Overlimit Charges Barclaycard formerly Egg

[100mel]

I previously had an Egg card which was taken over by Barclaycard with new card etc issued.

 

The account is completely online and is paid off fully by direct debit.

 

Statements are intermittent and not always notified by email.

 

I have been hit by overlimit charges on several occasions - something which Egg also did whereas other card companies do not authorise transaction.

 

I know that Egg managed to justify such a charge with the FOS by some means so there is little point in making a complaint there.

 

£12 seems an excessive charge for what is an automated process

 

Has anyone any experience of these charges and any challenges to them? Any success in small claims court?

[dx100uk]

dunno what you got the ok to charge it from

 

its a PENALTY

 

go get reclaiming.

 

see below

 

dx

[100mel]

Can you point me in the direction of any POC relevant to credit card penalty charges so I can get claiming. I will get my LBA off to Barclaycard

[dx100uk]

shelley thread in the stickies here or barclaycard successes

 

dx

[slick132]

Hi Mel,

 

If you want to maximise your reclaim with BC, do the necessary research first.

 

Read some of the BC **WON with compound int't** threads here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

If you have older penalty charges, the effect of compound interest can be pleasantly surprising. But, to get this from BC, you will have to take court action against them.

 

So, before you fire off your Prelim Claim letter (which you send before you use the LBA), complete your compound interest spreadsheet and let us know approx what totals you get for charges and for interest.

 

I suggest you use the rate of 24.9% on the spreadsheet.

 

[100mel]

Thanks for this - struggling to find compound interest spreadsheet though - link I found in one of stickies didn't seem to work

[dx100uk]

- http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

[100mel]

I have written to Barclaycard and LBA but looks like I will need to issue claim in court. Are there any suitable POC for this type of claim against Barclaycard

[ajs444]

Had Barclays saying Egg charges were OK also, but found this from an old thread:-

 

In relation to Egg's claim that we have approved a charge of £16, that is not

exactly the case. What we have said in our statement of principles at para 1.6

is:

 

On the analysis we have undertaken we have concluded that generally credit card

default fees have been set at a significantly higher level than is fair for the

purposes of the UTCCRs. The level of a fair fee will, however, be dependant on

the precise business circumstances. Some exceptional factors, for example

whether a card issuer requires (not merely allows) customers to give it direct

debit authority to ensure a minimum payment is made, may lead to a lower level

of instances of default. A card issuer operating a policy of this kind may be

able to justify a higher level of default fee than one that does not because its

relevant business costs are being recovered from a proportionately smaller

number of defaults. However, even in the circumstances of this kind the card

issuer may only recover the relevant limited administrative costs arising out of

those defaults.

 

In other words there may be circumstances in which a charge in excess of £12

will be considered fair by a court if it can be shown to have been calculated in

line with our principles and a true pre-estimate of the costs they have entailed

in recovering losses.

[dx100uk]

post 5

 

dx

[slick132]

Hi Mel,

 

Have BC replied saying that all penalty charges levied were done so properly, so they won't refund ?

 

BC PoC's are in the BC forum Stickies but, as DX says, you'll find all you need to know in a **BC WON** thread.

 

[100mel]

Having read some of the stickies I am becoming more and more confused as to getting POC correct - sticky refers to 2007 terms. The Barclaycard in question for these charges was formerly an Egg card so presumably I have to find those terms and conditions. Also I read reference to Kleinwort Benson and another case - do I need to mention these.

 

Appreciate some guidance as confusion is going to make things incorrect

 

Hoping someone can point me in right direction

[slick132]

Hi Mel,

 

The POC's were drafted a long time back.

 

You need to get Egg T&C's as close to when your a/c was opened as you can.

 

Include brief references to the Sempra Metals and the Kleinwort Benson cases in the PoC.No need to go into detail - just say that you'll rely upon the case to support your claim regarding Compound Interest and/or Limitation Act 1980.

 

[100mel]

I have found Egg t & c - these are undated - there are several of them as the card was replaced on a number of occasions owing to fraud alert. I then received a Barclaycard set of terms and conditions in approx november 2011 when they bought egg and it became a barclaycard world mastercard so which set of t & c's do I refer to. I am assuming that the court claim has to be issued against Barclaycard with their t & c's - however the period of charges covers both Egg and Barclaycard

[slick132]

Good that you have the Egg T&C's.

 

You'll take court action against BC for all chgs, whether they were incurred with Egg or with BC.

 

[FrancisFamily]

Hi Mel,

 

Please can you let me know if you have a copy of the terms and conditions from 2005?

 

Many thanks.

[100mel]

My Barclaycard terms and conditions are dated 08/11 which is when Barclaycard took over my Egg account. I have a number of t & c's relating to the Egg account but these are undated from 2008 - 2011

[100mel]

I now propose to file a court claim for recovery of the charges. Don't want to make an idiot of myself in the procedure so am asking for guidance on MCOL procedure as I have never done this before

[dx100uk]

see the shelley threads

 

dx

[slick132]

Hi Mel,

 

Firstly we advise that you don't use MCOL as your space for the POC's is limited.

 

Instead file a claim using CCMCC at Salford. See this guide for the address, etc - https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&cad=rja&ved=0CEMQFjAB&url=https%3A%2F%2Fwww.gov.uk%2Fmake-court-claim-for-money%2Foverview&ei=iif8UfLYMcOR0AXGxoBI&usg=AFQjCNGeu_Qi83sNUjlr3EdSNRaOvjz5Gw&bvm=bv.50165853,d.d2k

 

Use the BC POC's in the BC Forum Stickies and include mention of :-

 

1. Sempra Metals v Inland Revenue Commissioners if you are seeking compound restitutionary interest.

 

2. Kleinwort Benson v Linclon City Council regarding s.32(1)© Limitation Act 1980 if you are claiming for charges older than 6 years.

 

If you claim compound restitutionary interest, you can amend the POC as follows :-

 

And the Claimant claims

 

(1) A declaration that the sums totaling £[ xxxx.xx] have wrongly been applied to the Account

 

(2) Payment of the said sum of £[xxxx.xx ] and restitutionary interest of [£xx.xx] as per the enclosed Schedule of Charges.

 

(3) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum, giving a daily rate of [£x.xx ] until judgment or sooner payment.

 

(4) Court costs of [ xxxx].

I believe that the facts stated in these particulars, comprising of x pages, are true.

 

Have you read through some of the BC **WON with compound interest** threads.