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Hi All.
After spending months reading all the success stories posted on this excellent site I sent of my SAR 2 weeks ago! I have received statements from May 04. They say that "as a gesture of good will" they will provide the earlier statements (stored on microfiche) later. Do I get on with adding up the charges and ask them for repayment (changing the amount when the other statements arrive) or do I just wait and do it all at once?
What do you think?
I was told I could start my claim now and then amend the amount claiming later, so this is what I have done. They said the rest of the statements may take 6 week but I don't think I will be waiting that long.
Enaid's approach is also perfectly valid. It's purely a matter of personal choice about the pre-court stages, however once you issue proceedings it's messy and costs you unrecoverable money to amend a claim (and potentially you might not be allowed to amend it).
With the OFT due to make some sort of suggestion as to how much banks can charge us, if i wait for Barclaycard to send the rest of my statements and they get the green light to charge £12, will I then be unable to claim the full £24?
If so I think I might have to send the prelim letter now and amend totals later on.....
From what I have read the OFT cannot make a ruling on what the banks charge only a judge can do that, hence no banks are going to court.
So I would carry on if I were you, and stick with it to reclaim the full amount although they will try to settle at your figure less the £12. This seems to be working too beit taking a little longer
With the OFT due to make some sort of suggestion as to how much banks can charge us, if i wait for Barclaycard to send the rest of my statements and they get the green light to charge £12, will I then be unable to claim the full £24?
If so I think I might have to send the prelim letter now and amend totals later on.....
The OFT has already made it's report on credit cards, that was last year and it has made no difference whatsoever to claims made after it was published.
The OFT report due shortly relates specifically to bank accounts rather than credit cards, and as has already been said does not set the law.
Obviously the decision to start or to wait is up to you, but I wouldn't factor the OFT report into that decision.
Hi All,
It's been 40 days since the I sent the original statement request. As I mentioned earlier, I have received 2 years worth and they have said the rest is on it's way...... Next step is the preliminary letter I think?
Since my last post I have found all my Barclaycard statements. Can't believe I hadn't thrown them all away!
Regarding "contractual interest". Is this something that most people are claiming?
Also, can anyone advise how to work it out and would I include it on the list of charges for the prelim letter?
I have had an offer from Barclays of less than half the amount.
I wonder how they work these things out?
I have a friend that claimed their charges back and it took them only 3 weeks!
Oh well... I will send the rejection letter today.
I sent this letter to Barclaycard on the 10th May:
10/05/2007
Barclaycard Ltd
Barcalycard House
PO Box 5592
Northampton
NN4 1ZY
Re: Account number XXXXXXXXXXXXXXXXXXXX Response to settlement offer.
Dear XXXXXXXX,
Thank you for your letter dated 18/04/2007.
I respectfully decline your offer as Full and final settlement and request, once again, that you return to me all charges imposed on this account, totalling £XXX
I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a county court claim if necessary.
My Request for Repayment letter dated 13/04/2007 indicates that you have until 27/04/2007 to respond before I proceed to the next stage of my request before begin the next phase of my claim. My deadline remains the same despite this offer.
If you do not accept my conditions, or you do not respond within 7 days, I wish to stress that I do not accept your offer and the money transfered to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly.
I trust this clarifies my position.
Yours faithfully
XXXXXXXXXXX
I have just received a letter from Barclaycard saying that they will not pay the full amount and that they are sorry that I do not feel that half that part payment is acceptable.
What do I do next?
Do I fill out the N1 form or do I send them another letter?
I can't quite work it out?
So you have not submitted your claim yet?
You have gone over the 7 days that you said you were giving them. It's your call, myself I would carry on but it has to be your decision. Did they remove the amount from your account when you asked them to?
I've been really busy at work and have let the dates run a bit.
My account with Barclaycard is closed and is being paid off monthly so I can't tell whether they have taken the amount off as they haven't sent me a statement.
Did you go claim through the MCOL or did you file an N1 form?
I went through MCOL, I have read that it is better to the N1 as you can get all you POC on the form unlike MCOL. Also if you are claiming Contractual interest it is better to do the N1. I have never dealt with a closed account before, so if you want to hang on and take some more advice it may be better for you. Enaid