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kenlanelisa
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claimed my charges from barclaycard which total to £516, this is without intrest.

i sent of for the amount of £516.

 

recieved letter saying goodwill gesture of £192 and money applied to card. i didnt ask for that to take place.

 

what do i do now? do i put in a claim at court? or is it another letter.

 

oh, and they have also reduced my credit limit now so that i cannot use the xtra cash.

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You havnt stated if you have sent the lba letter, or a rejection letter.

 

Keep to your time scales. 14 days between each letter, then file at court.

 

If you send a rejection letter telling them to take the money back, carry on filing for the full amount.

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hi i have been looking round site for info from other threads. its a rejection letter i need to send.

i have mixed it with the LBA templete is that ok as i have noted others have done it.

also is it ok for me to accept it as part payment but will pursue rest by court claim.

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Here you go this is what I sent them just tweak for your needs. Think it is ok to send LBA as well if not someone will correct me.

 

Barclaycard,

Customer Relations Department,

1234 Pavillion Drive,

Northampton

NN4 7SG

 

 

 

Dear Sirs

 

ACCOUNT NUMBER:

Ref your recent offer

 

 

Thank you for your recent offer of £ ***** as a gesture of goodwill, I must inform you that I will not be accepting this offer. As outlined in my earlier correspondence I explained that the charges you have applied to my account are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Further or in the alternative, I believe that your charges are a Penalty.

 

Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963

 

Although in my original letter I informed you that I would start legal proceedings within 14 days, as a gesture of goodwill I will give you an extra 7 days to refund £ ***** by cheque as I no longer use this account and wish it to be closed. If this is not done within the 7 days, I will be forced to start legal proceedings, you will receive no further warnings.

 

Yours Sincerely

All advice given is without any liability and has been picked up from my own experiences.

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