whufc77 Vs Barclaycard (partial refund only)! PLEASE HELP!

[whufc77]

Hi all

 

 

i have gone down the usual road of data request, and rquest for repayment of charges for £642.61!

 

However Barclaycard's response was that 'AS A GESTURE OF GOOD WILL AND WITHOUT ANY ADMISSION OF LIABILLITY, BARCLAYCARD IS PREPARED TO CREDIT MY ACCOUNT WITH THE DIFFERENCE BETWEEN THE CHARGES I HAVE INCURRED AND THE £12 FEE RECOMMENDED BY THE (OFT) OFFICE OF FAIR TRADING. IN ACCORDANCE WITH THE CHARGES INCURRED ON MY ACCOUNT , THIS WOULD AMMOUNT TO £300!

 

Susequently leaving me out of pocket! MY QUESTION IS I KNOW I HAVE TO ACCEPT THIS AS A 'PARTAIL PAYMENT' BUT I AM NOT SURE HOW TO WRITE BACK TO THEM AND DEMAND THE REST? do i have to send a LBA or is there another letter template i can use.....

 

Thanks all for helping,

 

 

P.S I WILL DONATE 5% TO THIS SITE ONCE MY FULL CHARGES HAVE BEEN RECOVERED

 

WHUFC77

[Warms]

S'up whufc77

 

Look what I dug up for you:

http://www.consumeractiongroup.co.uk/forum/showpost.php?p=18539&postcount=8

 

Maybe you'd like to modify that for yourself?

 

Good luck!

[bobinramsey]

I have been searching for hours to find a "Thanks for your offer" letter to plagarise, without success. So I wrote my own, which if you like it, by all means use it.

 

Carol Jones

Customer Relationship Manager

Barclaycard

PO Box 599

Manchester

M60 3NF

 

 

21st July 2006

 

 

ACCOUNT NUMBER: XXXX XXXX XXXX XXXX

Your ref; XXXXXXXX

 

 

Dear Carol Jones,

thank you for your letter dated 18 July 2006, which I received today.

You raised several points in your letter which need to be addressed.

 

You claim that your charges are fair and transparent.

I claim that they are excessive and unlawful, and as you have not provided me with any justification, or breakdown of costs, for the level of your charges. I find no reason to believe your claim that they are fair.

 

You inform me that you disagree with my legal analysis of case law which I have outlined in previous correspondence.

That is your right, and only a judge can decide which of us is correct.

 

You state that the OFT recommended a fee of £12.00.

This is incorrect, I suggest that you study the report in more detail,

Extract from an OFT Press Release:

"Where charges are set at more than £12, the OFT will presume that they are unfair, and is likely to challenge the charge unless there are limited, exceptional business factors in play. A default charge is not fair simply because it is below £12".

You state that I may ultimately become eligible to refer to the Financial Ombudsman Service

This is completely irrelevant as this is a legal matter which I believe will be heard in the small claims court, as the amount I am claiming is well under the £5000.00 threshold for that track.

 

You have offered a sum of £XXX.00 as a goodwill gesture.

I will be pleased to accept £XXX.00 and would obviously subtract that amount from my impending court action against you. For your information, that will result in my claiming for £XXX.00 plus costs plus interest.

 

I had intended to start proceedings against you on 25th July 2006 iaw my letter dated 26th June 2006. In light of your letter and to enable us to settle this matter without legal action, I have decided to allow you a further 7 days to consider your position.

 

I therefore require, by Tuesday 1st Aug 2006:-

A commitment from you that £XXX.00 will still be credited to my account, in which case my claim will be for £XXX.00 plus costs and interest.

Or;

If no such commitment is received by 1st Aug 2006, my claim will be for £XXX.00 plus cost and interest.

Or;

A commitment from you by 1st Aug 2006, that you will settle my claim for £XXX.00 in full, in which case I will not start proceedings against you.

 

I look forward to hearing from you before 1st Aug 2006

[whufc77]

thank you very much you guys will be in touch when i recieve my reply! once again thankyou!

 

!!!!power to the people!!!!

[arwenboddy]

Hi All

 

I received a reply from Carol Jones on the 3rd September offering me a 'partial' refund.

 

After looking over Warms' reply and Bobinramsey's responses I can't help feeling that Warms' is closest to the best response required. The offer letter say's "as a goodwill gesture and without any admission of liability Barclaycard is prepared to credit your account ........."

 

Surely, saying that you accept the offered amount but will be claiming the rest anyway you have agreed that they do not accept any admission of liability?

 

Clever approach, tempting people with a figure of perhaps half of what they claim.

 

What do you all think?

 

Angela

[Sayonara]

Surely, saying that you accept the offered amount but will be claiming the rest anyway you have agreed that they do not accept any admission of liability?

I think they mean to say that their willingness to pay the "goodwill gesture" does not constitute admission of liability for any further costs. Accepting or declining the offer does not by any means indicate that the claimant releases Barclaycard from further liability, unless the claimant explicitly states as much in their response.

 

Of course, we know that they are only making the counter-offer because they will ultimately lose, so the admission of liability is implied anyway

[bobinramsey]

WHUFC

Did you accept their partial refund and are you going after the rest?