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Everything posted by roydosan

  1. Check here http://www.royalmail.com/portal/rm/trackresults?catId=500185&pageId=trt_rmresultspage&keyname=track_blank&_requestid=45736 to make sure they arrived and then complain saying you have proof of delivery (provide a print out from the tracking facility). Other than that carry on with your timetable. They've completely ignored all my letters other than the DPA letter. Once the court claim has been raised they will have to take notice though!
  2. Have you sent all your letters by recorded/special delivery?
  3. I've issued the LBA (which expires on Wednesday) and am getting ready to issue the court claim. But as I'm now disputing the charges in court should I continue to pay my monthly Barclaycard bill or should I halt this whilst the action is proceeding (my outstanding balance is less than what I am claiming)?
  4. If they've refunded you £184 it means they're claiming to have charged you £460 in fines in total. The compounded interest could well increase this figure up to £1000! Write to them (by recorded delivery) accepting it as a part payment and carry on with the claim.
  5. Glenn, I take what you say about the contractual interest but it is open to interpretation and I think most people would rather play on the safe side, follow the FAQs and claim for interest they have actually been charged and then the 8% when the court claim is raised. Roydosan
  6. No that won't work. You can only add this when you issue the claim with the County Court
  7. Yes I have. go to the thread Roydosan Vs Barclaycard.
  8. Glenn - this is seriously wrong - you CAN claim the standard rate of interest which they have charged you - this is interest charged on the fines. Once you raise the court claim you can add the 8% on as damages for having been wrongfully charged the money.
  9. DPA expired so I've sent off the preliminary request for repayment of charges. As I'm now disputing the charges should I continue to pay my monthly Barclaycard bill or should I halt this whilst the action is proceeding (my outstanding balance is less than what I am claiming)?
  10. roydosan

    Advice, please

    See if you can find another 0% deal - though they are getting harder to find I'm told.
  11. If you only havethe fee information they gave you then divide 17.9% by 12 and then multiply the total figure (fees + Interest) by it. Do that for each month to date and you should get a more accurate figure. BTW which MBNA card is it?
  12. That's exactly what I said. The 8% interest you only claim when you raise the county court claim. Before that you should only claim for the interest they charged you at the appropriate rate. Be aware that this has probably changed over the life of your card so you will have to make some minor adjustments in order to get an accurate figure. And remember that interest is compounded every month your account is in the red so I'm suprised the figure you have arrived at is so small.
  13. Good letter - but remember it is not 'overdraft interest' with a credit card, just interest. Minor quibble but it's better to be accurate.
  14. You are wrong about the interest - you can only claim the 8% once you formally make the claim at court. You are however entitled to claim back the interest they have charged you on the fees at the appropriate rate. If your fines are around £1170 then it should add up to quite a bit. My fines totalled around £700 and the interest worked out to £500!!!
  15. Yes this happened to me - your account hasn't been passed to a debt collector but MBNA have requested a debt collection agency to chase you up for the payment. Hope that makes sense! Not sure of the legality of it all. I refused to have anything to do with them and eventually (after frequent phone calls) they gave up - I kept on insisting that they prove who they were and how they got my details. It didn't go down too well! Once you make a payment to MBNA they will also stop calling though.
  16. It might be worth giving them a ring to see whats happened - it seems they like to play it close to the line vis-a-vis sending out information before the deadline.
  17. Golfscape they have 40 days with which to comply with the SAR so they haven't done anything wrong yet. Just be patient - wait for the 40 days to expire then send the preliminary request for payment giving them 14 days and then a LBA giving them another 14 days to refund the money (I know 7 days was mentioned above but it says 14 in the FAQ and you have to prove to the court that you have been reasonable in your requests).
  18. Can anyone help on this? Do I have to give them another 40 days?
  19. You can claim the £3 back when you initiate the court claim. It seems like Barclaycard are not going to back down over this so it might be the only way forward.
  20. They are doing it because the OFT said they would take action against them if they did not reduce the charges to at least £12.
  21. MBNA do not have a punitive rate of interest though.
  22. So have you had to give them another 40 days? That can't be right. My original letter clearly stated that is was a DPA SAR under section 7. Are they allowed to ignore it for 39 days and then write to me and say if you want an SAR write back to us?
  23. Just had a reply today (40th day) and I am not happy. It reads: "As requested we have enclosed copies of your statement information since your account converted to MBNA in March 2003. You will receive fee information from July 2000 to conversion in the next 10 working days. Please accept my apologies for the delay. If there have been any transactions on your account as a result of manual intervention, they will be included on the enclosed statement information. Onthis occasion we have provided this information to you free of charge. Should this information not be sufficient, and you wish to make a full data subject access request under section 7 of the Data Protection Act 1998, please complete and return the attached form. Please ensure you include the fee of £10 and appropriate ID (e.g. photocopy of driver's licence or passport)." WTF????? The letter was clearly labelled as a DPA Subject Access Request and I enclosed a postal order for £10 (it was returned with this letter) so now the 40th day has expired and all I have received is a list of fines imposed since March 03 and now have to wait another 10 days to get the rest of the information (or part of it - since I requested further back than July 00). Do I have a right to complain to the Information Commissioner for non compliance or can they make me wait another 10 days?
  24. Glenn, I think I made it quite clear - on the initial claim you ask for the fees back + the compounded interest on the fees which they charged you (at the appropriate standard rate - which is found on the statement) as this is what they charged you. Only once you have put a claim in at court do you have the right to ask for the 8% to cover your damages. Prior to that it is your fault for not having complained about it as well as the fact that the judge might take a very dim view of an arbitrary rate of interest claimed on the basis of what you think they owe you. Be exact about what they definitely owe you not what you think they should pay you in damages on top. The 8% has already been accepted as acceptable damages in lieu of them taking the money as per the legal precedence referenced elsewhere.
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