Barclaycard - Charges on Charges and credit limit increases

[greg0818]

Good afternoon,

 

In a nut shell.

Opened a BC CC in Mar 2003.

Missed a few payments which meant that i incurred Over Credit limit charges.

Over the course of the next 14 years, it escalated.

 

Despite missing payments and over credit limit charges, BC doubled my credit limit on 3 occasions, June 2009, March 2011 and March 2014.

Leading to more financial trouble for myself which was impossible to get away from at the time.

 

Finally got back on track in 2018 and managed to clear the balance, but still incurring interest and some charges.

 

Prior to each limit increase, my record with them was nothing short of abysmal, missed payments, over credit limit, when i did pay i was rarely over the miniumum payment.

38 missed payments and 48 over credit limit from 2009.

 

My question is, do i have a claim against BC for irresponsible lending?

 

Regards

G

[dx100uk]

poss not your credit file and other borrowing and defaults would dictate that.

 

however , you appear to have a good cause for a penalty charges reclaim

and a good chance at winning at court too.

[greg0818]

Thank you for your reply Dx.

 

How far back could a penalty charge redress go back to?

 

I have completed a CI sheet with all Late and over limit charges back to 2003...?

[dx100uk]

use 24.9%

yes people like shelley and martin2006 went back that far.

[greg0818]

Thanks. Sorry to be a pain, but I am pretty much new to court action, so may need my hand holding on this.

 

So CI figures come out at

 

Total Charges, £1180

CI, £10767.16

 

these figures are based on actual statements for the length of the account.

Edited January 9, 2019 by greg0818

[dx100uk]

well without seeing data how would we know?

[greg0818]

What do you need to see Dx...?

[dx100uk]

example statement and cisheet

you can upload .xls directly via mange attachments after removing pers info.

statement as PDF

 

read upload

[slick132]

Hi Greg and welcome to CAG

 

You should reclaim as far back as you have data for.

 

However, BC may not repay now like they have historically. They may defend and use recent Case Law (some would say wrongly) to their advantage.

 

Research is the key word for now. The claim should be under £10K to stay on small claims track so using the right interest rate may help with that.

 

See the **WON** threads here for starters - https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

Most of what you need is there but you may need to adjust your tactics to take account of more recent cases, including failures.

 

[greg0818]

Morning Dx, Slick

 

Thanks for your message slick, i will contnue reading through them.

 

In the meantine, CI sheet and example statement attached.

I have statements from the first day the account was opened.

 

Thanks

Example Statement.pdf

CISheet v101.xls

[dx100uk]

looks all good to me

is the account still live and they charged int all the way through till you settled?

[greg0818]

Yep, 2nd to last statement attached, the last statement shows the final payment and the balance at zero.

 

So what are the next steps....?

End of account.pdf

[greg0818]

Morning guys

 

I am just putting together the pre lim letter.

Slick, you mentioned to keep the claim below £10k.

 

If i remove the first 3 charges, it makes the figures. Charges = £1116 and CI = £8758.54. Total £9874.54.

 

Would this be ok?

[slick132]

What interest rate are you using on the Compound Int't spreadsheet ?

 

[dx100uk]

24.9

[greg0818]

Yep

24.9%

[BankFodder]

If I could just come in here to suggest that if you could find another way to keeping the claim to less than £10,000, it might give you more leeway, be less risky in terms of court fees and allow you to "feel the temperature of the water".

 

Firstly, the amount that you seem to be claiming is almost at the small claims limit. You certainly won't be able to add 8% interest on it because that will take you beyond the limit.

 

I'm not sure whether it is possible in your case – you will have to look at it and discuss it with the others who are helping you here. However, if you have able to consider breaking down your claim into multiple claims – each one addressing a particular chronology then your claim might be in much smaller manageable chunks. Of course, it would mean multiple claims but on the other hand it might be much more comfortable for you and also less interesting for the bank to start pulling out the big guns in order to beat you down.

 

I haven't read this thread very carefully but it seems to me that broadly there were three occasions when they raised your limit. I think that you are saying that each time they were acting irresponsibly and they should not of done so.

 

I'm wondering whether you could address each one of these specific periods in a separate claim so that you might bring a claim for, say, £2000 in respect of one particular period. Then assuming that you are successful in that one, bring another claim for another section of your chronology.

 

I don't know if this is a practical possibility in your case. I'm just suggesting another way of looking at what you are trying to do. The advantage of course would be that there would be lower court fees for each claim – although I suppose the total of three court fees would add up to more than the one large one – but at least it would be in smaller chunks. Also if you lost on one, then your exposure would be less. Also there would be a learning curve from which you would benefit for the future claims. Of course a disadvantage would be that the whole procedure could go on for 18 months or so. You need to weigh up the benefits and disbenefits.

 

As I have said, I'm not at all familiar with what you are doing and what your position is so maybe what I'm suggesting is completely impracticable.

[slick132]

What would the total claim be if you used 19.9% on the Comp Int spready.

 

Also, I see you had PPI on the a/c from the sample statement you posted above. Have you looked at reclaiming this as well ?

 

And I've moved your thread into the BC forum.

 

Edited January 12, 2019 by slick132

[greg0818]

That could work BankFodder.

Not sure if i would be able to do two claims though, could BC put a settlement clause in, saying that no further claims are available after the first one?

Slick may have experience of this....

 

 

At 19.9% Slick

Charges = £1180

CI = £6029.34

Total = £7209.34

[greg0818]

PPI Slick.

 

Yep, But i have only managed to get the additional commission under the Plevin ruling.

[greg0818]

All charges prior to 2009

Charges: £400

CI: £9235.53

Total: £9635.53

 

All charges after 2009 inclusive

Charges: £780

CI: £1553.49

Total: £2333.49

Edited January 12, 2019 by greg0818

[greg0818]

Just a thought, will i need a CCA to back up any claim...?

[dx100uk]

no

[slick132]

Hi Greg,

 

Not essential but, for the cost of £1, why not send one anyway.

 

From the example threads, you should have already seen that a SAR with the £10 fee is sensible.

 

Make any CCA request separate to the SAR though.

 

We're working behind the scenes about interest and the claim total and will keep you posted.

 

[greg0818]

Thanks Slick, DX.

 

I will send a CCA request off today.

 

I have my prelim drafted, so as soon as you guide me towards a suitable figure/split of claims, i am good to go.

 

Just looking at my HSBC account also, so will get CCA and SAR sent for those and set up a new thread in due course.

 

 

Much appreciate your guidance on this.

 

Thanks

G