Jamesrouse -v- Barclaycard

[jamesrouse]

right dpa letter printed and ready to go, lets see how this goes then, any one had any major problems with barclay card coughing up??

[jamesrouse]

Got a standard letter from katrina downs saying sorry to learn of my dissatisfaction and they will resolve the matter by 28/7/6, i love the personal touch in my letter it has my name on it:wink:

 

any who lets see what happens now then

[jamesrouse]

got a letter today saying bout the microfiche bollox

 

so i've worked out how many months i had for card for and am going to claim late payment and over limit charge for each month

 

can any one tell me how much they did charge back in 2004 as i don't have any details

[martynh99]

3/8/4 I was charged £20 for late payment.

They only started charging in 2001(according to the letter I got today).

[jamesrouse]

Dear Carol,

Thank you for you letter dated 26 August 2006 in response of my Subject Access Request under the date protection act.

I can confirm I am in receipt of the information you have sent me from May 2004 to August 2006.

Firstly I draw to you attention that fact that you have not yet complied with your obligations under the Data Protection Act 1998 which you are duty bound to do so, and I shall be lodging a complaint with the information commissioner.

In light of that fact that you have failed to comply fully I have been left with no choice but to estimate penalty charges applied to my account in response to late payment and over limit penalty charges, I now understand that the regime of fees which you have been applying to my account in relation to over limit and late payment charges are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary

I estimate that you have taken £840.00 relating from when the account was opened July 2002 to when it defaulted March 2004

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

am sending this what you think

[martynh99]

I've just sent the prelim but placed a paragraph in relating to microfiche being a get out for them. How can they say that they are not in any customer account/name order then only charge £3 to retrieve it -

I'm going to send letter to the IC about this as I believe they are using a loophole in the DPA to avoid this.

[bigdave1985]

I've just sent the prelim but placed a paragraph in relating to microfiche being a get out for them. How can they say that they are not in any customer account/name order then only charge £3 to retrieve it -

I'm going to send letter to the Information Commissioner about this as I believe they are using a loophole in the Data Protection Act to avoid this.

 

what is this retail rate interest rate?

 

i thought we could only claim back 8% or have i got this one wrong?

 

any elp would be most greatfull!

 

yours

 

david

[martynh99]

See this link http://www.consumeractiongroup.co.uk/forum/general/18313-why-no-one-claiming.html#post142054

 

Take for example you owe £1000

You pay late so they add £20 on

Balance £1020

You make a payment of £100

Balance now £920

 

You are now being charged 14.9% (or whatever your apr is) on £920 instead of £900 and so on.

 

On my charges of £550 on one card, the interest added upto £221 over 4 years

 

I don't believe that anybody has tried this yet and got a result, from scanning through the forums quite a few have now sent their prelims in with this type of % added including myself on 2 occasions in the last week.

[bigdave1985]

Did you actually get anything back using this type of APR?

To be honest even with no interest it is good but we will see how it goes!

Thanx

david

[martynh99]

See my sig, only posted one of the prelim claims today, the other went last week so still waiting to see

[jamesrouse]

Right bc have until tommorow to respond, if not MCOL

 

my only concern is i have had to estimate all the charges as they didn't give me any relivant statements, is it still possible to charge the 8%

[jamesrouse]

bump

[jamesrouse]

Right Claim just been done all estimated charges lets see if the respond now..................