year cut off.

Has anyone successfully claimed late charges beyond 6 years?

Any tips on my second letter and how do to calculate compound interest. or has there been any successful court cases that won that I can use in my next letter to them before I go to the small claims court? As going to the small claims court scares me any help will be much appreciated.

Thank you janie

I cannot possible comment however please have a read.

the outcome may be "hazy" but the guide is good

http://www.consumeractiongroup.co.uk/forum/showthread.php?423713-Barclaycard-Link

Basically use this thread to draft a new prelim cliam letter

then follow up with a LBA

Then you will have to issue a small claims action.

There are interest calculators available on this site to allow you to work out the INTEREST IN RESTITUTION and being Barclays between 24.9% and 29.99% Compounded API is a good bet.

What would the the total claim be (round to nearest £100) vs the outstanding balance?

Hi JG and welcome to CAG

Read the threads linked by SabreSheep above.

Just to be clear, you can reclaim the FULL amount of each penalty charge, whether it was £12 or a higher amount. CAGgers have also successfully claimed compound restitutionary interest on top which can make a huge difference on older charges.

Historically, BC have repaid the amount claimed to avoid a final court hearing but that doesn't mean you'll automatically succeed. You need to do the research work to understand the process.

Basically use this thread to draft a new prelim cliam letter

 

then follow up with a LBA

 

Then you will have to issue a small claims action.

 

There are interest calculators available on this site to allow you to work out the INTEREST IN RESTITUTION and being Barclays between 24.9% and 29.99% Compounded API is a good bet.

 

What would the the total claim be (round to nearest £100) vs the outstanding balance?

Links not appearing on my screen. Am I missing something here please?

Please ignore, just seen the link on the seperate post. Doh!

Sorry!

Hi

Thank you for your advice, I am going to send a LBA to Barclaycard. I only have a couple more questions.

How have people argued in the past with using s32 limitation act 1980 (mistake in paying late fees). As I have seen this in other threads being brought up by the credit card companies

How can I justify compound interest, as it make my claim 2k :0) again I’ve seen this in another thread brought up by the credit card people.

And how have people put a case together for court to claim charges over 6 years.

Thanks in advance j

Hi JG,

The answers to your Q's are in *WON* threads here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

You need to read as many *WON* threads as you can, so you understand the method of reclaiming and the arguments you use about Limitations Act 1980, restitutionary interest, etc.

Make notes as you read and you'll soon pick up the essentials.

Historically, Barclays Litigation have settled court claims including older charges and compound restitutionary interest before a final court hearing. Winners have had to hold their nerve towards the end of negotiations.

We'll be happy to help with problems if and when they arrive.

Also please use this thread to draft your LBA.

Few things you need to understand.

Interest in RESTITUTION

As identified, the Statute of limitations Act - Payment made under a mistake (in law or in fact)

Unfair Trading and Consumer Contracts

OFT statement on Credit Card fees

Also as the bank will try and use it. Understand the Abbey vs others 2009 ( i think) where the OFT lost on Current Accoutn charges