Hi,

I am about to start my claim journey against Barclaycard, I vaguely remember reading somewhere but can't find the thread that its possible to claim charges beyond the 6 years statutory limit due to the OFT investigation and subsequent reduction in charges to £12. ?

Thanks for your help!

I might be wrong but I don't think the OFT investigation mentioned claiming bank charges beyond 6 years, what they said is that £12 could be considered as a resonable charge, but even that isn't concrete, so it's arguable that it's reasonable. But yes it is possible to claim beyond 6 years, case law backs that up.

Ok, started my journey. Preliminary letter requesting refund of charges going back to 2005 has been sent.

Wonder how far Barclaycard will delay it, no doubt all the way to the halls of the county court.

Hi Tnook,

Do you have your older statements going back beyond 6 years. BC will not supply these to you easily, if at all.

If you do have the older statements, you can reclaim all penalty charges back to 1995, but you should do this from the outset. The OFT investigation and the £12 limit which was set has little to do with reclaiming your charges as they are unlawful penalties.

If you just reclaim the charges, BC will repay them quickly.

If you claim interest in restitution (compound int't at the bank's contractual rate), this could add considerably to the amount claimed but BC will not refund this voluntarily. You'll have to file a court claim, pay the court fees, file a court bundle (your evidence) and BC will usually repay just before a hearing date.

Afraid I don't have any statements prior to 2005.

But thats ok.

I'll focus on the last 6 years.

I was amazed at the difference adding compounded contractual interest made to the total claim.

Almost doubled the figure compared to charges and statutory interest.

I don't mind giving it a go,

already in court with Barclays (stayed) so I know the court route.

Just not sure if it goes to court will the judge throw out the claim if its based on contractual interest?

Hi tnook,

Have a read of this, Compound interest is payable in restitution - Times Online, there is case law to back up a claim

for Compound Interest.

Ok, will go for CCI.

Preliminary letter in the recorded delivery post bag tomorrow

Hi Tnook,

Afraid I don't have any statements prior to 2005.

The older the charge is, the greater the impact of claiming compound interest at the bank's contractual rate.

I would suggest you hold back on the Prelim Claim letter until you check for the older charges. The SAR £10 fee could be a very wise investment.

Decided to go after my charges from 1998-2004 when I had a Barclaycard. I no longer have the statements nor the account number will my address at the time suffice in a SAR?

BC will only supply you with statements for the last 6 years and nothing earlier.

Hi Tnook,

The only way to get statements for earlier is to try court action. They may just manage to find a few older statements for you but it's not guaranteed to work.

See here - http://www.consumeractiongroup.co.uk/forum/barclaycard/206050-webby-barclaycard.html

Have focussed initial claim going back to 2004.

Sent my preliminary letter asking for charges and interest on charges to be refunded a few weeks ago. Got their standard "It will take us four score and 16 years to process your complaint letter".

Have sent my LBA today.

SUCCESS!!!!! :)

Letter from Barclaycard refunding all charges and interest at their contractual rate for the last 6 years.

Well done tnook!

Have they sent you a cheque, or did they insist on applying the refund to your account?

Well done tnook.

Well done tnook!

 

Have they sent you a cheque, or did they insist on applying the refund to your account?

Went as a credit towards my current balance.

Next step to claim charges beyond 6 years. SAR going out tomorrow.

Hi Tnook and Big Congrats on your win.

So they repaid charges plus the contractual interest which you calculated on your spreadsheet ? Please confirm.

I assume they were willing to refund without you filing a court claim because they applied it as a credit to your account balance.

Good luck with the older charges. I've already warned you about the problems you'll encounter but see how it goes and let us know.

If you can manage a donation to the site, it'd be great as funds are woefully short now.

Yes it was a credit against my current balance. They refunded me slightly less because they calculated based on the contractual rates at the time of each charge. The contractual rate has varied over the years.

Will definately make a donation asap this site has been invaluable.

Sending off SAR for pre 6 year charges. It's for two cards I had with them but no longer have the account numbers. No doubt they will use this against me. I provided address details for the accounts.

Noted

Thread title changed to reflect your **WIN**