My OH had an BC acct which went into default through ill health and the family business collapsed.

I had set up nominal payments for other creditors and genuinely believed I had done the same with BC. However, their solicitors Turnbull Rutherford soon put me wise that I hadn't. After many, many phone calls, emails and letters including I&E they took my OH to court for part of the debt (I had pushed them because of their threatening behaviour) and although they didn't turn up, the dj found in their favour because I agreed we owed something, albeit, we disagreed with the total amount. They have been receiving nominal amounts since but now I have found CAG

We do have other c/c's going through various stages and have received a reply from one of those who have refused our claim because the charges which have been applied are older than 6 years, they have closed our claim but that is going to court.

My question is this;

Can anyone provide me with the law which states something about time limitations etc, I don't want them to reply with the same drool about last six years as our claim goes beyond that.

I'd like to let BC know that I have done some research and hope they make an offer even if only a gesture of goodwill. I don't want to go the FOS route I would much prefer the court route but because we have others on the go, I would like BC to provide the funds (as there's is the smaller of all the claims) to continue our other claims.

There are no PPI fees involved and I do have the original agreement going back to 2001. Couldn't believe my luck when I found the folder with all the statements in as well.

Hope this makes sense. Any comments would be appreciated.

Shelley

Hi Shelley

You are claiming under s32(1)© Limitations Act 1980

Payments made under a mistake.

It blows their 6 year nonsense out of the water

ims

Thank you for coming to my rescue ims.

I'm rubbish when it comes to putting letter together, am I being cheeky if I ask how to word the sentence I would use that legislation in?

Your help is appreciated.

Shelley

Hi shelley

I don't mind cheeky !!

Something along the lines of

"It may be that you feel a claim for charges going back further than six years is invalid because of your company policy or some mis-interpretation of regulations. Either way I would draw your attention to s32 (1)© Limitations Act 1980 under which this claim is being made so far as it concerns time limits"

ims

ims, that's brilliant. Thank you so very much.

I'm no good at scanning docs in here but I will get that in the post this week and let you know how I get on.

Based on recent media reports, I am hoping they will cave in pretty easily for a small claim but time will tell.

Regards

Shelley

Hi Shelley,

As IMS21 has said, you will rely on s.32(1)c of the Limitation Act 1980. The case law to back this is Kleinwort Benson -v- Lincoln City Council.

However, you don't need to mention this at all at this stage.

Use this spreadsheet if you want to claim compound interest in restitution - http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls Enter all the penalty charges using the data from your old statements.

Send the spreadsheet to BC with this Prelim Claim letter - http://www.consumeractiongroup.co.uk/forum/content.php?605-Credit-Store-Card-Letter-Template

See cases where BC have paid compound interest claims here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes You should find good examples here, with answers to most questions you're likely to have.

Hi Shelley,

 

As IMS21 has said, you will rely on s.32(1)c of the Limitation Act 1980. The case law to back this is Kleinwort Benson -v- Lincoln City Council.

 

However, you don't need to mention this at all at this stage.

 

Use this spreadsheet if you want to claim compound interest in restitution - http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls Enter all the penalty charges using the data from your old statements.

 

Send the spreadsheet to BC with this Prelim Claim letter - http://www.consumeractiongroup.co.uk/forum/content.php?605-Credit-Store-Card-Letter-Template

 

See cases where BC have paid compound interest claims here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes You should find good examples here, with answers to most questions you're likely to have.

 

Hi Slick,

Thank you for your detailed response.However, I have used the aforementioned template together with SOC to 'other' c/c's and they have responded that as no charges had been applied within the last six years there is no claim to answer and have closed my claim.

I just thought that if I included the s32 legislation that BC 'might' realise that they were dealing with someone who had done a little research into putting their claim together and may cave in sooner rather than later! I appreciate I am probably dreaming slighty but it's only a small claim and I was hoping that if they pay this one out it would fund the court fees for my other c/c claims.

With recent media reports that Barclays and a few others have set aside finds to pay these claims now, albeit, that's more probable for PPI claims I respect that, but it's worth a try at least.

I've not had to SAR them because miracurously, I have found the file with all statements and would you believe the original cca. How lucky is that? The account is 10 years old.

Which reminds me, I must de-clutter soon hehe

Will keep you posted.

Regards

Shelley

Hi Shelley,

If you've already send a Prelim Claim letter and they've refused to refund, send the same letter with an updated spready. Mark it LETTER BEFORE ACTION this time.

If they fail to respond positively within 14 days, file a claim on form N1.

Put in the LBA that you will rely upon s.32 (1)c, Limitation Act 1980 with regard to charges being more than 6 years old, based on the case of Kleinwort Benson -v- Lincoln City Council.

Hi Shelley,

 

If you've already send a Prelim Claim letter and they've refused to refund, send the same letter with an updated spready. Mark it LETTER BEFORE ACTION this time. They have closed my complaint and referred me to Fos saying I have six months from the date of their letter to exercise my right to complain via Fos.

 

If they fail to respond positively within 14 days, file a claim on form N1.

 

Put in the LBA that you will rely upon s.32 (1)c, Limitation Act 1980 with regard to charges being more than 6 years old, based on the case of Kleinwort Benson -v- Lincoln City Council. Where can I find info on this case?

Regards

Shelley

Hi Shelley,

When did you last send BC a Prelim Claim letter or a LBA.

If they've "closed your complaint", which is entirely their prerogative, then you take them to court. You'll find they are ready to open it again when they see you're taking court action.

Google search the case and you'll find the full ruling and summaries of it.

Hi Shelley,

 

When did you last send BC a Prelim Claim letter or a LBA. Apologies, I may have confused the situation. I have several claims going on atthe moment and I am using the experience of one to prepare me better for the next. I have written prelim letter to 'Citi' and they have closed my claim stating it is outside the six years limitation so I was trying to re-word the same prelim letter to BC so they don't attempt to throw out my claim at the first hurdle. As the BC claim is the lower return of my claims I am hoping they will cave in in order to fund the fees involved taking the others to court, if that makes sense.

 

If they've "closed your complaint", which is entirely their prerogative, then you take them to court. You'll find they are ready to open it again when they see you're taking court action. I have today visited my local court to collect paperwork etc to submit my claims for 'Citi' and Co

Google search the case and you'll find the full ruling and summaries of it. I had a peek early hours this morning but I intend to print off the case and read in more detail.

Just as well I have a little time on my hands

Hi shelley

I think you'll find the Kleinwort case an interesting read.

It is the case law that is used time and time again to combat the banks' assertions that going back beyond 6 years is a no no.

ims

Hi Shelley,

To avoid confusing different cases, only refer to the BC case on this thread.

BC are unlikely to "cave in " because you mention the Limitation Act in your claim letter. If you claim compound interest, or if you claim charges beyond 6 years, BC will refuse to refund (or, to put it another way, close their case). They may offer to refund charges within the last 6 years but not with compound interest.

Just send BC the Prelim Claim letter, amended to reflect my comments in post #8 above.

Hi Shelley,

 

To avoid confusing different cases, only refer to the BC case on this thread.

 

BC are unlikely to "cave in " because you mention the Limitation Act in your claim letter. If you claim compound interest, or if you claim charges beyond 6 years, BC will refuse to refund (or, to put it another way, close their case). They may offer to refund charges within the last 6 years but not with compound interest.

 

Just send BC the Prelim Claim letter, amended to reflect my comments in post #8 above.

 

Now I am confused!

Is Compound interest the same as Contractual? Interest rate as per statements?

So, are you suggesting I send prelim letter without quoting the Kleinwort case and if that doesn't do any good then send lba including the quote for Kleinwort case. Will it rock the boat if I was to use the Kleinwort case in the prelim letter?

ims, I will have to make time to study the Kleinwort case with a nice bailey's over ice.

Now I am confused!

Is Compound interest the same as Contractual? Interest rate as per statements?

Yes, the interest is compounded at the contractual rate per the statements

 

So, are you suggesting I send prelim letter without quoting the Kleinwort case and if that doesn't do any good then send lba including the quote for Kleinwort case. Will it rock the boat if I was to use the Kleinwort case in the prelim letter?

I think slick is suggesting not to mention s32 at the prelim stage. I know what you are trying to do and that is shorten the time this takes...at the end of the day it is up to you. I don't think you would prejudice your case if you did mention it. I will bow to slicks greater experience on this.

 

ims, I will have to make time to study the Kleinwort case with a nice bailey's over ice.

He he.....I read it 'cos I wanted to be up to speed. All it does as far as we are concerned is set out the court's reasoning behind the decision to allow a claim going back more than six years under this section of the Limitations Act, and of course coming from the High Court it set a precedent.

ims

Hi Shelley,

Compound Interest; Contractual Interest; Compound Contractual Interest; Interest in Restitution - basically,they are all names for the same thing.

My simple advice is to write to BC with a standard Prelim Letter, amended slightly to refer to Kleinwort Benson as stated above.

If they fail to reply or to refund with 14 days, send the same letter but this time with the heading LETTER BEFORE ACTION.

You don't need to read the Kleinwort Benson case at this stage. That's a little further down the line.

Read the **WON** BC cases in the last link I gave in post #6 above. You'll find everything there. Take your time to read some of the threads from start to finish. This will help you enormously.

[quote=slick132;3447435

Use this spreadsheet if you want to claim compound interest in restitution - http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls Enter all the penalty charges using the data from your old statements.

Hi, this spreadsheet states interest rate at 29.9% - why is it this amount ? I don't know why, but I thought interest was added at 8% ? I'm confused :!: Could anybody explain please ?

Regards, Sharon

Hi, this spreadsheet states interest rate at 29.9% - why is it this amount ? I don't know why, but I thought interest was added at 8% ? I'm confused :!: Could anybody explain please ?

 

Regards, Sharon

Hi Sharon

On credit cards you claim back the charges and/or ppi plus the interest that they charged you. So if you had a card that had an interest rate of, say 23%, you claim the charge plus compound interest at 23% pa.

Hope this helps

ims

Thanks ims for your reply - it's clear to me now !

Hi Shalzak,

Hope this doesn't confuse matters for you but I should clarify...............

The spreadsheet uses 29.9% because you are claiming interest in restitution, as opposed to the actual interest that BC charged.

This is explained in the Interest Tutorial linked in my signature below.

If you want to claim at 29.9%, you can do so. If you prefer to use an approximate average of the rate used by BC over the period of your claim, that's fine too.

Hi Shalzak,

 

Hope this doesn't confuse matters for you but I should clarify...............

 

The spreadsheet uses 29.9% because you are claiming interest in restitution, as opposed to the actual interest that BC charged.

 

This is explained in the Interest Tutorial linked in my signature below.

 

If you want to claim at 29.9%, you can do so. If you prefer to use an approximate average of the rate used by BC over the period of your claim, that's fine too.

 

Hi slick

Just as a matter of interest (and without wishing to clog this thread too much) how is the 29.9 arrived at. Is there a basis for it anywhere i.e. a commercial rate.

Could you say you want 32% or 34.5% for example. Just wondered why 29.9?

Thanks in advance

ims

I believe it represents a reasonable guess at the rate one should claim at, not only to get back the interest you were charged, but to also take account of the fact that the bank used your money in the course of it's business and would have made profits from it.

Accordingly, to achieve an equitable balance, the parties should be restored to the position they were in before the bank took the money it was not entitled to.

This is where Restitution comes into the picture.

Hello Slick,

Hi Shelley,

 

Compound Interest; Contractual Interest; Compound Contractual Interest; Interest in Restitution - basically,they are all names for the same thing. Is this claimed at the rate shown on original statements?

 

My simple advice is to write to BC with a standard Prelim Letter, amended slightly to refer to Kleinwort Benson as stated above. Drafted and ready to post

 

If they fail to reply or to refund with 14 days, send the same letter but this time with the heading LETTER BEFORE ACTION. Drafted and diaried

 

You don't need to read the Kleinwort Benson case at this stage. That's a little further down the line.

 

Read the **WON** BC cases in the last link I gave in post #6 above. You'll find everything there. Take your time to read some of the threads from start to finish. This will help you enormously. I have been doing this with BC and other c/c's. Contains valuable information. I am spending a huge part of my life on here since finding CAG.

 

ims/slick, thank you both for your guidance. Sincerely appreciated.

Shelley

Is this the most recent address to send prelim to?

Barclaycard

Customer Relations Department,

1234 Pavilion Drive,

Northampton,

NN4 7SG

Hi Shelley,

Address your letter to Barclays PLC t/a Barclaycard at the address here - http://www.consumeractiongroup.co.uk/forum/showthread.php?173450-Use-the-right-name-when-Filing-against-BC&p=1871443&viewfull=1#post1871443

If you take court action, you will sue Barclays PLC t/a Barclaycard.

Compound interest; Contractual Interest; Compound Contractual Interest; Interest in restitution - basically,they are all names for the same thing. Is this claimed at the rate shown on original statements?