Thread: Too Strong v Barclaycard

Just received a letter today from Barclaycard stating that they are willing to refund all charges of £145 but not any of the interest. Which isn't bad I suppose for my first letter. The problem is that they say that they are not willing to get rid of the Default as it has nothing to do with the charges as they only put them on your file when "the relationship between Barclaycard and the customer has broken down, such as when a minimum payment or payment persuant to an arrangment to pay is missed".

My questions are

Has anyone else had the same reply?

Has anyone had a default removed by Barclaycard?

Thanks

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Hi Too
Welcome
I believe provided you can show that the application of the penalties caused you to default then yes you can ask for the default to be removed.
Could you possibly post your cirumstances on here and more people will be able to help.

AL

Originally Posted by e28bigalbexley

Hi Too
Welcome
I believe provided you can show that the application of the penalties caused you to default then yes you can ask for the default to be removed.
Could you possibly post your cirumstances on here and more people will be able to help.

AL

Hi, I have looked at my experian file which states that there was an agreement in place at the time which I couldn't keep up to. So an agreement was definitely broken.

At the time my credit limit was £500, when the default was put on my account it was over £700.

All of the money over the limit was made up of charges.

Almost forgot, Barclaycard have also failed to respond to my CCA request, which deadline ran out over a month ago

Ok then write back and say you accept there offer of the refund but also want the removal of the default, which was the result of the penalties applied to the account, and your claim, you feel, will only be satisfied in full when your interest is paid and default removed. If they are not prepared to do this then you will continue your legal action.
Re CCA, did you allow them 12 working days (default)then a further month(criminal offense) if you did i would write to TS and OFT (both have complaint procedures.
You could now stop paying Barclaycard as they cannot enforce the agreement, this must be a decision that can only be made by yourself.

AL

Originally Posted by e28bigalbexley

Ok then write back and say you accept there offer of the refund but also want the removal of the default, which was the result of the penalties applied to the account, and your claim, you feel, will only be satisfied in full when your interest is paid and default removed. If they are not prepared to do this then you will continue your legal action.
Re CCA, did you allow them 12 working days (default)then a further month(criminal offense) if you did i would write to TS and OFT (both have complaint procedures.
You could now stop paying Barclaycard as they cannot enforce the agreement, this must be a decision that can only be made by yourself.

AL

The account is an old one which is closed. The CCA is well overdue by at least a month, so I will make a complaint.

I will send them a lba tomorrow stating what I want.

It is amazing me how far these companies will go to not to get rid of a default even when clearly they are in the wrong.