barclaycard debt sold to Lowell - chasing BC debt

[unclebulgaria67]

Without seeing your SAR it is difficult to comment. Most of these large banks are split into various entities with separate DPA registration. Unless you noted all the accounts you wanted the SAR to be done on, they may have not realised.

 

You could check with the ICO.

[Hacked_Off]

Fos havnt upheld my complaint about the charges

[rc14]

Fos havnt upheld my complaint about the charges

The FOS the ICO the OFT the CSA and West Yorkshire Trading Standards all sided with Lowell. Fortunately we still have impartiality in the courts who can't be influenced by politics and money. I had to rely on them to confirm Lowell had failed to prove their ownership of my account. There is no regulation and anyone who tries for Freedom of Information against Lowell find get the Standard fob off. In my opinion all the above are a disgrace to regulation. Anyone share my opinion?

[Escritor2013]

Typical - I'm not sure any of the regulators have any regulatory power whatever - complete waste of space. Remember the OFT bank charges catch-up that actually caused more problems for those reclaiming bank charges? I think the finane industry(ies) and the regulators are far too cosy.

 

Interesting today that it's the Competition Commission not any of the finance regulators who will be looking at payday loan companies -- this body if I've got the name right from memory, actually has some teeth.

 

I saw some bod talking about how the major banks lend the money to the payday loan companies to lend out at 5000% APR. He suggested some of this money was under the government's initiative to lend cheap money to the banks to stimulate the economy. You couldn't make it up.

 

Keep your chin up hackedoff!

[Hacked_Off]

Oh I won't be letting this go, it'll be added to my claim with the default they placed AFTER the account was paid in full and closed!!

 

If they ever comply with my sar that is!!!

[Hacked_Off]

Right, payday Friday so I'm going to file in small claims for the charges.

 

Should I be reclaiming the full amount with interest or just the charges that were more than £12?

[dx100uk]

No PENALTY charges is 'fair'

 

dx

[Hacked_Off]

I want that default removed to, balance says 350 but charges total 410.

[Hacked_Off]

Can anyone point me in the right direction for particulars of claim for credit card charges, and for removal of default that consists entirely of charges?

[BRIGADIER2JCS]

Hi I can help on the default side for you and will alert someone to help on reclaiming charges which is not an area I am too familiar with.

 

The regulation you require is the Information Commissioner Office Technical Guidance on defaults, this states that 'If a default sum consists of charges without which the account would not have been defaulted NO DEFAULT SHOULD BE PLACED.'

 

You need to make a formal complaint to the creditor concerned, addressed to the Data Controller, provide 'proof' that the default sum is all charges for a quicker (hopefully) response.

Alert sent for your reclaim.

[ims21]

Just having a read back through the thread so we can get you the right letters/PoC etc.

 

Back in a mo......

[ims21]

Ok so Lowell have closed their file on this Barclaycard account.

 

I see that you have had a crack at getting the charges back and have been refused. It was passed to fos and they did ot uphold your complaint. This should be no surprise at all because fos really are not interested in charges claims and generally side with the lenders on these issues. They take the OFT statement on charges as a basis on which they base their decisions hence they usually come down on the side of the banks.

 

So you need now to press this with Barclaycard and sue if necessary.

 

When you put in your claim to Barclaycard for the charges, did you enclose a spreadsheet of claim which showed the charges you wanted back and the associated interest?

 

It appears that you have not sent any "Letter Before Action" to Barclaycard....is that correct? If so that would be the next step after completing a spreadsheet.

 

If you can answer this post then we can get you back on track with this.

[BRIGADIER2JCS]

Just having a read back through the thread so we can get you the right letters/PoC etc.

 

Back in a mo......

 

Thank you for looking in ims!

[Hacked_Off]

You need to make a formal complaint to the creditor concerned, addressed to the Data Controller, provide 'proof' that the default sum is all charges for a quicker (hopefully) response.

Alert sent for your reclaim.

 

Already done that, Barclays insist it is correct and won't be removed

[Hacked_Off]

Ok so Lowell have closed their file on this Barclaycard account.

 

I see that you have had a crack at getting the charges back and have been refused. It was passed to fos and they did ot uphold your complaint. This should be no surprise at all because fos really are not interested in charges claims and generally side with the lenders on these issues. They take the OFT statement on charges as a basis on which they base their decisions hence they usually come down on the side of the banks.

 

So you need now to press this with Barclaycard and sue if necessary.

 

When you put in your claim to Barclaycard for the charges, did you enclose a spreadsheet of claim which showed the charges you wanted back and the associated interest?

 

It appears that you have not sent any "Letter Before Action" to Barclaycard....is that correct? If so that would be the next step after completing a spreadsheet.

 

If you can answer this post then we can get you back on track with this.

 

Yes spreadsheet sent. Letter before action was sent last week.

[ims21]

OK any chance you can post up the spreadsheet and the text of the LBA you sent please?

[Hacked_Off]

Not a spreadsheet as such, unused this:

 

[ims21]

OK you are diddling yourself. That is an 8% simple interest calculator. Barclaycard have historically paid out for compound interest in restitution at a nominal rate of 24.9%.

 

In fact there is a thread where a member has this morning received an offer on this basis.

 

There is still time to pull this back to your advantage.

 

Complete this spreadsheet using an interest rate of 24.9% and with the "claim to" date set to today. You will be surprised at the figure it comes up with.

 

CISheet v101.xls

 

Can you also post up the text of the LBA you sent them please?

[Hacked_Off]

I can't find a copy of it , ill have to send it again I think.

[ims21]

OK son't send anything off yet.

 

Complete the spreadsheet and let us know what the figures are that it comes up with.

[Hacked_Off]

New total: £ 1,335.

 

Silly Barclays, they could have got away with this for £410!

[ims21]

Ok good.

 

Now the next thing is to look at the default situation.

 

Save a copy of the spreadsheet you have just done.

 

Without me reading the whole thread again, have al look at the default date of the account. Change the "claim to" date to the date the account was defaulted and remove any charges from the sheet which have a date later than the default date. (there may not be any).

 

If the spreadsheet now shows a figure greater than that of the default amount then it is all charges and it gives you the ammunition to have the default removed.

 

That being the case, your next approach to Barclaycard will not only be for an increased amount of claim but also the removal of the default.

 

If you can get back to us with this info then we can do the necessary final letter to them before starting legal action.

[Hacked_Off]

New total: £704.00

 

Default date 20/08/2010 total: £390.00

[ims21]

Ok I would suggest another (this time final) Letter Before Action. Make sure you keep copies of all of this stuff since you may well need it for your court bundle if it gets that far.

 

I would suggest the following as your LBA which you should send to the Barclaycard Registered Office. I would send this recorded signed for in order that you know when they get it.

 

 

Account number................... ................ date etc

 

Dear Sir/Madam

 

LETTER BEFORE ACTION

 

I have recently been made aware of media reports and an investigation into credit card charges by the Office of Fair Trading.

 

I now understand that the regime of fees which you have applied to my account in relation to late fees and over limit charges are unlawful at Common Law, Statute and Consumer regulations in that they did not/do not represent a genuine pre-estimate of your actual costs.

 

I would draw your attention to the terms of the contract which you agreed to at the time that this account was opened. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law and in consideration of fair business practices and good faith.

 

It is my contention that you have failed to operate my account in a manner conducive to the above and have demonstrated a lack of fiduciary duty.

 

I calculate that you have taken £(enter the amount of charges) plus £(enter the amount of compound interest) which you have charged me in interest which total £(enter the total of the previous two items). 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 to my account.

 

In recent years Courts have been happy to accept claims for unlawful charges that exceed 6 years whilst having regards to the precedent set between KLEINWORT BENSON -v- LINCOLN CITY COUNCIL under section 32(1) © of the Limitation Act 1980.

 

Should County Court action be needed I will be seeking to rely on this.

 

Therefore this letter requests a refund of all charges indicated including interest 14 days from the date of this letter together with removal of all adverse markers on my credit files.

 

I request that payment is made directly to me, by cheque, and that any refund in whole or part should not be allocated to any set off or third parties.

 

Should such a set off occur, my claim will be deemed as unsettled and I will proceed to the Courts for recovery.

 

You now have 14 days to respond positively failing which I shall issue County Court proceedings without further recourse to yourselves.

 

 

Yours Faithfully

 

Enc; Schedule of charges

 

 

Remember to attach a print of your spreadsheet (the one with the claim date set to today).

 

If you do not receive the required response (or of they fail to respond at all) then when the 14 days are up you issue the court papers.

[Hacked_Off]

Which amount am I claiming? The 1.3k or 700?