Dear Cagers,

Seeking your help to reclaim my visa card penalty charges from Barclays . card was taken out in 1998.

charges were taken between 2005 and 2009 .

1- sent prem letter with schedule of claim -march 14

2- received rejection letter from Barclay- April 14

3-wrote letter to challenge and before action letter -May 14

4- another reminder letter before action -26th july

I am wondering if I should start proceeding or send another reminder ,I have not heard from Barclays since their first rejection letter in April '

My POC is ready which I will post up here before sending .

Any advise or direction ?

Why keep reminding them. If you say youre going to do it, then do it. They get issued with hundreds of threats per day and 90% of people never go through with it

Dear Cagers,

Seeking your help to reclaim my visa card penalty charges from Barclays . card was taken out in 1998.

charges were taken between 2005 and 2009 .

1- sent prem letter with schedule of claim -march 14

2- received rejection letter from Barclay- April 14

3-wrote letter to challenge and before action letter -May 14

4- another reminder letter before action -26th july

I am wondering if I should start proceeding or send another reminder ,I have not heard from Barclays since their first rejection letter in April '

My POC is ready which I will post up here before sending .

Any advise or direction ?

If you have sent a Letter Before Action then you must be prepared to take action if BC had failed to respond within the time scale you laid down in the LBA otherwise sending it was pointless.

Hi Suga,

Reclaiming fees from BC can be different to doing this with other banks. We have guided many to recovering large sums from BC including fees older than 6 years and compound restitutionary interst.

Are you claiming compound interest in restitution and, if so, at what percentage rate.

Are you using examples of other **BC - Won with compound interest** claims.

Hi Suga,

 

Reclaiming fees from BC can be different to doing this with other banks. We have guided many to recovering large sums from BC including fees older than 6 years and compound restitutionary interst.

 

Are you claiming compound interest in restitution and, if so, at what percentage rate.

 

Are you using examples of other **BC - Won with compound interest** claims.

 

Shellys thread is a good one to read. Mine is ongoing but upto date.

I would link them but am in a hospital bed and using my phone

Hi SS and soz to hear you're in Hospital. Get well soon

Hi Suga, Shelley's thread IS good but it's long and may also be outdated in some regards (eg we no longer suggest claiming Statutory Int't at the compound rate but use 8% instead). Still well worth the time reading it though.

Other good examples are in the first few listed here such as TrancyB and Hillards - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

Thanks all Birg. Slick and SS for prompt and great advice , hopes SS get well soon .

Slick - I have read Shelley a while ago , i am claiming at 24.90 int in rest.

I am attaching my spready as well as Poc for input from you all .

POC was moslty driven from shelley and other winners . it might need reviewing with your expertise.

in Poc under charges section 8 (d) should I fill in figures totalling from 2005 - 2009 in eqach months , this had confused me

Claim Date

Interest Rate (%APR)

% per day

TOTAL CLAIM:

TOTAL AMOUNTS

Charge Reason

LATE PAYMENT CHARGES

£20.00

EXCEEDED LIMIT

LATE PAYMENT CHARGES

EXCEEDED LIMIT

LATE PAYMENT CHARGES

EXCEEDED LIMIT

LATE PAYMENT CHARGES

EXCEEDED LIMIT

LATE PAYMENT CHARGES

EXCEEDED LIMIT

LATE PAYMENT CHARGES

EXCEEDED LIMIT

LATE PAYMENT CHARGES

EXCEEDED LIMIT

LATE PAYMENT CHARGES

EXCEEDED LIMIT

LATE PAYMENT CHARGES

OVER CREDIT LIMIT CHARGE

RETURNED DIRECR DEBIT FEE

LATE PAYMENT CHARGES

LATE PAYMENT CHARGES

£12.00

LATE PAYMENT CHARGES

LATE PAYMENT CHARGES

LATE PAYMENT CHARGES

LATE PAYMENT CHARGES

this MY POC TO BE REVIEIWED.

New POC Barclaycard (N1)

Claim No :

IN THE ROMFORD county court

BETWEEN

xxxx

Claimant

and

-Barclays Bank PLC t/a Barclaycard

Defendant

PARTICULARS OF CLAIM

1. The Claimant entered into an agreement (“The Agreement”) with the Defendant on or around xx/xx/1998, whereby the Defendant was to advance credit facilities to the Claimant under a running credit account, Account no xxxxxxxxxx ("The Account").

2. The Agreement essentially consisted of the Defendant providing the Claimant with a credit card (“The Card”) which would allow the Claimant to make purchases and receive cash advances on credit. In return the Defendant was entitled to charge interest at the published rate.

3. The Agreement was a Regulated Agreement for the purposes of the Consumer Credit Act 1974.

4. At all material times the contract was subject to the Defendant’s standard terms and conditions which could be varied from time to time.

Summary

5. Throughout the course of the Agreement, the Defendant has added numerous default charges to the Account for the Claimant’s failure to make the minimum payment on the due date and or for exceeding the credit limit and or if a payment is returned. (Full particulars are set out in schedule 2).

6. The default charges were applied in accordance with the standard terms of The Agreement which were:

a) A penalty payable on breach of contract and thus unenforceable: and

b) An unfair term under the Unfair Terms in Consumer Contracts Regulations 1999 (“The Regulations”) and therefore not binding on the Claimant.

7. The Claimant is accordingly entitled to repayment of the sums wrongly added to the Account.

The Charges

8. The standard Terms of the Agreement in substance provided as follows:

(a) The Defendant would provide the Claimant with the Card. The Claimant was entitled to use the Card to make purchases and receive cash advances up to a credit limit (“the Limit”) set by the Defendant. The Defendant could unilaterally change the Limit by giving the Claimant notice in writing.

(b) The Defendant was entitled to charge interest on the purchases and cash advances at the published rate.

© The Claimant was to pay the minimum payment of 3% of the amount owed or £5 (whichever was the greatest) by the due date as notified in the monthly statements.

(d) The default charges Apr xxxx – Jun xxxx were £xx.xx, Aug xxxx – Nov xxxx was £xx.xx & Jun xxxx was £xx.xx.

Penalty

9.The amount of the Charges exceeded any genuine pre-estimate of the damage which would have been suffered by the Bank in relation to the Claimant’s transgressions.

10. In the premises the Charges were punitive and a penalty and thus unenforceable at common law.

The Regulations

11.At all material times the Claimant was a consumer within the Regulations.

13. At all material times the terms of the Agreement providing for the Charges were unfair within regulation 5 of the Regulations in that contrary to the requirement of good faith they caused a significant imbalance in the parties' rights and obligations to the detriment of the Claimant.

14. without prejudice to the burden of proof, the Claimant will refer to the following matters in support of the contention that the terms are to be assessed as unfair as at the time of the conclusion of the Agreement, and of each revision to the Standard Terms.

(1)The terms relating to Charges were standard terms; they would not be individually negotiated.

(2)The Charges were a penalty for breach of contract.

(3)The Charges exceeded the costs which the Bank could have expected to incur in dealing with the exceeding of the credit limit, late payment or returned payment.

(4) Accordingly the Charges were a disproportionate charge incurred by the Claimant for their failure to meet their contractual obligation and thus within the ambit of Schedule 2 (1) (e) of the Regulations and indicative of an unfair term.

(5) As the Bank knew, the Charges were of subsidiary importance to the customer in the context of the Agreement as a whole and would not influence the making of the Agreement.

(6) As the Defendant knew, the Claimant had no means of assessing the fairness of the Charges.

(7) In the premises, the effect of the Charges would be prejudicial to the customer who incurred them, and cause an imbalance in the relations of the parties to the Agreement by subordinating the customer’s interests to those of the Defendant in a way which was inequitable.

15. without prejudice to the burden of proof, the Claimant will contend that the terms’ imposing the Charges are not core terms under regulation 6 of the Regulations and relies on the following matters.

(1) The assessment of fairness does not relate to terms which define the main or core subject matter of the Agreement.

(2) The assessment of fairness does not relate to the adequacy of the price or remuneration as against the goods or services supplied in exchange (in other words, whether or not the relevant services were value for money).

(3) The Charges are correctly described as default charges by the Defendant in the key information provided to new customers.

16. By reason of the said matters the terms were not binding under regulation 8 of the Regulations.

17. The Defendant wrongly applied Charges to the Account totalling some £428.00 plus interest between 05/11/2005 and 12/01/2009. Particulars appear from Schedule 2.

18. On xx/xx/xx the Claimant demanded repayment of the sums wrongly applied.

19. The Defendant has not repaid them or any of them.

And the Claimant claims;

(1) A declaration that the sums totalling £428.00 have wrongly been applied to the Account. Some of these charges are older than the normal 6 years but are claimed by virtue of s32 (1) c Limitations Act 1980 as per Kleinwort Benson v Lincoln City Council."

(2) Payment of the said sum of £428 and interest in restitution of £2059.95 as per Sempra Metals v Inland Revenue Commissioners.

(3) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum on the amount claimed daily rate of £0.54 per day until judgment or sooner payment

(4) Court costs of [ xxxx].

I believe that the facts stated in these particulars, comprising of 3 pages, are true.

Dated

Signed

Hi Suga,

I've checked one of the spready entries and that looks ok.

The POC also looks ok, except for the mention of Romford County Court. You'll use the CCMCC to file the claim.

Because of the time lapsed since the LBA, I would send another LBA with an updated spreadsheet showing interest up to date. The interest updates automatically when you open it.

Send the LBA to Barclays and be ready to file a CCMCC claim after the final 14 days is up.

Hi slick thanks for response ,

Definitely I will post another lba as suggested. Will you be kind to help me with 8.( d ) highlighted red in my poc above . what figures should I fill in.

Yay back home, now gotta recover by Monday for 1st day at new job. Just gotta worry about JSA now and have them satisfied so I can sign off at tomorrows meeting.

POC looks cool.

Hi Suga,

For the POC, I suggest you say at 8(d) :-

The default charges were £xx from Apr xxxx to Jun xxxx; £xx from Aug xxxx to Nov xxxx; and £xx in Jun xxxx.

Tks slick

lba sent just waiting agony to proceed .

Hello again,

I recieved a response letter from barclays explaining that their position remnains the same for charges of £12 in compliance to relevant legistionlationand guidence . so they not bothering ..

14 days has already elapsed since letter before action

shall I re print spready and send N1 with updated figures or use same figure for claim mentioned in letter before action ?

Update spreadsheet to use with N1

Make appropriate changes to POC to reflect the updated figures too

thanks SS

Will do that .

Hi Suga,

Make sure you get the N1 and POC's right by asking here if there's anything you're unsure of.

Use CCMCC at Salford, not MCOL and name the Defendant "Barclays Bank PLC t/a Barclaycard"

thanks slick .

can i add this paragraph at the bottom in poc :

Schedule 1

From Barclaycard Conditions in force at time when account opened.

3. Credit limit

From time to time we will work out your credit limit and tell you what it is.

5. Repayments

each month you must make a minimum payment. This will be;

(a)3% of the statement balance for Initial Visa, First Classic and Classic and 2% of the statement balance for Gold Barclaycard and Barclaycard Platinum or £5 whichever is more; or if the statement balance is less, the statement balance; or

(b)If a special promotion allows you to put off making repayments for a period, the amount worked out under (a) but with the relevant promotional balance taken away from the statement balance.

The minimum payment must be received by us and paid into your account on or before the payment date.

Schedule 2

schedule of charges cliam.

shoud I send schedule of claim amd terms &conditions with POC and how many copies of them to be sent with N1 ?

Hi Suga,

Are you changing from the recommended Barclaycard POC because your T&C's are as per your post above.

You enclose the updated Schedule of Charges with the POC but not the T&C's, which will only be submitted with other evidence much later.

Also, what have you put at the end of the POC for, "And the Claimant claims :-"

Hi Suga,

 

Are you changing from the recommended Barclaycard POC because your T&C's are as per your post above.

 

You enclose the updated Schedule of Charges with the POC but not the T&C's, which will only be submitted with other evidence much later.

 

Also, what have you put at the end of the POC for, "And the Claimant claims :-"

 

Definatly get your poc right.

If it is applicable and you want adverse data removed from your creditfile make sure you make reference to this in your poc

Hi Slick and SS,

Very relevant piont raised by SS , I require barclay to remove adverse data from my c. files which i have not added in POC .

I need your help to put into words and add under "And the Claimant claims .

how should I phrase that barclay need to remove that adverse data.

Hi Suga,

Can I come back to you with suggestions tomorrow.

In the meantime, you can look for the info you seek from other BC *WON* threads in the Barclays WON forum.

Here is a paragraph that people can edit, rewrite and improve upon.

"And the Claimant Claims that due to the level of unlawful penalty charges and compound interest charged upon them that the data provided to the Credit Reference Agencies is not indicative of how the Claimant managed the account and therefore all adverse data surrounding this account should be removed from Credit Reference Agencies due to the data being inaccurate."

Await suggestions from others first.

I note from ShutMeUp's thread that they got Barclays Litigation to agree to removal of all CRA data even though this was not included in the POC's - http://www.consumeractiongroup.co.uk/forum/showthread.php?364605-BARCLAYCARD-**WON**-Charges-repaid-with-compound-int-t-and-DN-removed**

In any event, I'll seek input from other Site Team who are more knowledgeable about what to include re adverse CRA data removal in the POC's.

In that case I notice that even though they paid £600 short of the claim total that they also wiped the debt of £650. Could this have been a "offsett"

I wonder if this is why they were able to delete the adverse data as they still owned the debt?