There was a partial inventory. The landlord has provided a breakdown with costings for individual items e.g. "mark on dishwasher door - cannot be repaired - cost of new door £250."

Hi everyone, a friend of mines former landlord is seeking to keep their deposit to pay for new replacement items for alleged damages. I've seen that he is not allowed to do this as it would be classed as betterment but I can't find the law that says this - does anyone what/where it is? Also he is seeking to claim £1,500-£3,000 to cover his lost rent whilst the flat is being redecorated as he says he cannot let it until it's repaired (the flat is definitely habitable but he wants it up to standard before renting it). Is he allowed to do this?

You only add 8% if you do not claim contractual interest (this is in addition to the interest they charged you which you can claim back). You cannot claim 8% if you have already claimed contractualinterest.

Just received a letter asking me to stop the court case and enclosing a cheque for the full amount! Nice result in time for Christmas!

Be warned - they are most likely NOT treating this as a SAR. They will probably send a letter just before the deadline returning the £10 and telling you that if you want to make a SAR to return the £10 with ID. If you don't want this to happen get on the phone or write to them sharpish telling them that this must be treated as a SAR.

They've agreed to transfer the credit to my bank account so should get that hopefully before New Year. Donation on its way once it has cleared.

you can claim - the interest they charged you on the charges and the same rate of interest on the total for fines and interest - this is known as contractual interest and you claim it with the prelim. or you can claim the charges and the interest you paid on them and the 8% p.a. but only when you raise the claim at court

Go to the FAQs - Bankfodder has a zip file with everything you should need for the court bundle (excepting your own correspondence of course).

Just found out they've credited my Barclaycard account with the full amount but it now means that my Barclaycard is in credit to the tune of £300! If I can withdraw the money a donation is on its way. I have to say I'm not happy about this and I'll be even more unhappy if they try and charge me for withdrawing the money from the card account!

Contractual rate yes but there is no higher rate. I have all my statements going back for the past eight years and the interest rate has always been the same for purchases, cash advances, etc.

the date they received it - so the day the Royal Mail tracking service says it was delivered is the first day of the 40.

I think you will need to write to the Credit Reference Agencies and inform them that this account is in dispute over the amount owing. If I'm correct then they cannot record a default against your name over the account.

2 Weeks up after LBA. Initiated claim at MCOL this morning.

Ok here's my response to their letter: Dear Rachel Claridge RE: Accounts xxxxxxxxxxxxxxxx/xxxxxxxxxxxxxxxx Thank you for your letter dated 6 December 2006. I must respectfully decline your offer of £170 in full and final settlement of my request for repayment of charges and interest incurred. This is a derisory amount and does not even begin to approach the amount I am claiming. I appreciate that late and over-limit fees are part of your terms and conditions but that does not make them legal. Your interpretation of the Statute of Limitations Act does not accord with mine. You therefore leave me with no option but to pursue this matter through the courts, where I look forward to clarifying these matters with you. Yours sincerely, Roydosan

Just had a response to my prelim request and LBA. They are offering £170 in full and final settlement of my claim for £4,650! By Tuesday it will have been two weeks since they received the LBA so it'll be off to MCOL! Looking at other peoples cases I thought MBNA would be easy but obviously they are not playing the same way with everyone.

Barclaycard have offered to settle in full, without any admission on their part that the charges are penalties, due to it not being cost effective to continue the case to its conclusion . They requested a confidentiality clause initially but I have refused to assent to this and they have agreed to omit it. I am continuing with the court case until the money has been transferred to my account.

1 Churchill place London E14 5HP

yes - don't let them off so easily!

yes one SAR should be enough for all cards.

Regarding charges going back longer than six years - this should be ok but you will need to read the Limitations Act 1980 - I think it's section 3.

Not sure if you can claim for these: plus costs incurred as a result of the claim. S.A.R - (Subject Access Request) Fee, postage, time etc. as you usually cannot claim for costs in the small claims court. However, if you can get away with it then go for it.

They responded on the 40th day with me. Don't expect an offer either - I haven't been offered anything yet - not even the reduction to £12 on the fees.

Court Hearing set for 11am 14 March 2007.

Probably best to treat them as two different companies otherwise it might get a bit confusing if you proceed to commencing court action (which is very likely with Barclays). I wouldn't worry about paying it off - as far as I know they haven't been closing people's accounts for taking action against them yet.

I have a spreadsheet which calculates compound interest and contractual interest (instead of sec 69 interest). If anyone wants a copy PM me.