bearing v Barclays Partner Finance ***CASE WON*** probably !!

[slick132]

Hi Bearing,

 

This is for a personal loan a/c I assume but please confirm.

 

[slick132]

£12 or £22.50 - you can reclaim whatever they've charged you, in full.

 

And because of the type of account this is, you can reclaim it all now. You don't have to wait for the OFT test case to end.

[slick132]

Yup

 

[slick132]

Hi Bearing,

 

They have 40 days to comply with your SAR. If they fail to meet this, you send an LBA threatening court action to force compliance re the SAR.

 

If that doesn't work, you file at court to get an order for the data to be supplied.

 

See items 18, 19 and 20 here - The Consumer Forums - Bank charges templates (consumer)

 

They'll usually get the data to you but maybe a week or two late.

[slick132]

Hi Bearing,

 

If B's decide to repay the charges voluntarily, Statutory Interest won't come into the equation. This can only be added to the amount claimed WHEN you file your claim at court.

 

If you're up for a fight, claim Contractual Interest from them. Depending on how old the charges are, you could benefit considerably.

 

They'll refuse to pay and you'll have to take them to court, do court bundles, Witness Statement, etc. But it could make a big difference when the agree to settle before the court hearing.

 

Use this to calculate the earliest charges using, say, 27.9% - Compound interest calculator

[slick132]

Yes apart from:-

 

from my account between the dates XX through XX

..... which is an Americanism.

[slick132]

See here and use the most appropriate letter for your case - http://www.consumerforums.com/resources/templates-library/48-bank-templates/139-rejecting-offers-

 

[slick132]

You should also include your SOC setting out all the charges which you require to be repaid.

 

Give them 14 days to do this and then file a claim at court.

 

Consider claiming interest in restitution .

[slick132]

The letter looks fine.

 

If you want to claim interest in Restitution, you should ask for it now and include it on the SOC. They won't pay this voluntarily and you'll have to file at court and take it right up to a final hearing date, before they cave in and settle.

 

Use an advanced spreadsheet - the one in the Interest Tutorial will do. See Link No6 in my signature below.

[slick132]

No, you're missing the point. They've had your money and have used it as part of their business capital on which they have earned money.

 

Read Link No6 in my sig're - the section about interest in restitution.

[slick132]

Hi Bearing,

 

In this instance, I'd file the court claim immediately - at least that way you'll get the full amount of s.69 Statutory Int't from the date of each charge.

 

File at your local court using form N1 - http://www.consumerforums.com/resources/templates-library/48-bank-templates/113-4-particulars-of-claim-n1-updated-version-now-available See the downloadable N1 in pdf format towards the bottom of the thread.

 

Adapt this POC to reflect that your claim is against Barclays Bank PLC t/a Barclays Partner Finance, and that you're claiming back penalty charges on a fixed sum loan. http://www.consumerforums.com/resources/templates-library/48-bank-templates/120-zootscoot

[slick132]

Before either a court hearing or a tel con to discuss settling with Barclays, have an up to date SOC showing all charges to date, so you have clear figures to agree.

 

You'll need details of any recent charges that have been added.

[slick132]

Write a quick letter to Mercers if they contact you, to say:-

 

Please do not involve yourself in this matter. The a/c is in dispute with BPF concerning penalty charges and all collection activity must cease.

If you contact me again, you'll be in breach of the OFT Debt Collection Guidelines and will be reported to the FOS for investigation.

Your claim remains with BPF. They've not sold the a/c - Mercers are just Barclays and Barclaycard's in-house collection monkeys.

[slick132]

As you are disputing penalty charges but not the credit agreement itself, you don't have the protection of the CCA1974 for an a/c in dispute.

 

You do, however, have the OFT Debt Collection Guidelines but this doesn't stop the addition of charges and/or interest to the a/c.

 

[slick132]

Hi Bearing,

 

Have a look here for info about defaults - http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/

 

You SHOULD be concerned about this. Although they shouldn't place a default against you, they may still do so, despite the a/c being in dispute.

 

Reply to Mercers confirming that you will take action against BC/Mercers if any default is made while the a/c is in clear dispute.

[slick132]

Check out the Default Issues forum.

 

I think the DN is wrong as it doesn't show BPF's name and address, for starters.

[slick132]

Hi Bearing ,

 

The name and address in post #47 are correct.

 

Deal with the manner of payment (cheque or credit to the a/c) when negotiating re settlement. Is the loan still running and are pay'ts up to date on it.

 

The example N1's on the site should give you adequate guidance but, if you want to, post the N1 here before it goes to court. Hide all personal data first !!

[slick132]

Ah, OK.

 

Get the claim in and the rest will follow.

 

When it comes to negotiating the settlement, you can insist on a cheque refund or a credit to a bank a/c of your choice.

 

Barclays will say the pay't should go to the loan a/c but you'll refuse to accept this, saying you'll not discontinue your claim until you receive pay't in the manner acceptable to you.

[slick132]

Hi Bearing,

 

Is it clear from a/c statements whether or not BPF have added interest on the a/c balance INCLUDING penalty charges which they've made.

 

If they have, you should claim interest at their contractual rate, regardless of whether you've paid the a/c up to date.

[slick132]

So penalty charges have been added to the a/c but no interest applied thereon ?

 

In this case, just claim each penalty charge and claim 8% s.69 Int't from the charge date, as per the spreadsheet.

 

Re the POC you've posted, as this is a Fixed Sum Loan, Section 8 (a), (b),and © need re-wording. As with all site templates and letters, you must adapt them to suit your individual case.

 

[slick132]

That looks fine to me.

 

[slick132]

Hi Bearing,

 

On the front page, under Value you've put the entries correctly BUT, under the TOTAL figure, there should read the following:-

 

"Plus interest pursuant to s.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £0.xxp** per day OR at such rate and for such period as the court deems just."

 

**The figure you enter here is Charges x 0.00022 = pence per day

 

Eg, if your charges are £1,950, the daily rate is 1,950 x 0.00022 = 43p/day.

[slick132]

Yes.

 

Yes.

 

[slick132]

Personally, I'd not worry about adding anything to para 18 as this can be adequately dealt with when negotiating settlement.

 

Otherwise, it looks fine.

[slick132]

Keep it all loose and sort it out as the court staff suggest.