barclaycard help needed

[whipsey]

i currently owe 733.04 to my barclaycard which had a limit of 300 am i still able to apply for a refund of excessive charges now that the banks etc have won in court?

[MandM]

i currently owe 733.04 to my barclaycard which had a limit of 300 am i still able to apply for a refund of excessive charges now that the banks etc have won in court?

 

Firstly, the banks have not won in court (have a read around the forums).

 

Secondly, the Supreme Court case was not to do with credit cards but bank charges I believe.

 

Hope this helps,

 

M

[whipsey]

that helps a lot thank you

[maroondevo52]

Hi, whipsey.

 

Like MandM says, the test case had nothing to do with Credit Cards, get your claim in.

 

 

Regards.

 

Scott.

[MandM]

Hi Whipsey, posted on your other thread.

 

M

[slick132]

Hi Whipsey,

 

I see you started the reclaiming process long ago but didn't follow it up. If you are going to do this now, stick to your deadlines and follow up any threats with positive action.

 

Start the process from scratch. Get all your statements together and, if you are missing any, send off a SAR with the £10 to get them from BC.

 

Use this letter as your Prelim and your LBA, adapted as nec'y.

 

Decide if you just want the charges back, or you want to claim the charges plus interest at BC's contractual rate. Read up on this in the Interest Tutorial in my signature below.

 

If you just want the charges back, BC will refund them in full without you having to file at court.

 

If you want contractual interest, you'll have to file a court claim, pay court fees (reclaimable) and prepare your evidence or Court Bundle. The financial rewards can be significant.

 

It may help you decide if you calculate the contractual interest using the spreadsheet mentioned in the Int't Tutorial (under the heading Credit Cards), so you can see how much more you can claim.

 

BC will refuse to pay all the way up to a court hearing but will usually back down and cough up.

[whipsey]

yeah it kinda got put on the sideline last time as i had a lot of funerals etc to deal with in a short space of time but im fired up and ready to sort this out now

[whipsey]

right the diary is sorted and my sar request for barclays is in my hand let the fun begin

[slick132]

Never mind in your hand !!

 

Get it posted off.

 

[whipsey]

posted yesterday

 

quick question if i beleive the amount is in dispute can i hold off any debt collection action until it is sorted?

[MandM]

Hi whipsey.

 

Why do you believe the amount is in dispute? (out of interest)

 

M

[whipsey]

my limit on this card was only 300 as i kept itlow but i currently owe 733 on there and can't work out how it got to that

[MandM]

Sorry whipsey, just had a read back through the thread so back up to speed now .

 

I see Slick said to adapt the letter to use it as your LBA, which sounds pretty terminal . (I really should read back further lol) so as the amount is in dispute. There is a letter in the template libraries I believe which should cover this. You OK finding one?

 

M

[MandM]

Tuck this away somewhere safe. For your future use

 

M

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

[slick132]

When you get the SAR response, you should be able to see how the a/c balance got to it's present level.

 

The a/c is not in dispute yet as there is no claim underway and no CCA request or SAR deadline has passed.

 

If you don't make monthly payments to the a/c, the debt collection monkeys will be on your back.

Edited December 15, 2009 by slick132
typo

[MandM]

When you get the SAR response, you should be able to see how the a/c balance got to it's present level.

 

The a/c is not in dispute yet as there is no claim underway and no CCA request or SAR deadline has passed.

 

If you don't make monthly payments to the ac/, the debt collection monkeys will be on your back.

 

My apologies, I assumed (wrongly) that you were beyond CCA request stage.

 

M

[whipsey]

right my statements arrived yesterday and my letter to reclaim the charges was sent away this morning totalling £688

lets hope they pay up

[slick132]

They may well make a lower offer initially but will change their tune quickly enough when you make the right response.

 

[whipsey]

right i'm still gettin no where with this and am ready to send off a claim to the court but cant find the section on how to do this i remember using moneyclaim online but not sure what to write on it any help will be appreciated

[slick132]

Can you tell us what's happened since your last post. Did you claim back the charges alone or with contractual interest on top.

 

How did BC respond.

 

Don't use MCOL if you can avoid it - issue proceedings at your local county court. Use the BC POC's linked in the Stickies.

[letsdothis]

Have a read of my thread if you need any more help just ask.

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/259192-aquacard-cave.html

 

BC settled in full all the charges, plus contractual interest, not even a court claim in sight.