BL10 v Barclaycard...

[bl10]

Hi,

 

Am I right in thinking to claim charges with compound interest, I'd need to file in Court as it's only the standard interest they're paying back voluntarily?

 

Also, can I still claim for charges even tho' I've fired off a Formal Complaint / In Dispute letter to their responses (I've already CCA'd & SAR'd).....or have I boobed?

 

Cheers.

[BankFodder]

They aren't paying any interest voluntarily. You will have to go to court to get anything over your actual charges. The most interesting thing to claim for is: restitutionary damagesalthough some of theteam prefer the idea of compound interest. Check them both out.

 

You haven't booked at all. Don't worry about your formal complaint. Get claiming through the courts. It is the most effective way to get your money back plus something on top.

[bl10]

Thanks for the reply....

 

Possibly worded my question in the wrong way....

 

I've already claimed charges (plus interset) on another BC account. I used the spreadsheet / interest calculator via the Martin Lewis site (sorry, couldn't get to grips with the one on here) and BC paid me in full (well over a grand, £200+ of which was interest).....one SAR then a reclaim charges letter direct to BC....

 

Anyway, any links available that I can have a look at regarding this compound interest, please?.....how it works....how to add it up etc etc....

 

Many thanks.

[slick132]

So this is a new claim, for charges on an a/c that you haven't yet claimed for.

 

Read the Interest Tutorial linked in my signature. It explains about claiming interest and has a useful spreadsheet too.

 

You'll have to claim this from BC from the start. If you've already started a claim, start again claiming interest in restitution in your prelim claim letter.

[bl10]

Hi (again) Slick...

 

Yeah, my other account with BC.....I've CCA'd & SAR'd it & sent them a Formal Complaint letter. I've been reading loads of threads and, in truth, Ive no idea where to go next:-|

 

One minute I want to try the interest route then I read noomill060's thread where he went to Court in NI and won (brilliant thread, that).

 

If I fire off an Account In Dispute letter, what then? How long does it go on for? They won't take any notice and continue as before via Mercers etc.

 

I don't know the legal side of things here in Scotland in relation to asking for the agreement; I was told this CPR thing is a non-excistant resolution via a Sheriff Court up here? Or can I use an English one anyway?

 

More than baffled, as you can tell.......any advice on what to do greatly appreciated.

[slick132]

Best not to confuse the 2 issues here.

 

1. BC's failure to supply a copy of your credit agreement.

 

I have not heard of a Scottish equivalent of the CPR strategy to get sight of your agreement. If you've sent an "A/c in Dispute" letter, you can stop paying and wait for BC to make the next move.

 

2. Penalty Charges on the account

 

You can reclaim any penalty charges made to the a/c. They'll repay these without much delay.

 

If you claim interest in restitution on top, they'll refuse to pay so you'll have to file a claim at court and deal with all the associated formalities, ie court fees, Allocation Questionnaire and Draft Directions, Court Bundle and Witness Statement. BC will normally cave in after some last minute scare tactics, and pay up just before the full court hearing.

 

Depending on the age of the charges, the financial rewards can be very significant.

[bl10]

Thanks for that....

 

I haven't read (in the Scottish sections) anybody taking BC to Court up here let alone any success stories so I'm guessing option 1's out...

 

The charges amount to over 800, so if they pay back as quickly as they did on the other account, then it's a start...............but it still leaves a hefty amount to try and pay off........anyway, I'll have a think......

 

Cheers.

[bl10]

Hi,

 

Need advice, please.

 

Had letters / calls from Mercers. Also received a letter from Power2 Connect?? threatening a doorstep visit. I actually spoke to Mercers, told them I was waiting on my CCA (from June) and therefore hadn't made a payment.

 

They said I was entitled to it, couldn't understand why I hadn't received it, then bizarrely said I didn't need to make a payment just now and that they're putting the account on hold for 7 days.

 

I've then received a card from P2C - they'd been to the door. When I called them back, he said it had been a mistake as B/C had now cancelled the visit, apologised, and said I was to ignore the card on the door.

 

So, what letters (if any) can I fire off to this P2C mob and B/C?

 

Thanks in advance.

[slick132]

Hi Bl,

 

Take a look here. It sholuld be all you need to prepare for any visit - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

 

[the_shadow]

 

They said I was entitled to it, couldn't understand why I hadn't received it, then bizarrely said I didn't need to make a payment just now and that they're putting the account on hold for 7 days.

.

 

Expect to get a copy of Barclays t&c in the post to "satisfy" that s78 request

 

S.

[bl10]

Thanks for the replies.

 

The account's in dispute, so are there no strongly-worded letters I'm entitled to send to both B/C and P2C or are they quite within their rights?

 

Don't know anything about P2C. When I phoned the P2C worker who'd left a card on my doorstep to tell him about the dispute, he said they have no prior knowledge of any accounts - their job is just to turn up at a door, call B/C, then hand the phone over to the person they want to talk to......

 

Any advice or anybody got any similar experience?

 

Thanks.

[slick132]

Hi BL,

 

You could adapt and use this letter but, be aware, BC will ignore it as they do most communications:-

 

Dear xxxxx

 

Your Ref xxxxxx

 

I do not acknowledge any debt to your company or to any company you claim to represent.

 

A request for my Consumer Credit Agreement (Consumer Credit Act, 1974) was received by xxxxxxx (name of company) on xx/xx/xx. Since they are now in serious fault of a legal request, I can only assume that xxxxxxx have either failed to inform you before supplying instructions to contact me or, have failed to inform you you before your purchase of this account; in which case, they would not be your clients in the sense that you imply. I therefore suggest that you liaise with xxxxxxx before contacting me again.

 

In the meantime, please be aware that no action can be taken against a disputed account and this includes the following :

You/your "client" may not demand any payment on the account, nor am I obliged to offer any payment to you.

You/your "client may not add any further interest or charges to the account.

You/your client may not pass the account to any third party.

You/your "client" may not register any information in respect of the account with any of the credit reference agencies.

You/your "client" may not issue a default notice related to the account.

In addition, please be aware that your recent telephone calls(delete if N/A) and letter to my home could, under the Administration of Justice Act 1970 section 40, be construed as unlawful harassment in the absence of such an Agreement. As you claim in your letter to have been "instructed" by xxxxxxx, please note that any court claim regarding harassment would be brought against both xxxxxxx and yourselves should this be necessary; since you would be complicit in this action (delete if N/A).

 

You may therefore consider this letter a statutory notice under Section 10 of the Data Protection Act 1998 to cease processing any data in relation to this account with immediate effect. This means that you must remove all information regarding this account from your own internal records and from any records with any credit reference agencies. Should you refuse to comply, you must within 14 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a legal right; you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

I look forward to a favourable response within 14 days of the date of this letter, informing me that on this occasion you have made a genuine mistake and that you files are now closed. Failure to respond favourably, however, will result in me reporting this matter to The FOS, Trading Standards, The Office of Fair Trading and any other authorities as I see fit.

I look forward to your reply in due course.

Yours faithfully,

As far as P2C are concerned, they pose no threat and should be ignored. Just follow the advice I gave about them in post #9 above. You DON'T have to speak to them if they turn up, or BC on the phone.