Partridge vs Barclaycard

[Chrisp7]

Having sent off a letter claiming for charges plus interest (Totalling around £720) I checked my account today and found £150 had been paid off my credit card. I havent been sent a letter, I will wait for a few days for a letter however in the event of not receiving a later how do I reject this offer?

 

Cheers guys!

[slick132]

Hi Crisp and welcome to the BC forum.

 

You say charges + int't. Do you mean s.69 Stat'y Int't or interest claimed at the contractual rate using an Advanced Spreadsheet.

 

What was the date of your Prelim ltr.

 

Don't use one yet but here are the choice of letters - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

[Chrisp7]

Hi Crisp and welcome to the BC forum.

 

You say charges + int't. Do you mean s.69 Stat'y Int't or interest claimed at the contractual rate using an Advanced Spreadsheet.

 

What was the date of your Prelim ltr.

 

Don't use one yet but here are the choice of letters - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

thanks slick:) what I have cliamed is all charges plus interest at 8% (using the spreadsheet provided on this forum).

 

My prelim letter (which wasnt an LBA) was sent only 5 days ago, so rather quick work from Barclaycard!

[slick132]

Ahaa !!

 

you're supposed to hide the int't column of the spready when sending your SOC to BC with the Prelim Letter and LBA. You can't claim the s.69 int't until you file your claim at court. This will not, however, affect your claim.

 

Send them the rejection letter closest suited to your claim from the link I posted above.

 

Your LBA should still be sent 14 days after the Prelim.

 

You will get your charges back in full. You won't get the 8% int't you've asked for but, if you're lucky, BC may make a bonus pay't of a flat 8% on top of the charges.

 

This is more than they're obliged to pay before court.

[Chrisp7]

I actually got that advice from Martin's Money saving tips - ie go more aggressive - seems like it was wrong, oops. Should I ask for a settlement instead?

 

Do I have to respond to their offer within 7 days? Id just rather combine the LBA and my response in 1 which means responding to them after 7 days of their offer.

 

With interest the total claimed is £730 without interest £569. Would you settle for a smaller amount of say £570 or go for the interest too?

Edited October 15, 2008 by Chrisp7

[slick132]

Hi Crisp,

 

You need to send them a Rejection Letter from the link posted above. You have no obligation to reply to them within a set period of time. You should, however, stick to your own schedule.

 

Therefore, enclose with it a separate LBA. Enclose your SOC and leave the interest element in as well. You got it wrong initially but you may as well be consistent - you never know, they may just pay the interest.

 

My guess is you'll get an offer between £569 and £614. This being the case, accept it.

[Chrisp7]

So if I reject their offer and don't suggest a settlement price, there's a good chance they will offer me more money? Or should I give them the option to settle with a suggested figure?

[slick132]

Hi Crisp,

 

Send a Rejection letter.

 

Enclose with it a separate LBA which will have the SOC attached.

 

See what they reply with. Your SOC is the figure at which you suggest they should settle.

 

[Chrisp7]

Do you think this combined LBA/rejection/offer letter is ok?? I modified the letter..

 

 

Dear Sir or Madam,

 

Re. Account number: xxxxxxxx

 

Thank you for your letter dated xxxxx

I respectfully decline your offer as Full and Final settlement and request, once again, that you return to me all charges imposed on this account, totalling £730

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

If you do not accept my conditions, I wish to stress that I do not accept your offer and the money transfered to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly.

 

I wrote to you on 05/10/08, making the original request for a payment in settlement of my claim. As I have not received a satisfactory response, I am writing to inform you I intend to claim the full amount claimed together with interest up to the date of judgment and court fees in the proceedings through the county court.

 

This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the court will rule in my favour. As I am sure you are aware, the Office of Fair Trading also stated in its April 2006 statement into credit card charges that it considers charges are at a higher level than is legally fair.

 

I have attached a full schedule of the charges with this document.

 

Without prejudice

The charges and interest I have claimed above total £730. However, if you are prepared to pay to me £615 within 14 days of the date of this letter (and, for such purpose, time shall be of the essence), I am prepared to accept this lower figure in full and final settlement of my claim and interest.

 

I look forward to a full response to this letter within 14 days, otherwise I will commence court proceedings to reclaim my money.

 

I trust this clarifies my position.

Edited October 29, 2008 by Chrisp7

[slick132]

Head the letter "Letter Before Action". Also the spreadsheet should auto-update when opened and the interest figure will have increased slightly from £730, so amend the letter if necessary to reflect this.

 

I'd alter the end of the letter as follows:-

 

........is legally fair.

 

My Schedule of Charges is attached showing a total claimed of £730.

However I am prepared, without prejudice, to accept £615 in full and final settlement of this claim if this amount is repaid to my account within 14 days.

If you do not reply positively to this letter within 14 days, I will commence court proceedings without further notice.

I hope this will not be necessary and look forward to hearing from you.

Yours faithfully,

Crisp7