morgan stanley or barclaycard ***DELIGHTED**

[slick132]

Hi Brindles,

 

At a guess, they've now repaid the full amount of charges plus a flat 8%.

 

They won't repay the additional int't you're claiming unless you File at court, so that's your next move.

 

Also, send them a Rejection Letter re this refund.

 

Re the reduction of your credit limit, they'd be foolish NOT to limit any further spending when you are questioning the enforceability of the account as a whole.

 

[brindles]

Hi noomill,

You thought correct. Would a template L.B.A be ok just changing to suit.

 

But other than that, yes very much please help with the wording.

 

Noomill-your advice given on interest has to be one of the single best pieces of information on this site and i suggest every one making a credit card claim, read and understand it.

 

Thanks to you all.

[brindles]

hi slick132

 

I have never questioned the enforceability of the account and i had intended to continue to run my account normally.

So in effect they are closing my account.

 

Will send rejection letter in the morning,but I am going to wait for noomill to advise me on the wording of my letter before action.

 

I cant thank you all enough for the fantastic support and advise.

[noomill060]

Hi Brindles,

 

I'll do a LBA for you and you can take a look before sending it so you understand what you are doing.

 

In the meantime, have a read of my thread.

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/168312-morgan-stanley-cca-received.html

[brindles]

Thanks noomill,

I have just read your thread,totally brilliant and well done for a succesful claim. everyone in bolton will be proud.lol.

 

I love your turn of phrase,makes reading your thread a pleasure.

 

your above offer is graped with both hands

and this is the second time you have made me fall off my stall.

1st time was the interest tutorial. This advice is worth more as each day passes lol

 

Thanks noomill

 

ps

 

 

Quote:

Originally Posted by noomill060

Oh dear, just tried to use my card, 'twas refused.

 

 

Unlawful Recission of Contract?

 

.

Please tell us more,think im gonna need to know.lol.

 

Again...thanks to everyone.

[brindles]

hi all

I am going to post what barclay call a copy of my original C.C.A just for clarification.

trouble is what they have sent is one peice of paper the size of a pillow case,will try photobucket.

 

thank you.

[noomill060]

Hi, does it say "Priority Application"?

[brindles]

I have taken a look but all I can see is application. The word priority is not there.

The application was for the morgan stanely gold card. the application was accepted.

I am trying to upload the document and the last letter from them at this moment.

 

thanks.

[noomill060]

More important, is your name, date of birth and signature on it?

 

All other ccas for M/S accounts so far have had some one elses details!

[brindles]

lol,yes it does have my details.

[noomill060]

Your Address

 

 

 

Barclays Bank t/a Barclaycard

1 Churchill Place

London

E14 5HP

 

XDateX

 

Letter Before Action

 

Sir/ Madam

 

ACCOUNT NUMBER: xxxxxxxxxxxxxxxxxx

 

 

I am writing to ask you to refund to me the charges which you have debited from my account.

 

I now understand that the regime of fees which you have been applying to my account in relation to late payments and exceeding credit limits and so forth are unlawful at Common Law and contrary to 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 charges 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 would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise.

 

 

　

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

 

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

 

 

I calculate that you have unlawfully taken £xxx plus £xxxx.xx which you have charged me in interest for the sum which you have taken. Total £xxxx.

 

I enclose a schedule of the charges which I am claiming with this letter.

 

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

In addition to the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

 

Yours blah.

[noomill060]

I presume you have mastered the

 

Compound interest calculator

 

 

Say you intend to send the above letter on Thursday.

 

You should now work out the total (charges + interest) up to 12 February 2009 and put that that figure in the LBA.

[noomill060]

Work out the interest using both "cash advance rate" of 26.8%

 

You are going to claim the cash advance rate, as what you have basically done is give MS/ Goldfish Barclays a cash advance, in the same way as if you had taken out cash from a cash machine using your MS credit card.

 

 

What they can do to unto you, you can do unto them.

 

'Tis called reciprocity

[brindles]

Hi noomill, not sure I have mastered it but I do worship it.lol

the hardest thing is to believe yourself that, you are doing it correctly,as the fiqures all add up and up and up.

The good thing is the longer they argue,the more it cost them!

 

Ok what I am going to do is post all my communication with barclays in order to make it clear for anyone reading this.

 

Thanks noomill for the template,but im not sure if it be ok as i sent a very one already.

Im going to get all the documents in order and I will have them all on here by tommorrow,

 

Thanks everyone.

[noomill060]

You snet them a preliminary letter I think, rather than a LBA.

 

The LBA is their last chance to settle.

 

When you file your claim, you also add another load of interest called judicial interest.

 

In this case, this is the total less the charges.

 

[noomill060]

For instance, a £600 charges claim of mine turned into a £2000 settlement.

[brindles]

Hi all,

Here are my letters to barclays and there responces. hopefully in order.

 

first i sent

 

 

Dear Sir or Madam,

Re. Account number: brindles

I am writing to request a fully comprehensive list of all the default charges for late payments or going over my credit limit that I have paid on the above account over the last six years.

Please find enclosed a postal order for the maximum statutory charge of £10. If you are unable to provide this data, I will accept a copy of my statements going back six years; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I'm not requesting the statements per Se, but the charges, which I'm entitled to by law.

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

I look forward to your response within 40 days, as barclaycard is obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.

What I had meant to send should have been a full subject access request, but this worked in my favour latter.

[brindles]

This was there reply.

 

 

Goldfish®

Goldfish

PO Box 3598

Glasgow

G689YW

Fax: 01236797929 Tel: 0844 556 0104

Meeee

At my address

29 October 2008

SAR Reference:

l, Your request for information under the Data Protection Act 1998

Thank you for contacting Goldfish requesting information that we hold on our files in regards your personal data.

We acknowledge receipt of the £10.00 fee and proof of identity, which was received in full on the 21st October 2008. This is the date we have recorded as the date of receipt of the Subject Access Request, which will be issued as soon as possible. I confirm we do have up to 40 days to respond.

If you have any further enquiries regarding your Subject Access Request please feel free to write to me at the above address or call me on 0800 032 7256.

Yours sincerely

X °> x

'iX Steven Porter

Customer Liaison Team Manager

[brindles]

I waited some and then they sent this

 

 

Goldfish

7th November 2008

Thank you for your letter requesting copy data, which we have treated as a Subject Access Request under the Data Protection Act 1998.

We acknowledge receipt of the £10.00 fee and proof of identity, which was received in full on the 21st October 2008. This is the date we have recorded as the date of receipt of the full Subject Access Request.

Goldfish processes personal data it holds about you for the purposes set out in our Agreement with you (as updated) and as otherwise specifically agreed with you from time to time. We hold personal data such as your name and contact details, employment status, financial standing, and transactional information.

We share your personal data in accordance with our Data Protection Notification and as set out in our Agreement with you. This includes sharing with our Group companies, credit reference and fraud prevention agencies, carefully selected third parties for marketing (where you have consented), on instruction from you and where we are otherwise required or permitted by law or regulation to do so.

We enclose a copy of your personal data for the last 6 years from the 1 5th October 2002 to the statement issued on the 15th September 2008, in accordance with your request and the Data Protection Act 1998. Please be advised that we are unable to supply statements from July to September 2006 due to a technical issue, we apologise for any inconvenience this may cause and these will be issued once they become available. If you require any further assistance, please do not hesitate to call our Customer Liaison Team on the above free phone number and they will be happy to discuss your account further with you.

Yours sincerely,

 

Steven Porter

Customer Liaison Team Manager

[brindles]

I again waited and this time a reply from barclay.

 

 

me

 

 

at my address

 

 

 

 

Barclaycard House PO Box 5592 Northampton NN4 1ZY

Tel: 0844 811 9111

17 November 2008

 

 

 

 

 

 

Dear brindles

BARCLAYCARD SERVICES

ACCOUNT NUMBER:

Further to our previous letter, I have pleasure in enclosing the remainder of your requested items.

Please accept my apologies for any inconvenience you were caused by the delay.

Yours sincerely

Kay Leighton

Barclaycard Customer Services

ENCLOSURE: Statement(s)

[brindles]

Now I have all my statments exept july to september 2006. I sent the following.

 

 

brindles

 

 

my address

 

 

17/11/2008

 

 

Steven Porter

GOLDFISH

PO Box 3 598

Glasgow

G689YW

LETTER BEFORE ACTION Section 7 - Data Protection Act 1998

Dear Steven Porter

Account:

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 15/10/2008. received by you on 21st October 2008.The disclosure of personal data is incomplete in that at least the following documents are missing.

1) You have failed to provide a complete list of transactions and charges for July to September 2006.

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

You have a further 15 days days to comply. Yours faithfully,

brindles

[brindles]

In responce I got this.

 

Thank you,your copy statements have been ordered.

 

 

????mmm not signed,just a note.

[brindles]

I replied with the following.

 

 

brindles

 

 

at my address

21/11/2008 Kay Leighton

barclaycard house P.O.Box 5592 Northampton

NN41ZY

dear Kay Leighton,

Account number:

Further to my letter dated 17th November. 2008 and in response to your letter dated the same.

You seem to think you have fully complied with my request. You have not.

(1) You have failed to provide a full list of transactions and charges for July 2006.

I feel I must once again tell you that you have not complied with your obligations under the data protection act 1998.

you have a further 11 days to comply. Yours faithfully

brindles

[brindles]

I received two of the three missing statements so i sent the following.

 

 

me

 

 

at my address

1st DECEMBER 2008

KAY LEIGHTON BARCLAYCARD HOUSE P.O. BOX 5592 NORTHAMPTON

NN41ZY

YOUR REF:

LETTER BEFORE ACTION Section 7 - Data Protection Act 1998

Dear Kay Leighton,

Account:

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 15th OCTOBER 2008. The disclosure of personal data is incomplete in that at least the following documents are missing.

1) You have failed to provide a complete list of transactions and charges for July 2006

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

Yours faithfully,

brindles

[brindles]

I have all the information I need for my claim so i sent my preliminary approach for repayment as follows.

 

 

Me at my address

Barclay bank PLC 1 Churchill place London E145HP

10th December 2008

Dear Sir/Madam,

ACCOUNT NUMBER:

I now understand that the regime of fees which have been applied to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.

I would draw your attention to the terms of the contract which were agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I calculate that you have taken £760 plus £1,609.97 which you have charged me in interest for the sums which you have taken. Total £2,369.97

I require repayment in full of this money. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs.

Yours faithfully,