Paul, help with Barclaycard.

[dx100uk]

post up your spread lets check it

 

dx

[paul1958]

Hi All,against my better judgement I decided to accept BC offer.They have paid £2415 to CABOT and offered me a £250 inconvenience payment surely this cannot be right.If anyone has any thoughts or feedback it would be truely appriciated

[BRIGADIER2JCS]

Cabot in my opinion have no right to the payment, it should be made to you!

[paul1958]

Me to,o but does anyone have any idea which way to go now

[slick132]

Hi Paul,

 

Despite our requests for you to post up the Spreadsheet or give details of the totals for penalties and compound interest, you never gave us this info. Can you now confirm the figures for charges and compound interest as per the spreadsheet in June 2013 that you referred to above.

 

When BC offered the refund which you accepted as per post #27, exactly what did they offer you as a refund and what did they suggest they would do with it.

 

You may have lost the upper hand here. By accepting BC's offer to refund the smaller amount, you may also have lost control of what they did with it.

 

Ideally, you should have rejected BC's offer (as your post #23 suggested) and then filed your court claim for the full refund.

 

[BRIGADIER2JCS]

Hi Paul,

 

Despite our requests for you to post up the Spreadsheet or give details of the totals for penalties and compound interest, you never gave us this info. Can you now confirm the figures for charges and compound interest as per the spreadsheet in June 2013 that you referred to above.

 

When BC offered the refund which you accepted as per post #27, exactly what did they offer you as a refund and what did they suggest they would do with it.

 

You may have lost the upper hand here. By accepting BC's offer to refund the smaller amount, you may also have lost control of what they did with it.

 

Ideally, you should have rejected BC's offer (as your post #23 suggested) and then filed your court claim for the full refund.

 

Have to agree Slick!!

[paul1958]

Hi All,not being too good with computers I don't know how to attach stuff to these posts,hence you not having the spreadsheet info.

 

To cut a long story short the final total l on the spreadseet was £6190.BC offered £2415 plus £250 inconvenience payment.

 

Being absolutely potless I decided to accept the lower offer.The offer was made through the FOS and no mention was made to the fact that Cabot would get the main bulk of the payment.I accepted the offer via the FOS and the only contact I have had with BC was afterwards when they wrote to tell me that they had paid CABOT.

 

Also BC have told me what my balance with Cabot is after the payment from them has been deducted. How do these people share information,surely there must be something in the Data Protection Act to stop this.

Edited September 11, 2013 by slick132
Used paragraphs to space out

[slick132]

Hi Paul,

 

We didn't necessarily have to see the spreadsheet. If you had told us the figures involved, I would have strongly suggested that you take Barclays to court for the return of your charges plus restitutionary interest. However, as you have agreed to accept the reduced amount, you cannot go back and complain about the amount itself.

 

If you complain to the FOS about the Set Off, they will probably reply that they see it as fair and acceptable. We could assist further with this argument as I helped another CAGger have the FOS Adjudicator's decision overturned by an Ombudsman. But that will still leave you owing the balance to Cabot, so I'm not sure it is worth all the time and effort that would be involved.

 

Out of interest, would the £6190 have cleared the amount owed to Cabot or not.

 

As regards the sharing of your data, I assume there is an arrangement between BC and Cabot as debt seller and debt purchaser that enables them to continue to share your data. I see nothing about this that will help your situation.

 

Sorry we couldn't have got you a better result but you took the easier route and it has cost you some £3500.

[paul1958]

Hi All ,thanks for all your input,yes the £6190 would have paid off Cabot.Ah well onwards and upwards eh.I hope other people now read this thread and treat it as a lesson how not to do it!

 

Cheers Paul

[slick132]

Hi Paul,

 

I'm really sorry this didn't turn out better for you.

 

As you say, at least it may serve as a warning to others in the same position.

 

Just for info, unless BC physically repurchased the debt from Cabot in anticipation of your charges reclaim, they have no right in law to Set Off the refund against the Cabot debt.

 

There is no contractual relationship between BC and Cabot that enables this. When I appealed an FOS Adjudication on this matter, the Ombudsman agreed and ordered the bank to refund charges direct to the customer, confirming that no the bank had no right to pay a refund to a third party.

 

However, as I said above, this would not really help you as you would still be saddled with the Cabot debt even if the bank repaid the charges direct to you.

 

As you say ........... onwards and upwards !!

[dx100uk]

urm... wondering...

 

if there was no actual debt when it went to cabot

 

then surely you should get those payments back...?

[slick132]

Hi Dx,

 

Can you expand on this please.

 

if there was no actual debt when it went to cabot

 

then surely you should get those payments back...?

 

No debt with who, when what went to Cabot?

 

You should get what payments back?

 

[dx100uk]

well we really need to see all the statements

 

but it was almost the very first post that got me thinking this from the start.

 

where it was said

'none of my payments show on the BC statements'

 

so where has that money gone?

 

and if bc did not take these of the bal

 

then was there really a debt by the time it got sold to cabot?

 

this goes back to at least 2001

 

we cant really judge anything

 

but we've seen NO paperwork at all.

 

something smells that's for sure.

 

dx

[dx100uk]

post 1

 

I carried on paying the monthly payments for 65 months,

but this has never shown on their records.

 

dx

[slick132]

Thanks DX for clarifying.

 

Again I fear there is little that can be done now to question either what has happened in the past or what has been agreed recently.

 

If Paul had an active court case for a charges reclaim, he would have a useful lever to get answers and info from BC. But this isn't the case once an agreement was reached

 

@ Paul, it may help if you confirm exactly WHAT you agreed to accept when BC offered the £2450. Ie please confirm the wording of what you agreed to.

 

Also, did you ever discover exactly what payments you made to BC and where they went.

 

I suppose this can still be investigated and queried but "Shutting the door after the horse has bolted" springs to mind.

 

[paul1958]

Hi all.

 

I never had an offer from BC directly it was made through the FOS it reads.

 

The offer Barclaycard has made to you is to refund all interest and charges applied to your account between November 2001 and July2005,

as this was incorrectly applied to your account.

 

This is a total refund of £2145.60.

 

It has also offered to pay £250 compensation for the inconvenience caused to you in full and final settlement of this complaint.

 

Having reviewed the the additional information you sent to me I can see no further interest was applied after July 2005.

 

Therefore I feel the offer made is fair and reasonable.

 

There was a settlement form from the FOS which I signed scanned and emailed back to them.

 

The only contact I had with BC was to tell me that Cabot had been paid out

and could I give them my account number and sort code to send me my £250

[slick132]

Ok, so based on what was offered and what you agreed to, there is no going back on BC's settlement for charges,

interest and compensation in rsponse to your charges reclaim.

 

Regarding the question of what happened to payments made to the a/c before it was sold to Cabot,

the only thing I can see left for you to do is to reconcile the figures using the SAR data.

 

You know when you started paying reduced payments (2004),

how much you paid monthly (??)

and how long you paid BC for

(11 months when int't was still being added, 21 months when int't was not charged and 65 months when you paid BC before the a/c went to Cabot.

 

What was the last figure and date you have your the a/c balance.