Meerkat gets chased by BC, then Mercers, now Calder!

[slick132]

MKM,

 

Are you talking here about your claim or your mum's.

 

Let me know by PM which, if any, of the posts here should be moved to your own BC thread.

[meerkatsmimm]

If you would move posts 20-onwards to my BC thread please Slick - sorry for the confusion, was trying to clear things up for Shadow but made it worse!

 

Thanks, meerkat x

[meerkatsmimm]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/195268-re-mercers-pretend-t.html

 

Thats the link - could I also ask you to change the title of that thread to:

 

'meerkat gets chased by BC, then Mercers, now Calder!'

 

Thanks and apologies again.

[slick132]

Posts taken off Mum's thread and onto here. And title changed.

 

How have you calculated the interest which you say triples the charges claim - ie what type of interest and at what rate.

 

I think you'd have to reject the payment received already. Going to court for the extra interest alone may be risky as BC will say they repaid what you, in full.

 

If a judge felt you were now being greedy, you may be exposed to BC's costs.

 

Approx how much did they repay in charges.

[the_shadow]

Having read what I think is this thread (still confused, sorry my fault I expect) I would go along with what Slick has said..

 

If you want the interest and the money direct, you need to advise Barclaycard that despite them directly paying into the account you reject there offer of repayment and now seek the repayment plus interest (either stat or contractual) forthwith paid DIRECT to yourself via cheque.

 

Just my opinion

 

S.

[meerkatsmimm]

Hi Guys,

 

OK, the claim was for around the £300 mark and once we added statutory at 8% plus contractual at 29.9% it pretty much tripled it.

 

I have read recently (think it was Beachy's thread) that she has been able to claim contractual and stat from them and they paid up asap.

 

The letter has went out rejecting their initial offer and again asking for the full amount to be paid to us directly.

 

I would hope if it ever went to court that any judge would view them refunding an unfair charges repayment to an account that they continue to add monthly charges and interest on, when the customer is in extreme hardship, as being foolish on their part.

 

Agree with you both though, so letter is on its way to them.

 

meerkat x

[slick132]

Hi MKM,

 

The problem is that, if you claim the higher rates of int't from them:-

 

1. They won't repay voluntarily.

2. You'll have to file a court claim, AQ and file a full court bundle.

3. They'll defend all the way until a court date and probably pay just before a final hearing.

4. They'll put you under pressure by denying you're entitled to the interest you claim, threatening you with court costs, etc.

5. This process could take 3 to 6 months and maybe more.

 

You should bear this in mind before pursuing the higher interest, particularly as BC will say they repaid what was asked for, in full.