ajs444 v Barclaycard ***WON - Settlement agreed***

[slick132]

Noted.

 

Just have to see now if they agree to refund charges beyond 6 years. They normally refuse, leaving court action as the only option.

 

Let us know.

[ajs444]

Well they have credited my account with £1115.85 and have asked me to supply older statements so they can review the charges on them.

So a victory just now with maybe more to come.

[slick132]

If you accept the offer now, this means your outstanding claim will consist purely of charges over 6 years old and compound interest thereon.

 

Your court claim would have a better chance if it includes older AND more current charges.

 

BC HAVE the data for older charges - they are checking to see if you have it too.

 

I think you should decide whether to :-

 

1. Just accept what they've offered now, and hope they will repay the older chgs when you show you have the data.

 

2. Reject their offer.

 

Tell them to take back the refund or, if they fail to, you accept it only as a payment on account of the total claimed.

 

Send them an updated spready and give them 14 days to refund the balance.

 

Confirm that you know they have access to the data about older charges and, if they don't refund within the 14 days, you'll file a court claim without further warning.

 

We know they have access to the older data from users who have pressed for it with court action. It is held in at least 2 forms of retrievable data. It may not be held as copy statements but they most certainly have full data about the date and amount of default charges.

 

[ajs444]

Hi Slick, I know what you are saying, but after seeing what happened to Still_surviving with Capital One and his loss over claiming past 6 years, I am looking at anything further as being a bonus.

I am just wondering how long it will be before the other CC companies latch on to what has happened.

I have a case running with Capone also which is at LBA stage, Barclaycard did not need that level of threat.

[slick132]

Hi AJS,

 

SS's defeat by CapOne was just one case. They got lucky with the judge deciding that the charges over 6 years were Statute Barred. The case does NOT set any precedent.

 

BC have, so far, shown very little desire to take any case into court.

 

I suggest you write to them with evidence of the 2004 charges saying you seek payment of the extra approx £400 in charges and int't.

 

You can add that you know BC have access to data for 2004 and earlier in various forms, BUT you are willing to settle if they refund the £400 on top of the £1,115.85. This will avoid you both spending further time and costs by taking the claim to court.

 

How does that sound.

 

[ajs444]

Yes, Getting earlier statements photocopied just now and will send them back with covering letter.

 

Capital One are taking up most of my time just now having just issued an LBA against them going back six years initially.

[ajs444]

Well final response from Barclaycard today.

 

Not paying out any further than 6 years, so i can go and sing for it, they state:-

 

The charges applied to your account before April 2005 are not recoverable. They are time barred under the Limitation Act 1980, as over 6 years have elapsed from the cause of action. You claim however, that you are entitled to recovery of these charges as you have received statements from Barclaycard for that period.

 

End of message, will just have to be happy with the £1000+ that I got back.

[slick132]

So now it's up to you:-

 

1. Accept what they say and what they offer, then move on.

 

2. You've already sent them a LBA and we know they had access to the data re older charges. So file your Claim at your local County Court. There's no point in arguing with them further. Your actions will say all you need for now.

 

[ajs444]

Have decided just to accept the £1000+ that they paid into my account, has taken a sizeable chunk off the balance, so a kind of victory.

 

Anyway onwards and upwards, Capone next.

[slick132]

Hi Ajs,

 

Most definitely a VICTORY and Big Congrats to you.

 

Thread title changed to reflect your win.