Thread: Cookie v Barclaycard

Hi, sent of my DPA on 30th March and still have not heard anything back or had my cheque clear. Was sent recorded delivery! Am now wondering what my next step should be in chasing up my statements! What would you advise?

Any help would be extremely grateful!!! Thanks!


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They have 40 days to supply the info that is not up yet, if they do not reply within the 40 days there is a letter for non compliance in the A-Z that you can send.

Well finally received my statements this morning and Barclaycard have charged me a total of £284.00 whilst I was a student. It doesn't seem that much, but these charges put me under plenty of pressure whilst I was at Uni!! I'm going to try and get them back!!

Please could someone let me know where to send my initial letter to request these back!

Thanks

http://www.consumeractiongroup.co.uk...tructions.html
Paul,
this is the step by step guide as stated. If you have already read this then fair enough. If you click onto the Barclay thread, at the top it will give you all the adresses. Good Luck.

Hi, I recently sent my prelim letter to Barclaycard asking for repayment of £284 and received a letter in the post this morning stating that they disagreed with my legal analysis and the legal argument that supports my view however......

they said "putting the above to one side, as a goodwill and without admission of liability, i am prepared to credit your account with the difference between the charges that you have incurred and the £12 fee. PLease be advised that from 1st August 2006, Barclaycard reduced its fee to £12 following the publication of the statement by the OFT. This would amount to £104. The credit will be reflected on your next statement."

I'm not satisfied with this!!! I would rather £284 like I requested!! Surely another £180 is not that much more to request!!??

Please could you let me know what I should write in my lba. Do I accept it as partial payment and then seek the other £180 (if i do will they withdraw their £104 offer anyway so I'll have to reclaim the £284 again??) or do i decline their offer and again seek £284. Are there any alternative templates to the standard LBA which I have. Any help would be gratefully received!! Thanks!! Paul.

http://www.consumeractiongroup.co.uk...ng-offers.html
Hi Paul,
Here are the rejection letters, they may put the money they have offered on your account. If they do you can either accept as part settlement or ask them to remove it, hope this helps Enaid.

Thanks enaid

I have sort of adapted one of the letters for my situation. Would this be ok please???


Thank you for your letter dated 24/05/07.
I respectfully decline your offer of £104.00 as Full and final settlement and request, once again, that you please return to me all charges imposed on this account, totalling £284.00.

As I have not received a satisfactory response, 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. Should this action be required by myself I would intend to claim the full amount claimed together with interest up to the date of judgement and court fees through the proceedings.

If you do not accept my conditions, or you do not respond within 14 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.

I don't think you have left anything out, i understood it anyway
good luck with your claim and hope it all goes ok. Enaid

What should the interest be on my spreadsheet for Barclaycard?? Is it still 8% like my HSBC claim???

oh how cool i,m watching this thraed with big open eyes too jesus my eyes will be like flying saucers when this all ends lol.....

sorry good luck paul

Received this letter today. Has anyone else had this please???

"I note that you are dissatisfied with our offer to refund £104.00, however, our position remains that we believe it is fair when customers break the terms of their agreement with us, we recover the costs. Therefore, Iam not prepared to consider your request for any further refund.

You have suggested in your letter that the charges levied by Barclaycard are penalty clauses and thus unenforcable. Although you have outlined case law which you say supports your view and raised the operation of the Unfair Terms in Consumer Contracts Regulations 1999, we do not believe that the charges levied under the contract that you have with Barclaycard equate to penalty clauses. We equally do not agree that the charges levied under the contract between us is unenforcable or that our terms are unfair."

"As previously advised, when your Barclaycard account was opened, you signed and agreed to our terms and conditions and this included the details of our charges. The information provided at the application stage clearly explains our obligations to our customers, as well as their obligations to us. If we make any changes to our terms and conditions we provide details of these to our customers."

"I appreciate that this may not be the outcome you expected, however, I trust the information I have provided has clarified Barclaycard's position."


Is this the end of the road for me or do I goto MCOL please. Is it worth it? Will I lose????
PS. Any ideas as to the percentage interest i put on the CAG spreadsheet please. Is it 8%???? or something higher, do i need to ring through and find out?? Thanks. Cookie.

it is still 8% cookie and that is a standard letter, it's up to you wether you go to MCOL or not, i would but I am not you. Enaid x

Thanks eniad, glad its a standard response, think i will go through MCOL. I did with shbc and they offered £387.00. Just waiting for that cash. What address should I use for Barclaycard on MCOL please?

Also, what its Barclaycards normal approach to these court proceedings as I'm only claiming £280.00 or so?? Thanks!!

the churchill place address, I think they are one of the toughest, but I won't give up. I have 1 with barclaycard and 1 with monument, that is Barclays. They are both at court stage, awaiting instructions from local court. I haven't seen any one losing with these yet, so fingers crossed. We all must be prepared for court though, come what may, Good luck Enaid.

Hi Paul

I have just been reading your thread and I have in fact rec'd the same letter today! Very similar situation to you and I'm going to go down the N1 route, it's worth the fight even if it is only for £200!!

Will be watching how you get on. Best of luck,

Kiff

Please help!!!!

Have already started claim. Refunded £104.00 so far of £284.00 - basically the difference of £8 per £20 charge. Had standard letter this week.

Now - this morning I received some more statements that are dated prior to the ones Barclaycard sent me for my SAR. I didn't know they existed and anyway Barclaycard are about 2 months late in sending them too!!

I have charges totalling £180.00!!! Can't believe it!! Am I entitled to claim these too!! And if so how???

That would make my claim £464 without interest!! I am stressed!! I have not gone to MCOL yet so could I write another lba including these new charges??

You sure can, send them an lba with a new spreadsheet listing all charges, then hit em with mcol if they dont refund, good luck

Yes you can include these up to going to court stage which i presume you haven't done yet?
Do a new spread sheet with the 8% interst and file at mcol.
Then send your amended claim amounts to barclaycard, just add amount amended because of further statements being sent to you.
This is if your 14 days is up after your lba. If not send aletter giving them a further 7 days to pay up and then go to MCOL Enaid

14 days is now up from my original MCOL.

So can i just check what i need to do.

Amend spreadsheet and send a letter to Barclaycard informing them of my intentions to claim and inform them of the amended total due to their delay in sending statements. Then file MCOL staright away. Is this ok??