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trancyb vs Barclaycard - probably **WON** with Compound Int't


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hey all, im returning having slain a few banks in the past under a different usernme. Refundmylife if i remember rightly.

 

Im now hitting the Barclaycard having left it far far too long. However i have a few questions already!

 

 

A) I did the SAR months ago, and got the 6 years followed by a ream of uninterpretable computer speak for the previous years. I have just noticed a letter to send for the additional info, what im wondering is do i need to SAR them again after leaving it a while?

 

B) This one concerns me a bit! I stopped paying it about 3 months ago and have just ignored it since (feels good though), can they launch action on me before i get a letter back to them re the court action? I havnt requested the CCA yet, would that slow them up?

 

C) Will i definatly get the older statements from Barclaycard or is that hit and miss at the moment?

 

D) Should i launch first for what i have the info on and then hit them for the older stuff when i have all the info back?

 

Not a bad start, but im sure there were more questions!!

 

Any help would be great

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Hi Trancy and welcome (back) to CAG

 

A) There's a failed SAR letter from the Library - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

Or, as the incomprehensible data refers to older years, you could go into a local branch and ask them to help you identify penalty charges and/or PPI with dates.

 

BC will say they're unable to provide any further info relating to data more than 6 years old, unless you take court action to get it. Then they magically find some older data for you but usually only for a few years at best.

 

B) Reclaiming charges is no reason to stop paying BC and, if you do so, you'll have them pursuing payment through their DCA's and putting adverse credit markers on your CRA files. Continue to pay them each month if you can, or they'll trash your credit ratings.

 

C) It's no certainty and, if you want older data from BC, you'll almost certainly have to take separate court action to get it.

 

D) Get all the info you require first and then reclaim in one go. Filing a court claim for only older charges will put you at a disadvantage due to the Limitation Act. If you can't get the older info and decide it's too much trouble to get it with court action, then you can proceed with the claim.

 

E) I recommend using the rate of 24.9% as it is perhaps easier to justify this when claiming interest in restitution, rather than 29.9%. If you look here at the **BC Won with Compound Interest** threads, you'll see BC have paid out at this rate when pushed hard enough - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

Also see this thread about users who have taken court action to obtain older data - http://www.consumeractiongroup.co.uk/forum/showthread.php?50148-Barclaycard-amp-Microfiche-they-are-wrong-OFFICIAL&p=3403246&viewfull=1#post3403246

 

Users Kate999, Shelley181146 and Webmaster are good examples.

 

:-)

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Nice one slick. Been reading all evening!

 

i was looking through Shelley's claim just now. Didnt she get through at 29.9%?

 

I have old statements back to 2004 from my previous tanglings with BC when i did the banks. But it was not persued at the time. Im going to try the letter you posted on Shelley's thread to try and squeez some older info from them.

 

 

Ah righty ho, maybe i may have to cough them up some money then. I have a 2.5k balance and so far i have 2.7k on the spreadsheet. Seems a shame to feed the beast! But yeah fair enough, best play ball.

 

 

Credit rating, HA HA HA HA now thats a joke. Do they have an upper limit? if they do, im probably right about that level! As a rating of financial health, its time to look for a pulse!!!

 

I could take it into a brach to break it down? Now that could be fun! Its an impressive document. I may just give that a go if they dont provide the statements.

 

They sent this thing/printout to me off their own backs (sort of) i got the sar info for 6 years then about a month later this mess, with a letter sayingsomething like, weve been told we have to, we dont want to, but here, have it. (although to be fair, they made sure it wasnt of any use!)

 

Much thanks Slick i will plug on for now as thats me covered for a week or 2 i think.

 

Cheers

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Hi Trancy,

 

It's your prerogative to use whatever rate you wish. However, if it goes to court (and that's a clear possibility even if it's not the norm) you would have to justify the rate at which you claim compound interest in restitution.

 

If this was an MBNA card with a rate of, say, 32.9% APR, then you could claim higher than this and justify it.

 

What was the approx average APR when the card was being hit by charges.

 

:wink:

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Im not exactly sure to be honest, its been on payment plans galore for about 6 years with interest varied all over the place. I have had months where ive paid them nothing then got in touch and just renegotiated payment plans. This one is an utter mess, think thats why it got left, then ignored, then turned into a bit of an annoyance!

 

 

Sounds to me like i will be changing it to 24.9 just in case! may be the straw that breaks the back!

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Using 24.9% sounds sensible to me as it's a tried and trusted method with BC.

 

:-D

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Just sent the letter to Barclaycard saying i know they have more and if i dont get them its off to court. Hope they just cough up, cant really be arsed to go for them too!!! Will though if they decide not to play ball. Fingers crossed!

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  • 1 month later...

Well they sent me an extra 2 years worth about 2 weks ago, never got round to coming back on and asking what next! BUT today i find they have sent me a copy of every statement back to January 2002 when the account was opened!

 

So they do have it, and they will part with it. (according to my survey of one!!)

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Hi Trancy,

 

Excellent news and get the info transposed onto a spreadsheet asap so you can start the reclaim process.

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Good result.As always....Barclays change tacs when there is a clear threat of legal action.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I tried the open office, for some reason i couldnt get on with it! Im sure it was me not getting it though. I can repair a mistake in excel, but not open office it seems. Judging by what they owe me, its an expense i can live with :-) Buy office, clear credit card and walk away with spare wedge it seems, works for me :-)

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  • 2 weeks later...

see shelleys BC thread in the barclaycard successes forum or the barclaycard forum.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ah ok, i found this one http://www.consumeractiongroup.co.uk/forum/content.php?605-Credit-Store-Card-Letter-Template . Which i had seen. But the bit about them taking charges xxx and charging me interest xxxx confused me. I have just completed the interest in restitution spready. So dont have that detail. Do i need to do a seperate one to work that out first?

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sri what details do you not have

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Where it says this

 

I calculate that you have taken £XXXXX plus £XXX which you have charged me in interest for the sums which you have taken. Total £XXXXX

 

I only have the fees they have taken and the total with interest in restitution, as thats the spreadsheet i used. Am i a bit ahead of myself for the first letter asking for money back?

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ideally you should use the fodcisheet first off

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

and the credit cards reclaiming letter from the green library tab top left.

 

http://www.consumeractiongroup.co.uk/forum/content.php?605-Credit-Store-Card-Letter-Template

 

same letter just delete the LBA bit

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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This second spreadsheet is a compound interest calculator and can be used both for PPI claims and Charges Reclaims on Revolving Credit Accounts such as credit cards. Compound interest is not an award that fos will give in respect of PPI claims but it can be used in PPI cases that are pursued through the courts. It is the standard sheet that is also used for charges reclaims both on credit cards and loan accounts where interest in restitution is claimed.

 

CISheet v101.xls

 

This is the spready i used. So it gives the amounts of charges and total including restitution which is what i want back, But that letter asks for the amount of fees taken by them, and also the interest charged by them on the fees.

 

Am i just all over the place here? I am going for the charges back, not for any PPI though.

 

Cheers for the help dx im already questioning myself, always a good start!

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ah i was looking too deeply.

 

from your spready you get the two figures from top right

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yep got them, but the compound interest it gives, is for interest in restitution. I thought that was the interest they took, and the interest i want on top. The letter states the interest they have taken from me, not the restitution.

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then change the letter!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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