Partial Offer

[neilk]

Hi all

 

in my claim against barclaycard, they have offered the difference between £12 and the charge at the preliminary stage. I know i can reclaim it all, however, someone drafted a letter on here stating that they have misunderstood the OFT ruling, and that the charge was only a suggestion, but should be determined in the courts.

 

I have spent nearly 4 hours going through posts and using the search facilities trying to find it. I am hoping the poster can repost it here please, or if anyone who remembers the thread can direct me to find it as it was a really good letter.

 

thanks

[Rooster-UK]

Laws and regulations can NOT be changed retroactively.

The £12 was just a suggestion by the OFT

Claim all the unlawful charges regardless of how much they are.

It's all your money. Just follow the guidance in this site and you WILL get it ALL back.

[Rooster-UK]

Sorry, double post.

 

MODS. can you please remove it to tidy the thread ?

 

Ta very much.

[neilk]

thanks, should i amend the LBA letter suit then, as it was due yesterday if i keep to the procedure.

 

i was thinking of sending this

ACCOUNT NUMBER: xxxxxxxxx

 

 

Thank you for your letter giving me a “Goodwill Gesture” refund of £48. However, please note that when the ruling was made by the OFT, they suggested a charge of approximately £12, however they did state that it would be for the courts to decide.

Therefore, I reiterate as per my previous letter, that the regime of 'fees' which you have been applying to my account in relation to, exceeding credit limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

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 as my fiduciary.

 

I calculate that you have taken £160, less the £48 goodwill gesture amount, totalling £112 outstanding. I am enclosing a copy of the schedule of the charges which I am claiming.

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice

 

regards

 

[Rooster-UK]

Hi Neil.

 

I have made a few alterations to your letter, as below.

I think that this should serve your purpose.

 

 

thanks, should i amend the LBA letter suit then, as it was due yesterday if i keep to the procedure.

 

i was thinking of sending this

 

 

 

ACCOUNT NUMBER: xxxxxxxxx

 

Dear Sir,

 

Thank you for your offer of £48 which I will be glad to accept as part-payment, but I must inform you that I will be pursueing the balance. I repeat that only the full amount of £160.00 will be satisfactory.

 

Therefore, I reiterate that the regime of 'fees' which you have been applying to my account in relation to, exceeding credit limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

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 as my fiduciary.

 

I calculate that you have taken £160.00. I am enclosing a copy of the schedule of the charges which I am claiming.

 

I require repayment in full of this money. I will give you 14 days to reflect and consider your position. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice

 

Yours faithfully,

 

 

 

 

 

 

I have removed the reference to the balance of £112.00 because they will almost certainly withdraw the offer on receipt of this letter, so you are, in fact, still pursueing the full amount.

 

I hope that this is helpful to you.

[neilk]

thanks loads.

[Rooster-UK]

Good luck with your claim,