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Wolf V Barclaycard - off to court we go


Wolfy
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I have been down the letter writing route with Barclaycard and they have so far offered me £160 as a full settlement for a claim of over £500. I, of course accepted this as a partial settlement and informed them I would be persueing the rest through the courts. I have used the template in the library before but in this case I also want a default removed as my claim far exceeds the amount they defaulted me for. Anyone have a template for claiming back charges and removeing defaults? And just to check can I still use MCOL or because I want the default removed does this have to be a visit to my local court?

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With respect I have spent time reading the threads and have already succesfully claimed funds back from other credit card companies. This however is the first time that I have had to tie in a default removal to a claim for unlawful charges and am unsure how to proceed. I am not entirely sure what you mean by this "not being a quick fix"? What I am attempting to do is correct a position which only occured due to the unlawful action of Barclaycard. This is not a standard template and so I asked for help. I fail to see why that is wrong?

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Wolf,

 

Sorry I have misinterpreted your requirements, all that I was thinking is that there is a standard template in the library section on this site which advises you how to remove default charges copy below.

 

Credit/Store Card Letter Template (thanks Bookworm01036)

 

[your address]

 

 

 

[their address]

 

[DATE]

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

CARD/ACCOUNT NUMBER: xxxxxxxxx

 

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 £XXXXX plus £XXX which you have charged me in interest for the sums which you have taken. Total £XXXXX

Additionally, you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require repayment in full of this money and removal of the default notice. 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,

 

 

 

 

 

[name]

 

Hope this is what you are looking for and again sorry for any frustration caused.

Best Regards<br />

<br />

Clarkey1<br />

<br />

<b><font color="red"><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" /> <u>If I have helped then please click on the scales</u> </font></b><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" />

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Thanks for this but I have already delivered the two letters(Prelim and LBA) what I need help with is the wording for either the MCOL or N1 forms also advice as to which I can use when not claiming just money but getting a default removed as well.

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hi you really need to spend some time reading the threads this is not a quick fix

 

Wolf,

 

I have just spotted that it was fergal71 that posted the above not me, they are using the same flag as me, which I will now have to change

 

I thought when I was replying I did not remember advising you the above, but you never know when you are typing away late a night?:|

 

Sorry I can't help, but I am sure some one will have the answers soon.

Best Regards<br />

<br />

Clarkey1<br />

<br />

<b><font color="red"><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" /> <u>If I have helped then please click on the scales</u> </font></b><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" />

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And just to check can I still use MCOL or because I want the default removed does this have to be a visit to my local court?

 

I think I have seen it written that you would need to use a N1 form and go down to the court. MCOL is for money claims only.

Just some guy. I try to help, but all advice is my opinion.

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