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Hi guys, i was hoping somebody could offer me some advice...
I sent my 'Request for Repayment of Charges' to Barclaycard on 18/04/07 to which they replied with the following on 20/04/07:
Thank you for your recent letter, your details have been passed to me in order that I may respond in my capacity as Customer Relationship Manager.
I am sorry you feel the charges you have incurred are unfair. We believe that our charges are both fair and transparent, and we make them very clear in our terms and conditions, and on the reverse of every monthly statement.
In your correspondence you have outlined a legal argument which you say supports your view. As i am sure you will appreciate Barclaycard is aware of all the information you have drawn to our attention. I must inform you howerve, that we disagree with your legal annalysis.
Putting the above to one side, as a goodwill and without any 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 £136.00. The credit will be reflected on your next statement. however, if your account is already closed, it will be necessary for you to contact us to confirm your bank sort code and account number, this will enable us to proceed a refund to you.
May I take this opportunity to remind you that the best way to avoid similar charges in the future is to remain within your credit limit and ensure that your monthly payment reaches us with the requested timeframe.
Should you have any further questions regarding this matter please do not hesitate to contact me. If my reply does not meet with your expectations you may ultimately be eligable to refer to the Financial Ombudsman Service. Further details of this service are available on request. If I have not heard from you within 8 weeks from the date of this letter, I will close my complaint file in accordance with our usual practice.
Your Sincerely
Tim Young
Barclaycard Customer Services
I assumed this was the bank just trying to fob me off with a part settlement so I sent the standard 'Response To Settlement Letter'
Dear Mr Young
ACCOUNT NUMBER: XXXXXXXXXXXXXXXX
Thank you for your letter dated: 20 April 2007
I respectfully decline your offer of settlement and request, one final time, that you return to me all charges imposed on this account.
In order to avoid Litigation against you, I am prepared to temporarily accept the sum of £136 offered as partial settlement on the clear understanding that the remainder is paid within the next 10 days.
If you do not accept my conditions for acceptance, or you do not respond within 10 days, the money transferred to my account should not be viewed as my acceptance and I hereby authorise you to remove this sum accordingly.
I trust this clarifies my position.
Yours faithfully
Now was this a mistake? Are the bank even trying to settle or are they trying to explain something else? Should I just send the lba now? I'm confussed. Somebody please tell me I didn't do the wrong thing.
I think you did the right thing. It will show to the court that you are reasonable in that you are accepting some of barclaycards offers of appeasement.
Note that I got exactly the same letter, except of course a different figure mentioned, but signed by a different person.
I wrote a similar letter to yours to the person who had signed the letter i received and to the address supplied with that letter, but receieved a standard letter back from a different address and a different person saying they would not pay back anymore.
Be prepared for that. I suggest if you have any doubts to go to your citizens advice bureau to air any doubts etc. They may even double check your figures.
You will have to be prepared to go to court with this.
I agree with Aronski and do not think that you have done anything wrong but would say that you should not need to involve the Citizens Advice Bureau in this issue-all of the detail that you will need is contained on this site.
Best thing to do is to read the threads in the Barclaycard section and then send the lba.
They will probably not respond to the LBA-in which case you will then have to start the court action.
Definitely using this site should be all you need, I only suggested the CAB as some people might like to speak to someone face to face about their process or get reassurance from somewhere else.
Not everyone is suited to using computers or forums or may have difficulties calculating sums.
Also chances are CAB would be aware of similar cases in your local courts.
But if you follow steps outlined in this site, using the materials and resources here supplied, you should have no cause for concern.