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Hi I have recently begun the process against Barclaycard, they own me £447 in total (partly estimated due to lack of information). I have received a letter back from them saying that the OFT have now declared £12 to be a fair charge so they are refunding me the difference between £12 and the charges I received which totals £141 (actually they are incorrect - it totals £153, but that's by the by!). So what do I do next? Do I continue as normal and send lba? Any ideas?
carry on to the lba, unless Barclaycard have sent your proof that it costs them £12, they cant charge you even that amount (and the OFT only said an amount over £12 is where they would get involved, not that it is fair!)
<<<<<<If this helps, please click the scales and tell me!
omnia praesumuntur legitime facta donec probetur in contrarium
Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional
Would it be a good idea to mention this in the lba? I need to accept the partial settlement (they have already credited my account) and let them know that I intend to continue with my claim for full amount of £447. Any ideas how I can word this incorporating the information about the OFT???:-?
I note that you have failed to respond in a satifactory manner to my letter of the <<DATE HERE>>.
Whilst I will gladly except your offer of <<AMOUNT HERE>> as partial payment, I shall proceed as previously advised if I do not receive the full amount requested.
Please also note that I object strongly to your misquote of the OFT, in that the OFT merely stated above £12 was the level in which they would get involved, not that £12 was a fair amount.
I now understand that the regime of 'fees' which you have been applying to my account in relation to late payments, exceeded limit and so forth are unlawful at Common Law, Statute and recent Consumer regulations.
As you have failed to provide me with any proof that the charges are a true indication of the costs you have incurred in the administration of my account, I require repayment in full of this money.
If you have not replied with full payment of this amount within 14 days I shall proceed to make a court claim without further communication, this claim will include interest and court costs.
.............
Hope this helps!
BTW - Have you requested contractual interest on your claim?
omnia praesumuntur legitime facta donec probetur in contrarium
Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional
Hi Thanks for this... Sounds good. Their initial 14 days are up on Monday so will use this then.
I have read quite a few threads on contractual interest and have found it difficult to get my head around. Not sure how to find out the contractual rate etc. Would it be too late to claim as I have already sent my prelim? Can you direct me to a thread that will explain things clearly?
Going for contractual interest cannot 'screw your chances'
The whole thing is based on 'mutual reciprocation' - basically meaning if they can charge you that rate then it should follow that whenn they have unlawfully taken money from you, you should be entitled to do the same!
The worst the court will do is knock you back to 8% section 69 interest, they will NOT throw out your whole claim
Have already sent my prelim with some estimated charges as they did not fully comply with my SAR . Now Barclaycard have sent the rest of the information through, how do I amend my lba accordingly? Any ideas on how to word it?
Type the additional charges on a seperate spread sheet with a covering letter and send lba with both sets of shedules and ameneded figures
AL
------------------------- CAPITAL ONE * SETTLED*31st Oct 06 HBOS *SETTLED* 8th Oct 06 WOOLWICH *SETTLED*12thJan2007 Monument (Barclays) *SETTLED*10thMar2007
benn refunded the difference between £12 and their charges and gone onto the remainder of the fees? Just want to know what will be the likely outcome of my claim...
benn refunded the difference between £12 and their charges and gone onto the remainder of the fees? Just want to know what will be the likely outcome of my claim...
This is a standard tactic they use to try and fobb you off, just continue to reclaim the whole amount. They will settle in full.
I entered my claim on MCOL and it was aknowledged by Barclaycard on 07/03/07 I haven't heard anything since. Am I correct in thinking that if I do not hear anything by Wednesday (when the 28 days are up) that I can ask for a judgement for payment and that is the end of it??? (assuming they pay promptly)
iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted. Vanquis - Claim issued, no AoS or Defence received
Barclaycard and OFT £12 ruling
? Any ideas?
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Re: Barclaycard and OFT £12 ruling
. Now Barclaycard have sent the rest of the information through, how do I amend my 
Has anyone else...
Originally Posted by gracefull
