West V Barclaycard

[west]

Hiya I am just about to start my claim with Barclaycard, can anyone confirm the address I need to send my DPA letter to as in the contact details bit there are about 4 or 5 different address so I do not know which one is best to use.

Thanks

[Bookworm]

The Radbroke Hall, Knutford, Cheshire, one.

[west]

Thank you, will get going on that then.

[west]

I have just received my statements from Barclaycard, should I send my prelim letter to the same address as my DPA or to the one that is on their reply letter which is

Barclaycard

P.O. box 599

Manchester

M60 3NF

[AndyE]

I sent mine to both the 1234 Pavilion Drive address and to the Customer relations address in Manchester. Acknowledged by Manchester, nothing heard at all from Northampton.

[west]

I'll use that one then, Thanks

 

Prelim will be sent on Monday!! for mine and my husbands accounts!

[west]

I have today had a reply from Barclaycard to my prelim letter, offering me £80.00, the claim is for £200.00 they say in their letter that as a goodwill gesture they will credit my account with the £80.00 which is the difference between the charges I have incurred and the £12.00 fee recommended by the OFT. Should I now send my LBA letter, even though it hasn't been 2 weeks yet since the Prelim was sent or does that not matter now they have replied to that now? If I should send the LBA should I put in it about the £80.00 anywhere?

[AndyE]

I'd drop them a reply asap saying that any payment made will be accepted as part settlement only, then continue with the timetable. If it ever gets to court you want to show that you've been as reasonable as possible.

 

In your LBA say that you're claiming for the full amount less any payment received as goodwill, that's if you've had a payment by then.

[west]

So send a seperate letter now accepting that as part settlement and then on 2nd of October send the LBA (as my prelim was sent on 18th Sept

[AndyE]

So send a seperate letter now accepting that as part settlement and then on 2nd of October send the LBA (as my prelim was sent on 18th Sept

 

I would. The law about accepting an offer of full payment as part-payment turns on the facts in each case. In a nutshell the effect of the law is that you need to be explicit that an offer is accepted as part-payment only and that you need to let the debtor know this as quickly as possible. Case law suggests that a maximum delay between your receipt of payment and you letting the debtor know that you accept it as part payment only is about 5 days.

[west]

Thats great thanks for your help

[west]

I have today received a reply to my letter rejecting the £80.00 as full settlement basically saying, they note I am dissatisfied with their offer to refund £80.00, but their position remains the same and they are not prepared to consider any further refund....etc etc....

Is this the normal for barclaycard?? I have had a look around other peoples threads but can't really see anything about a letter like this.

I am due to send my LBA on 2nd October, do you think I am actually going to get the full amount out of them or is £80.00 all I will get??

[AndyE]

I have today received a reply to my letter rejecting the £80.00 as full settlement basically saying, they note I am dissatisfied with their offer to refund £80.00, but their position remains the same and they are not prepared to consider any further refund....etc etc....

Is this the normal for barclaycard?? I have had a look around other peoples threads but can't really see anything about a letter like this.

I am due to send my LBA on 2nd October, do you think I am actually going to get the full amount out of them or is £80.00 all I will get??

 

That's the letter I got (shortly followed by a cheque for their offer), I've just started proceedings, so we'll see how it all unfolds...

[west]

Ok, thanks for that I will keep an eye on how you get on!!!

[west]

I am about to put in a claim with moneyclaim against Barclaycard, just a quick question I am not sure if anyone can help, but on the MBNA section people at their office dealing with the return of charges are adding the interest amount to your claim at whatever you are paying on your card, which obviousley amounts to alot more than the 8%, can I claim the percentage being charged on my Barclaycard instead of just the 8%

[noomill060]

As I understand it, yes, you can claim the interest back at the contractual rate.

 

Its harder to work out and you also need to claim the 8% as a default back up as well.

 

Keep reading these threads for more precise information on how to go about that.

[west]

Is there anyone that can help me with the contractual rate as I have been over and over different things and have just confused myself now. Is there a spreadsheet that works out the contractual interest.

[west]

Hiya I am just about to enter my claim with moneyclaim online, just a quick question, I was originally claiming £260.00 but barclaycard have paid up £104.00 so when I am entering the particulars of claim do I now just put in the remainder of £156.00?? and the interest amount do I calculate it on the total amount of £260.00 and lastly when I enclose the schedule of charges to the court do I list them all and perhaps add a note to say they have paid up £104.00?? Sorry so many questions but I am getting really confused now... Halifax were so easy compared to this!!!

[AndyE]

Hiya I am just about to enter my claim with moneyclaim online, just a quick question, I was originally claiming £260.00 but barclaycard have paid up £104.00 so when I am entering the particulars of claim do I now just put in the remainder of £156.00??

 

Yes ,

 

and the interest amount do I calculate it on the total amount of £260.00

 

Yes,

 

and lastly when I enclose the schedule of charges to the court do I list them all and perhaps add a note to say they have paid up £104.00??

Yes!

 

Sorry so many questions but I am getting really confused now... Halifax were so easy compared to this!!!

 

Good luck!

[west]

Thank you so much for that, all seems so simple now!!!

[west]

I have had a letter from the court today saying that Barclaycard intend to defend the claim fully. Does anyone know what the normal is for Barclaycard from here, I am now getting really worried I have read bits on here where people have got court dates and had AQ's to fill in and strarting to collect together documents they are going to use in court against Barclaycard. I wouldn't know where to start I know absolutely nothing about the law etc.... so I am now worried. Can anyone give me a few ideas of how to handle this from here.

[silentcharisma]

Have also recieved same letter. Contact Yasmin from "ready barclaycard?" thread she has court date of 15th nov.

[west]

I filed my moneyclaim on 23rd of October and Barclaycard acknowledged it on the 30th October saying they are going to defend, I have heard nothing since. I was just wondering if anyone can tell me what the next step should be I know there is 28 days for them to do something but not sure what.

[madeve67]

my partner had a barclaycard and because of charges eventually had a default...we constantly receive letters badgering him to pay over 400 pound,could he claim all his charges bk which led to this default

[skbuncks]

my partner had a barclaycard and because of charges eventually had a default...we constantly receive letters badgering him to pay over 400 pound,could he claim all his charges bk which led to this default

He certainly can (last 6 years worth at least).

Send off a S.A.R - (Subject Access Request) and obtain the last six years of statements http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

Meanwhile have a read of the FAQs http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

skb