Barclaycard Visa ***WON*** Refunded with Compound Int't

[dx100uk]

there you go told ya!

 

go nail 'em

 

if you want help with the FOS CQ or the SOC just ask

 

dx

[topcat72]

had a read and not sure if i can reclaim my PPI to be honest.

 

i was employed in full time employment at the time. the only things i could argue is that as i opened the card account online, i could say that i was not told i could get the same insurance elsewhere, and i was not asked if i already had the insurance.

 

and after sticking the figures from my statements into the spreadsheets, it comes out at a total claim of £270 incl. stat interest at 8%.

 

given that ive also got two other credit cards im also going to be going after for the charges, which wil net me considerably more than this, im going to sort those out first.

[slick132]

There are many reasons for you reclaiming PPI but this should be discussed on a new thread in the PPI forum where you'll get appropriate advice.

 

To get the BC charges and compound interest back, follow examples on other BC **WON** cases - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

You may well have to file a court claim to get this but BC will normally settle before a final hearing date. You'll get back all court fees when they settle.

 

Who are the other a/c's with, that you want to reclaim charges for. Not all banks will repay in the same way as BC.

 

[topcat72]

ive already been through this a few years ago with LLoydsTSB, they settled just after a hearing date was set and paid £1200 out of a claim for £1500 or so.the other ones im going to go after are Citi and CapitalOne. will be issuing the SAR to these two this week. will start a new thread for these on the relevant borads if i need help.

[slick132]

Hi TC,

 

I'd be interested to see your CapOne thread when/if you start it. Please put a link here to it so I can keep an eye.

 

Thanks

[topcat72]

will do.

 

have just noticed this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?335644-Capital-One-fast-track-default-charges-and-PPI-claimback-(no-SAR-req-d) that seems to suggest that CapOne have got a fast track process in place.

 

will ring them tomorrow after work and see how i get on. ill make a new thread in the CapOne section once ive rung them, and add link to my sig.

Edited January 30, 2012 by topcat72

[slick132]

It may be their "Fast Track" refunding system but, from what I've read so far, they are only likely to refund the amount by which any default charge exceeded the £12 limit suggested by the OFT.

 

So, if you paid a £20 charge, they would only refund the excess of £8, plus something in interest.

 

The method of tackling their default charges may vary, depending on the age of the charges you want to reclaim.

 

So put a link to the new thread here when you start it.

 

[topcat72]

talk about coincidence! when i got home from work there was a letter from capone saying my file had been returned from the DCA with the status of partial settlement, and that the account has been closed. looks to me like they have written off my debt.

 

im going to give the phone number a try as any money from that avenue will now be pure profit, and easier than going to full SAR!

[topcat72]

new thread started on the Capone board.

 

link in sig.

[topcat72]

Prelim letter sent today. The ball is rolling....

[slick132]

Prelim letter sent today. The ball is rolling....

Is this for the BC a/c ?

 

[topcat72]

yup, the barclaycard one.

[topcat72]

as expected, no real result from the prelim letter apart from the standard "we are very sorry, please give us 6 weeks to look into it".

 

so LBA is going out tomorrow.

[topcat72]

well lba has gone, but today i got a stroke of luck that may help. i submitted a PPI claim to lloyds a while ago and got a standard letter back saying they had no trace of me paying any PPI. however today i got a letter from them saying they have in fact found an old loan of mine that had PPI on it and have offered me £1200.

 

my idea is to use this money to offer barclays and citicards (for which i have started another thread) a full and final settlement. that way, when i get the charges refunded from BC and Citi, the majority of it wont disappear on my outstanding balance, as i will have cleared it at a reduced rate:-)

 

so my question is, is it worth ringing barclaycard and making an offer, or is there a better way to approach this? i would add that i intend ringing the UK call centre, as they seem to actually have something about them.

[slick132]

Hi TC,

 

The problem can sometimes be that they don't want to discuss F&F's at a time when you do AND you have the money to do it.

 

If you take court action to recover charges and interest, you have a better chance of getting the refund paid to you direct although this may not be so easy when BC still own the a/c.

 

Have you sent BC a CCA request for the a/c and, if so, what did they send in response.

 

[topcat72]

i did manage to get a copy of my CCA which was actually a copy of the proper document, including my signature.

[slick132]

Hi TC,

 

I can't see where you mention the credit agreement being received. Is it actually the credit agreement or a copy of your signed Application Form.

 

Have you posted a copy of it so we can check it for enforceability.

 

Also, when looking back over your thread, I saw in post #25 that the charges and interest total 3 times the balance owed on the a/c. So why are you looking to negotiate a F&F in difficult circumstances when the reclaim would settle the a/c with money left over for a direct refund.

 

Have you got anywhere with the PPI on this a/c yet.

 

[dx100uk]

good point!

 

dx

[topcat72]

they rejected my PPI claim on the grounds that the information they provided was sufficient at the time of me signing.

 

im planning to maximise my return on the refund. if i use the charges refund to wipe out the balance, they will take the full £500 or so. if i make an F&F offer, i could possibly clear the debt for £200-300, and then get all the money from the refund.

 

youve got me thinking now about the CCA. on closer inspection its not a full agreement and doesnt even mention me having to make repayments on any amount spent or anything else.

 

could i put the account in dispute and stop payments as they have not provided a proper CCA in response to my SAR and this puts them in breach of CCA 1974? or wouldi have to specifically request the CCA under the CCA 1974? and would i be able to specifically request that as the account is now deemed to be unenforceable, i do no expect any payment of refunded charges to be offset against the outstanding balance?

 

my proposed wording is:

 

Thank you for your letter of 21/2/2012, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On 3/12/2012 I made a formal request for a true signed agreement for the alleged account as part of a Subject Access Request made under the Data Protection Act. This was signed for as delivered on the 5/12/2012.

 

You have failed to comply with my request, and as such the account has now entered default.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

As you are no doubt aware, the Consumer Credit Act section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become currently unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note that I also expect that any payments that may be made as a result of my complaint about charges levied to my account (my letter dated 12/4/2012 and signed for by you on 13/4/2012) are not used to offset any balance.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I look forward to hearing from you. This should be in writing, I have no wish to correspond by telephone.

 

Yours faithfully

Edited April 19, 2012 by topcat72

[slick132]

Hi TC,

 

Re the PPI reclaim rejection, did you have a thread for this. When did they reject your claim because I understand that the banks have been treating claims more sympathetically recently. Have you pressed them for proof of what info you were given at the time. Don't give up on this issue too easily.

 

could i put the account in dispute and stop payments as they have not provided a proper CCA in response

If you made a formal CCA request, their response with an Application Form and T&C's will have satisfied their obligations.

 

If you still want to try and negotiate a F&F Settlement, you should do so on the basis of them sending you an Application Form or T&C's or anything other than a properly executed credit agreement.

 

Don't send them your letter above. Instead, post here a copy of document sent in response to your CCA request.

 

[topcat72]

thanks for the continuing help!

 

the rejection was in the last two weeks.

 

the application form they sent was in response to my SAR, rather than a specific CCA request, and only contained the form, no T&Cs.

 

i dont have access to a scanner to be able to post what they sent me, hopefully i can describe it sufficiently enough!

 

its headed "simply complete and return, offer close date 2002", then has sections for Personal Details, Contact Details,Bank Details,A For Your Security section, Employment Details and a section for PPI (part of the wording in this section has just triggered a thought with me, but ill start a new Thread in the PPI section for that, and link to it in my sig). there is hen a section called "Credit Agreement regulated by the consumer Credit Act 1974", with the wording:

 

"Thisi s a credit agreement between us, barclays bank plc.... and you, the person who signed this agreement. by signing this agreement you confirm that:* the dtails you have given us are correct;* you want us to give you a barclaycard and pin for which you are eligible and from time to time replace your card with any barclaycard covered by this agreement and for which you are eligible;*we may issue you with eith er the Premiership Barclaycard or a barclaycard for which you are eligible now. This will be either initial visa, classic, gold or platinum barclaycards. we may in the futurereplace the barclaycard we give you to begin with, with any card that is covered by this agreement;* if you are not eligible for a barclaycard at this time, unless you write to the address below, you agree that we may use theinformation we obtain about you in conncection with this application to send you details of alternative barclaycard products;* you have read and agree to the barclaycard conditions and How We Use Your Personal Information;* you have read our statement on Respnsible Lending;* you authorise us (a) when considering this aplication to make credit reference, identity (including searching the electoral register), fraud and other enquiries, (b0 to share information about you and how you manage your accounts with credit reference agencies. you must write to us at

if you dont want us to;* give you a PIN, or;* tell you about other products and services (inorder for us to ensure that we are note this in our records, it would help us if you give us your bank details and the numbers of any cards, insurance, unit trust and other accounts or policies). you can ask us for a copy of the information we keep about you. a fee will be charged for this service"

 

there is then a section for me to sign and date.

[slick132]

Hi TC,

 

Use this link and open the 2nd document - http://www.consumeractiongroup.co.uk/forum/showthread.php?338999-link-and-old-barclaycard-debt&p=3794797&viewfull=1#post3794797

 

Is this similar to what they've sent you.

 

[topcat72]

no, its more like this, with a slightly different layout. section 8 (Additional Cardholders) is missing and Section 9 (PPI) is a tickbox but apart form slight layout changes they are very close.

 

.

[topcat72]

and heres one you may actually be able to see!

[slick132]

Hi TC,

 

OK, so let's assume you have been sent an Application Form. For it to be enforceable, it needs to contain the Prescribed Terms :-

 

1. The credit limit or the manner in which it is determined.

 

2. The APR(s) applicable to your spending.

 

3. The manner in which your repayments will be determined and how you are to pay them.

 

4. A box setting out your rights to cancel.

 

5. A heading in the prescribed form showing this is a Credit Card Agreement regulated by CCA 1974.

 

If any of these are missing, the enforceability of the account should be in doubt.

 

So you could dispute the enforceability of the debt on the basis of inadequate paperwork, telling BC that a court will be unable to make a judgement against you without a properly executed Credit Agreement.

 

But I still think you're pushing it, trying to persuade BC to accept a F&F and then get the full refund of default charges and compound interest.

 

Use a thread in the PPI forum to see if they think you should should accept the rejection, or you should go back and argue your case further.