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Posts posted by roydosan

  1. 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?

  2. 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.

  3. 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.




    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


    You need to be claiming for contractual interest at the highest rate of the card( You can find this on statements or phone MBNA) Usually around 24.9%. This will most probably double your claim.




    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.

  5. 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,



  6. 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.

  7. 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.

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