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Sequest - Problem with BC default charges


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Barclaycard are charging me £12 a month for being over my credit limit. I am trying to pay balance off weekly but the charge for being over the limit results in only a few pounds coming off the balance. Can I request that they stop the penalty charges and reclaim?

If so, can anyone point me to a letter - thanks.

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Hi Sequest,

 

I've moved your post into your own new BC thread to avoid hijacking.

 

You should check through all your a/c statements to see what default charges have been added to your a/c over the years. If you don't have all the statements, send BC a SAR to get the data you need to reclaim the charges.

 

Every charge can be reclaimed in full plus compound interest - read up on this in the Interest Tutorial at Link No3 in my signature.

 

Read **WON** BC threads here to see how it's done - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

If you have all the charges info, put the data on this spreadsheet and see how the balance you can reclaim compares with what you owe BC - http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

 

Use a nominal interest rate of 24.9% on the spready.

 

:wink:

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they will also be caining your credit files.

 

do the SAR and see what it comes up with. I had 7 late payment markers removed from my credit files lasy year because I had discovered from the SAR that sharkleycard had been writing to an old, incorrect address of mine.

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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Hi Sequest. No. I had to fight for the removal of the markers. It took about a year from start to finish.

 

BC refused to remove them stating it was a true reflection of my management of the account etc etc. The CRAs would do nothing without the say so of BC. The ICO were hopeless. The FOS, however, found with me and since the bank had been corresponding some of the time to an older address ordered BC to remove the lot.

 

It was a lot more involved and complicated than the above Sequest, but that's a broad outline of it.

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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  • 8 months later...

Hi Seaquest,

 

I've seen and replied to your comments on another thread about reclaiming penalty charges - http://www.consumeractiongroup.co.uk/forum/showthread.php?348466-Barclaycard-Over-limit-charges&p=3893762&viewfull=1#post3893762

 

Basically, if BC have ignored your letters and failed to refund all your charges and compound interest, you need to move to the next step, as threatened in your LBA. The LBA says, "If you fail to refund my charges and interest within 14 days, I'll start court action".

 

If you need help with your next move, just ask. But don't let BC get away with ignoring you ! :mad2:

 

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Hi Seaquest,

 

Sorry can't offer you any advice, except to follow the advice you've been given.

 

Have just started my court claim with BC for unfair charges which were applied to my account because when I was on long term sick leave from work, they wouldn't let me claim on the PPI that they have been 'unable to establish whether the policy was suitable for my needs' anywhoo, it's daunting and most probably going to hair pulling frustrating but, we're all here with you, and there's great advice from many Caggers just around the corner.

 

Good luck, watching your thread with interest

 

Up2

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Thanks for replies.

uptomeears - good luck with your claim.

 

The first time I claimed refund of late charges and overthelimit charges, it was quite straightforward. I didn't use a spreadsheet but merely asked for a refund plus 8% interest, which they promptly gave me.

This time, although the charges only go back to March, so are much smaller, they are mounting up. They are ignoring my letters but include a leaflet with my monthly statement regarding charges.

 

I have been writing to Customer Services at Northampton - perhaps this is not the best address. The reply to my first request for refund came from Saffron Road, Leicester, but I also noted their address at Church Place, E14.

Can anyone advise on best address to use in circumstances.

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Hi Seaquest,

 

Customer Services may make a refund or they may mess you around but, at the moment, it looks like they aren't taking you seriously.

 

If you threatened to take further action in your Prelim Claim letter and/or your LBA, but then haven't followed through with it, they have every reason to continue to ignore you.

 

Did you use the Site's Prelim letter and LBA.

 

When did you send the LBA.

 

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Hi slick,

 

I haven't sent a LBA yet as I know it would commit me to Court action which I would rather avoid. I just sent the preliminary letter and then resent it a few months later.at the end of May.

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Hi Sequest,

 

All I can say is that, with BC, taking court action is usually a formality. They'll pay up when they see you have taken court action.

 

Send them a LBA to the London HQ :-

 

Barclays Bank PLC

1 Churchill Place

London

E14 5HP

 

Enclose an updated spreadsheet using the Simple Interest spreadsheet for 8%, if you want to keep it straightforward. Technically speaking, you can't really claim 8% until you file a court claim, but use the spreadsheet anyway. This one should do - http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xls

 

If they fail to agree to repay, then you can consider your options after 14 days.

 

:-D

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Many thanks for your help slick - I will try that and let you know the outcome. Looking at the spreadsheet,do I need to calculate 8% interest on every monthly charge - if so, can you point me to somewhere to get help The monthly charges are £24, so would that calculation be £24 divided by 100 x 8 ?

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Just enter on the spready the type of charge (eg late pay't, over limit fee, etc), the amount and the date for each charge.

 

The spready should do the rest.

 

Try it and let us know how you get on.

 

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Hi slick I'm stuck with regard to adding interest - any help would be appreciated. I have filled in all the columns on the spreadsheet with type of charge, amount and date. The last column is headed INTEREST 8%. Not sure what I have to do.

Any help would be appreciated.

Edited by sequest
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See my PM to you

 

:wink:

  • Confused 1

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  • 2 weeks later...

I'm so annoyed. I don't know who to write to first!!

 

I wrote to Barclays Head Office with the schedule of charges. and received a reply stating they were looking into the matter and would respond by 10th August. (This was a result as my previous letters sent to the Northampton address were totally ignored) The letter came from the Saffron Road. Leicester address, dated 13th July.

 

On 12th July I received a letter from Barclaycard, PO Box 9132, Leicester, threatening me that if I did not pay the outstanding balance the account would be passed to Mercers.

 

On 19th July, received Default Notice from Mercers.

 

Any advice on who to attack first! - thanks

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Hi Sequest,

 

If you haven't maintained minimum payments as required on the a/c, BC have the right to chase for them unless you have an agreement to pay reduced amounts and stick to it.

 

How many payments have you missed. Can you bring the a/c payments up to date and avoid the Default being registered against your CRA files.

 

Did you keep the envelope from Mercers showing if the DN was sent 1st Class post.

 

Have they given the correct date to rectify the default status on the a/c (ie time for postage, plus 14 days, and giving a specific date for remedy).

 

As said before about the reclaim of charges, unless you're prepared to issue court proceedings, you will have to accept the delays associated with BC's deadlines. The will only start to act in a timely manner when they have a court summons from you on their desk.

 

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Hi slick,

 

When I first wrote requesting the refund I put 'Account in Dispute'. I thought that would cover me until they issued the refund. It was only a small amount but the added penalty charges were affecting the payment I thought if the default included penalty charges it wasn't valid.

Edited by sequest
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Although you put "a/c in dispute", this does not affect the need to keep payments up to date.

 

It would be different if the a/c was in dispute regarding a CCA request, in which case BC would (theoretically) be unable to make demands or take enforcement action.

 

If you bring the a/c up to date before the DN remedy date, your CRA files should not show a default notice.

 

I assume the DN required only the missing payments and not the full a/c balance.

 

:-)

Edited by slick132
typo

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  • 2 months later...

I have finally received a response to my request for refund of charges..

BC state:

'We are satisfied that our charges of £12 are in line with our actual and estimated costs which are incurred and comply with relevant legislation and guidance'

 

I know the next step should be issuing a Court Claim but I am not in a position to do so at present, so shall I complain to the FOS. If so, is there a template letter and do I need to send them the list of charges?

Thanks.

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Hi Sequest,

 

Complaining to the FOS will be a waste of time - they'll say the penalty charges don't exceed the OFT limit so the chgs are fair.

 

As I said months back, if you don't follow through with the court action threatened, BC will simply not take you seriously.

 

You should update your compound interest spreadsheet claiming interest in restitution at 24.9% and file a claim against them.

 

Can you tell us roughly, using the compound int't spready, what do the charges and interest total. This will dictate how much it'll cost you to start court action to get your chgs back.

 

Or, if you're not willing to take any court action, just say so and we will have to leave it at that.

 

Unfortunately, BC will not stop chasing for what they say you owe them. :-(

 

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