Sayonara vs Evily McEvil Barclayevilcard

[Sayonara]

Hello all!

 

I have very obsessively hoarded all my statements since 1997, so I am in the position of being able to send off my request for a refund of the grand sum of £205 without having to wrestle the mighty microfiche kraken.

 

However, I am a bit confused about the issue of interest. I understand that I am entitled to some compensation here, since Barclaycard have been creaming it off their ill-gotten gains for some years, however having read the interest calculation spreadsheet thread a question springs to mind:

 

Imported says:

If you send the bank a letter before you have given them time to pay up demanding 8% APR they will know that you do not know what you are doing and this will more than likely end up with you NOT getting your money back.

 

So at what point should I mention interest? Since it is provided for in the credit/store card template letter I am now a bit confused.

 

 

I'd appreciate any help with this... I've been poring over these threads for a good few hours and my eyes are sore

 

 

This Barclaymenace refund request is my "personal test case". If it all goes as expected, I'll be going for gold and claiming against my Barclays current account. Which ought to make me much better off... Barclays can pay for my new car, muah ha ha.

 

Shall update as things occur.

[Michael Browne]

There are 2 instances of interest you can claim:

 

1.When you go overdrawn the bank will charge you interest, perfectly lawfully.

 

However, if part of your overdraft is made up of penalty fees, they are also charging you interest on these too and it is this interest which you are entitled to claim back, but it's tricky to separate out from the total interest figure.

 

Vampiress has a spreadsheet, (the advanced one), in the bank templates library, which attempts to calculate this

 

It's quite complex and unless your claim is large may not amount to that much, so for simplicity's sake, some people don't bother

 

This is the interest referred to in the preliminary and LBA letters.

 

2. Section 69 8% interest on your claim, but only when you submit a claim at court. Don't add this interest before moneyclaim

[Sayonara]

Thanks for the swift reply Michael.

 

I am requesting a refund on charges levied against my Barclaycard credit card, and am therefore working on the assumption that (since I know what has been charged, and can prove it) I should start off with the "Credit/Store Card Letter Template".

 

Based on what you said, is it then correct that I should not make any attempt to claim interest until (or "if") the request goes to court?

[Michael Browne]

Well, some of the interest will relate to over the limit or late payment charges, which you can claim back, but to separate it out from the total is tricky, particularly since they charge different rates for purchases and cash withdrwals etc. and since your claim is only £205, I personally wouldn't bother and would just claim the 8% when you file at court.

[Sayonara]

Okay, thanks very much for the advice.

 

I will send my refund request tomorrow and update the thread as soon as I hear from them.

 

[Sayonara]

Dept. LRC

Data Protection Team

Barclaycard

1234 Pavillion Drive

Northampton

NN4 1SG

 

5th September 2006

 

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: 4929 **** **** ****

 

I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken no less than £205 since 5th September 2000. I have listed the relevant penalties below, which you will no doubt wish to confirm against your records.

 

(list of charges and dates)

 

I require repayment in full of this money. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

Yours faithfully,

 

 

Sayonara

 

 

I thought I should post this and see if there are any comments/pointers before I send it. This is my first approach to Barclaycard.

[Michael Browne]

Perfect, it's short enough that they might even read it, lol!!

[Sayonara]

Received a letter from Katrina Downs, Customer Relationship Manager:

 

Dear Sayonara,

 

Thank you for taking the time to contact us regarding the level of service received from Barclaycard.

 

I am very sorry to learn of your dissatisfaction, as the provision of a high level of service is very important to Barclaycard. Your correspondance is being dealt with by this office and we aim to resolve matters by 4th Oct 2006.

 

I want to reassure you that we are dealing with your complaint as quickly as possible, and will investigate all aspects fully. Should you have any immediate queries, please contact us on the telephone number above and I or one of my colleagues wil be happy to assist you.

 

Please see the enclosed leaflet for further information on how we deal wth complaints.

 

Yours sincerely,

 

Robodroid.

So they have sent me the "We Value Your Feedback" leaflet, and given themselves and extra fortnight.

 

Well... that's interesting. That backlog of theirs is a month long now

 

Shall I let them have the extra 2 weeks, or insist on my 14 day timeline?

 

 

Also isn't it interesting how the "You already have your statements? Oh crap." letter is much less condescending than the microfiche letters?

[Michael Browne]

Which is more likely to get results? Your timetable or theirs?

[Sayonara]

I think I err on the side of keeping them under pressure, to be quite honest.

[Sayonara]

I have decided that 4th October actually works better for me.

 

How does this reply to the lovely Katrina look?

 

Katrina Downs

Customer Relationship Manager

C/o Barclaycard

1234 Pavilion Drive

Northampton

NN4 1SG

 

Your Reference: 100*****

 

Dear Katrina,

 

Thank you for your prompt and courteous reply to my letter of the 5th September.

 

I am writing simply to acknowledge receipt, and to confirm for you that I will accept your date of 4th October as a latest date for resolution. I will begin a claim against Barclaycard through the courts on 5th October 2006 if -- by that date -- I have not received written assurance that the full amount will be repaid.

 

Yours sincerely,

 

Sayonara

 

I think it needs a little more bite - I do not want it to look like any kind of retreat.

[lickthewallfatboy]

I think it's totally fine-courteous and right to the point

[miss muppet]

Thanks for that Sayonara and Lickthewallfatboy, you have precisely answered my questions prior to claiming back charges for my husband although as one of the charges dates back to 2001 and lots for 2004 it would have been nice to add interest however if we do have to raise court action that would bump things up, his total is £355. He only owes them around £600.

[Sayonara]

I got a letter from Barclaycard at the expiration of the LBA deadline, which I have paraphrased into something more truthful:

 

Dear Sayonara,

 

We are sorry that we have failed to resolve your complaint to your satisfaction, or indeed done anything at all, within the timescale we awarded ourselves, which was twice the timescale you specified in your Letter Before Action.

 

We thank you for your patience while we string this near-silence out to the 1st November, at which point we will deem the complaint to be resolved and close the file.

 

Yours cheerfully, Barclaycard

 

I'll be launching legal action then. Any tips before I go nuclear?

[miss muppet]

Just go for the the MCOL Sayonara, going from my own very early responses from MBNA & Sainsbury's i.e before the OFT ruling, they will pay up at the last minute. My husband and I(oh dear, hope that doesen't sound too royal) have had a reply from Barclaycard offering an amount of roughly half the amount he claimed (ha ha working to the OFT guidelines of £12.per penalty ) so we replied with the template rejection of settlement and will shortly commence MCOL proceedings. Don't worry, they will roll over!

[Sayonara]

I got the standard "we disagree with your legal analysis" letter this week, and a refund of £79 pounds.

 

I am going to do the standard "thanks for that part payment, look forward to hearing your legal analysis in court" reply.

[Sayonara]

How is this?

 

Dear Carol,

 

 

Thank you for your reply to my letter of the 5th September.

 

 

I am writing to acknowledge receipt of said reply, and the partial refund of £79.00 which you have credited to my Barclaycard account as a goodwill gesture.

 

 

As I am sure you will appreciate, Barclaycard being aware of the information I have provided in my letters is emphatically not synonymous with Barclaycard carrying out its business in a lawful fashion.

 

 

In reply to my first letter on this matter you have given the response “we disagree with your legal analysis”. Since I gave no legal analysis I assume you refer to the position that Barclaycard has made penalty charges which are deemed unfair due to the Unfair Clauses (Contracts) Act. In such a case your response is simply a deflection which explains nothing.

 

 

Since Barclaycard insists that its charges are both fair and transparent, I would have expected the issue to be explained with both enthusiasm and sincerity. Need I point out that the transparency of such charges is irrelevant if it cannot or will not be shown that they are compliant with the Unfair Clauses Act? I require either a full refund of all penalty charges which I deem to be unfair under the act, or a genuine breakdown of the reasons for such high charges.

 

 

I would further draw your attention to the fact that the Office of Fair Trading has at no time recommended a proportionate and fair administrative charge of £12.00. As I am sure your department is acutely aware, a charge of £12.00 is the point at which the OFT recommend consumers take legal action against creditors making such charges. They have also stated that charges below this level may still be considered unfair under the pertinent acts.

 

 

Bearing this in mind then, it seems reasonable that – since Barclaycard is now retrospectively charging me £12.00 per infraction – I heed the advice of the OFT, and continue with the small claims route. This will doubtless provide Barclaycard with an opportunity to demonstrate their legal analysis in a more formal setting.

 

 

I will accept your refund of £79.00 only as a part payment, and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

 

Failure to comply within ten working days of receipt of this letter will result in a claim against Barclaycard for the full amount plus interest, plus my costs, without further notice. There will be no extension to this time scale.

 

 

 

Yours sincerely,

 

 

 

Sayonara xxxxxxx

[Michael Browne]

Nice.