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Villafan -v- Barclaycard


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I first started trying to reclaim my hubby's charges in February 2007. Went through the normal route & they refunded the difference between £20 & £12 charges crediting his account with £164 as he still had an outstanding balance. Didn't pursue it any further at that time but later that year he received an offer from them & I quote

 

"Pay £1,502 which is 75% of your total balance , in a lump sum or in three instalments of £501 and we will consider your account settled in full, closed and with all the records updated accordingly"

 

There were 2 other options aswell....pay £xxx & we will credit your account with £124 or £46

 

As we had just completed the sale of our house we decided to pay the settlement amount of £1502 and received a letter confirming the payment.

 

Earlier this year I decided to re-visit my claim and thought I'd do hubby's at the same time. I re-did the schedule and sent off a letter requesting a refund of the remaining charges. They responded straightaway saying as a gesture of goodwill they have credited his Barclaycard account with a further £440. We wrote back pointing out that the account had been settled and was infact closed and asked that they issue the refund by cheque instead. They responded to this saying they are unable to issue a cheque as "you hold an outstanding balance". In my eyes this statement completely contradicted the terms of their offer so we again wrote back pointing this out to them and again requested a cheque. The 14 days has now expired & they haven't responded.

 

Can anyone help me.....do you think we are pushing our luck with this one or are we justified in pursuing it further? :-?

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Hi VF,

 

For starters, you are entitled to a full refund of each and every penalty charge, not just the difference between £20 and £12.

 

So have you now received a full refund of all penalty chgs on the a/c over the last 6 years.

 

I'm going to seek advice about whether they can keep the £440 latest refund, even after the a/c was closed with a F&F settlement.

 

We'll come back on this. :)

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It seems they are doing a "Citi"

You are entitled to 100% unless they have given you a breakdown to prove their costs (which we know they wont have done)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi Slick

 

Thanks for your response. We have received a full refund now albeit that they've credited the final £440 to a closed Barclaycard account. They are saying they can not issue us with a cheque because there is still an outstanding balance on the account.

 

My arguement is that there isn't an outstanding balance because when they offered the settlement their wording was that they would

 

"consider your account settled in full, closed and with all the records updated accordingly"

 

I'm just not sure whether to pursue it any further!

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an account can't be closed unless the balance is paid off, so if like you say it was closed, then the balance must have been cleared, doesnt matter if you cleared it or they did.

 

I would wait for conformation from a site adviser, but I would think that untill you get the money in such a way so you can actually use it, you should just carry your claim on as normall. so maybe go for the lba!

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Hi VF,

 

You must have already sent BC a Prelim Claim letter for the refund, so I suggest you now send an LBA as follows. Send it to the office that last wrote to you and keep the proof of posting.

 

Dear Sir or Madam,

 

Letter Before Action

Account No xxxxx

 

I refer to your letter of xxdate in which you refused to refund penalty charges of £440 direct to me because of an outstanding balance on the account.

 

I must disagree with your stance and remind you that you said in your letter of xxdate, "We will consider your account settled in full, closed and with all the records updated accordingly."

 

The penalty charges I am reclaiming are unlawful and I am entitled to a full refund of them. I do not have to accept you taking them as a further payment into a closed and settled account.

 

Accordingly, you now have 14 days to refund this amount to me by cheque.

 

If you fail to comply, I will issue County Court proceedings against you seeking a full refund, interest and court fees, without further notice.

 

Yours faithfully,

 

If you have to issue a court claim, you'll use a different name and address for them bt we'll d/w this if/when nec'y. :)

Edited by slick132
  • Haha 1

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H VF,

 

If it's not too late, please note I have now added LBA to the heading in the above letter.

 

Doh !!

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D1cky,

 

I've already looked in, in response to a similar request left on your own thread. Send a PM rather than hijack others' threads please.

 

Thanks :)

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