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Barclaycard taken to court on Estimated Charges


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Hello all,

 

Thought I would let you know what is happenning with my partners Barclaycard claim since I had success with Abbey.

 

Sent DPA request, they have issued the microfiche arguement. We replied there have been 14 charges over the last 17 months, so we will estimate there have been .8235 charges a statement & took them to court on an estimate.

 

Since had a letter offering the charges less the OFT reccomendations, and they admitted that there has been 27 charges over the last 6 years, but no date of the charges, so am unable to calculate the interest. I have sent a letter to them now advising I accept this as a partial payment.

 

In the meantime their litigation department has acknowledged the claim, and have until the end of this month to submit a defence.

 

Will let you know what happens!

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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Hi Craig,

I think this is the only way to go with B/card because of the microfiche argument. I've done an estimate based on 1 year of charges x 6. I'm about 2 weeks behind you so watching with interest (hopefully at 8% when it comes to filing my claim!). Good luck.

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Interesting! I am waiting on another 1yrs worth of statements but have calculated £300 - interest so far.

 

 

"I feel sorry for people who don't drink. When they wake up in the morning, that's as good as they're going to feel all day.”

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Barcaycard pulled the same microfiche stunt with me so I calculated average charges and sent my refund claim letter incorporating a schedule of estimated charges. They very quickly wrote to me giving a very basic breakdown and amount of charges since June 2001 when they say that their charging policy 'begun'.

 

This was quite an interesting turnaround,as to this point they had prevaricated and stalled on the provision of 2000-2004 statements (2004-2006 statements were provided under DPA request).

 

I think that along with other Credit Card companies they fully realise the legal position and that they delay from the outset to retain funds as long as possible and create difficulty to deter and dissuade lawful claimants.

 

Stand by your guns, don't falter and good luck everyone. In the end we will succeed.. Sorry to get so righteous, but bank charges have bugged me for years...

 

J.

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Jonnie R

 

Ive got the same problem as you, ie microfiche stunt. I also think many others have.

 

So now youve got a letter back with "estimated" charges on but are you going to rely on these?

 

Whats your next step?

 

Thanks

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One thing im not sure about with barclay card is that they make a statement something like 'we didnt introduce charges until 2001' in their correspondence.

 

What i cannot ascertain os if this means there were no penalties for going over the credit limit or refusing payments at all, or whether their statement actually means that they only introduced a specific type of charge after 2001?

 

It doesnt affect my claim against them but i am curious non the less.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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I took it to mean no charges at all before that date - I had no account then so I've no experience of them at that time - but I find that highly unlikely of any bank / credit card!

 

Coincidentally we had a letter from Morgan Stanley today saying they are reducing their late payment charges to £12 (wonder where they got that figure from!). Another deliberate misinterpretation of the OFT report?

Morris v Halifax

Data Protection Act letter sent 20/6

Charge deducted from account 27/6

6 yrs statements received 25/8

Prelim sent 30/8 (£1014 charges + £156.11 interest).

Std reply & complaints leaflet received 5/9

Offer received £70 9/9

LBA sent 12/9

No reply to LBA - MCOL requested 26/9

Offer received 26/9 - £218.

MCOL issued 26/9, acknowledged 29/9

Offer 29/9 - full amount ex. o/draft interest

Accepted as partial

Credited to account 12/10

AQ sent for rest

Morris1 v Barclaycard

Prelim letter sent 31/8 (£60 charges + interest).

Standard reply 9/9

Offer 12/9 - full amount!! :smile:

Morris 2 v Barclaycard (Mrsbass!):

Data Protection Act letter sent 7/9

Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.

Prelim 20/9 £100+interest actual, +same estimated.

LBA 3/10

Partial offer £48 6/10

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I have had the same resonse from Barclaycard as many others on this forum(the microfische one).and have sent the templated, non complianse response letter. The account was defaulted last December and was placed in the hands of their recovery people. Since then I have had another statement with over a hundred pounds of added interest. I was under the impression that interest on the ballance stopped after the issueance of a default as the account was effectively closed and therfore the contractual interest did not apply.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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No peter

 

they add interest until they reach an agreement with you over the resolution of the debt, either a payment plan or similar.

 

At least thats what happened in my case.

 

Regards

 

glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Not even then. We defaulted, got a payment plan and we are paying a "reduced interest rate" - slightly above base

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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Does the default not mean that the contract is terminated. If it does what decides the interest rate on the ballance. Sounds like they can charge whatever interest they like after they have defaulted you can't be right ,can it?

I know they can charge the statutory 8% untill payment but i thought that was it.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Craig

 

thats interesting I was in a DMP with Payplan and they managed to get all my creditors to stop adding charges and interest as far as i know.

 

i have settled now but im sure thats what they did.

 

Peter, i think the contract can be terminated i dont think it has to be, at least in theory, however, i am intrigued by this idea that they can default you and still charge whatever they like?

 

Id be interested to see what others come up with.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Yes i've had the microfiche treatment as well - i have sent an official complaint to the Information Comissioner, and i shall be submitting an estimated claim prliminary letter very soon. On the other Bcard account, absolutely no data sent at all - so i have already filed a N1 at County Court! Will also send another complaint to the Information Commissioner - TAKE THAT.

 

The Biter Bit!

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Peter, i think the contract can be terminated i dont think it has to be, at least in theory, however, i am intrigued by this idea that they can default you and still charge whatever they like?

 

Just looking at the 1974cca and you are as usual absolutely right the contract is not automaticlly terminated,but it does stipulate that the interest charged cannot be increased whilst the account is in default. If after the alloted period usually 7 days the debtor hasn't taken any of the remedies the default can be registered. I then take it the creditor would have to take the breach as cause to terminate the account enabling him to chase the full ballance.I think at this stage (when there's a demand for full payment, or a payment plan is agreed by the two parties)there should be no interest added to the account other than by a mutually negotiated agreement. If there is no agreement then only the statutory 8% interest added should the debt go to the SCC.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Peter

 

Im far from having much knowledge at all about the CCA, but what you say about the action sounds right to me, it does seem strange that they can default you and cancel the contract then still apply the contractual rate.

 

I should really stop making anything other than general comments really, because most of my attention has been limitation act orientated cost of charges stuff like that since all of my accounts are closed or at least the ones were chasing.

 

I would be interested to see if any of those who have read up on the CCA have comments to make.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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  • 3 weeks later...

OK.

 

Barclaycard have submitted their defence, and there are a few things that I would like clarifying - if anyone is there!

 

2.The particulars of the claim are summary and do not provide details of the precisecharges allegfed to be unlawful, or the date thereof. Accordingly this defence is summary in nature and the defendant reserves the right to amend this statement of Case in due course. It is averred that the Claimant has failed to identify and state any cause of action against the defendant to establish any legal liability for the sum claimed

 

Big words, big words... I sent a breakdown of the charges spreadsheet, with the estimated charges on, with my N1. Does this mean that they have not received it, or are stating because I have not given them the actual charges they are unaware any charges have been applied. Obviously in the allocation Q I will advise that I feel that they are "bending" the facts of the DPA 1998 to refuse giving me the information.

 

Eveything else is the standard legal charges blah blah blah

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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Craig

 

I'll be interested to know what others say on your points and also please keep us informed of how you're getting on.

 

By the way with the this whole microfiche argument I have to say it's almost impossible to understand. Computing power and hard drive space as we all know is dirt cheap these days so can we really be expected to believe that a microfiche is still used rather than some sort of auto-archiving system?

 

Secondly, and more importantly. These financial firms make mega money from data mining, ie trying to figure out from past data who is good, bad or indifferent, who should get what interest rate or special offer etc. ALL information is therefore useful information if used correctly. In effect you cannot have enough data, sure your data mining software and boffins might find some of it useless but they can always choose not to use certain parts.

 

So are Barclaycard trying to kid us that the data they have from pre 2004 is useless to them?

 

I think not....

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Think you're bang on Craig - they are trying to turn the tables on us and basically say 'how can you claim from us when you don't know what you are claiming'.

 

I'll be submitting an estimated claim soon too. On your claim, did you separate out actual and estimate charges? or is there not really a way of doing that?

 

To my mind - but I'm not a legal person - the facts are that they owe you your charges back. I am sure a judge will not let them hide behind such a deliberate tactic of 'you can't claim them back because we won't tell you what they were'.

 

Good luck and keep us posted - did they reply to your claim before the defence was filed? Any letters to you - offers?

Morris v Halifax

Data Protection Act letter sent 20/6

Charge deducted from account 27/6

6 yrs statements received 25/8

Prelim sent 30/8 (£1014 charges + £156.11 interest).

Std reply & complaints leaflet received 5/9

Offer received £70 9/9

LBA sent 12/9

No reply to LBA - MCOL requested 26/9

Offer received 26/9 - £218.

MCOL issued 26/9, acknowledged 29/9

Offer 29/9 - full amount ex. o/draft interest

Accepted as partial

Credited to account 12/10

AQ sent for rest

Morris1 v Barclaycard

Prelim letter sent 31/8 (£60 charges + interest).

Standard reply 9/9

Offer 12/9 - full amount!! :smile:

Morris 2 v Barclaycard (Mrsbass!):

Data Protection Act letter sent 7/9

Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.

Prelim 20/9 £100+interest actual, +same estimated.

LBA 3/10

Partial offer £48 6/10

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  • 1 month later...

Sorry, been away for a while..

 

Barclays defended.

 

The Courts have bundled the Barclaycard claim & the barclays bank account claim together. Barclays have been ordered to provide us with statements going back to 2001 by today (waiting for the postie!!!!). The Court have allocated a day of the hearing - 7th December... This should be fun!

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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Right,

 

No statements received from Barclaycard....

 

However, reading through other posts it mentions the bundle! On the letter I got from the court it did not state that I had to submit any documents to prove my case, so I have not sent any...

 

What should I do?

 

As the judge has not requested anything do I just turn up with the 3 copies of my case at the court, and complain that Barclays have not sent me what the judge required, or something else???

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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I've been offered a partial refund by Barclaycard, based on the OFT amount of £12 being charged but as I don't have any statements, I'm finding it difficult to calculate what exactly I've been charged. Does anyone know if Barclaycard charged £20 or £25 prior to the recommendations?

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I have worked it out on the higher charge, again, when (if) you get the statements you will be able to amend - it is easier lowering the amount you are claiming for than increasing it

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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Blimey... just been reading through your claim so far..

 

I am about to send a non compliance letter with an estimated schedule to Barclaycard, (after receiving the bumf about the microfiche this week).

 

I am interested to know if Barclays have ever indicated if your estimate is higher or lower than it actually would be if you had your statements to trawl through? Do they really not know thr true amount?

 

I haven't got a clue what to estimate and don't want to blow my chances of getting a settlement if I estimate too high, and don't want to loose maybe hundreds if I estimate too low... I's be interested to know your points of view on this.

 

Hang on in there.. It all sounds a bit scary but you soud as though you know what you are doing and are on the ball... well done you!

Moodle

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