rob14973 v Barclaycard

[rob14973]

Hi

 

After my second get lost letter, i decided to give barclaycard a phone call asking for a list of charges from 2001 to 2004. he could do a list of charges but would send it out in statement form. (approx 40 statements). The kind gentlemen says they have been ordered and will be with u in less than seven days at no cost.

 

so lets see if he's a good as his word.

 

oh and i know this thread will end up in the wrong section so could a moderator please move as for some reason it will not allow me to start a new thread in barclaycard.

 

Thanks

 

Rob

[MARTIN3030]

Consider that done Rob.

 

Well done so far keep us posted !!

[e28bigalbexley]

Hi Rob WELCOME,,

Always send post Recorded (£1) or Special Delivery(£4.10) at least you can claim of post office if they lose it, and you can track it on PC to see when it arrives you can always claim it back in costs.

Course if you did any of the above just ignore this.:o

 

AL

[rob14973]

Hi

 

Al thanks for the advice. I send everything recorded post anyway and will be claiming it back if we go to court.

 

Cheers mate

[rob14973]

Hi

 

Quick update, still waiting for my statements after they had promised to send them 2 weeks ago. Phoned them up yesterday to find out where they are. During the conversation they managed to tell me their filing system does not come under the data protection act subject access request criteria. I reminded them that the abby national have the same filling system and the information commisioner had stated this being a relevent filling system. They replied well our is different to abbeys mmmmm:lol: . Well i left the conversation saying that you have 3 days to get my statements as i will report u and take u to court if i have to. Reply was eerrrrm ok we will get your statements to u within 5 days.

 

So complaint gone to the information commisioner

 

Just typed up my lba

 

rob

[rob14973]

As im justing about to send my lba, my statements from april 2001 have arrived. Very interesting barclaycard stated they only started charges in june 2001. On my april 2001 statement charge for £20 over limit fee. Lying twits

 

Right question, do i continue to claim for the charges i have got already and then pursue pre april 2001 when i get the rest of my statements.

 

rob

[johnc007]

they nolonger will do this they now say you have to pay the £3 for each statment

[rob14973]

Ok been delayed with this claim! But a quick update i will be sending of my prelim tomorrow for charges and contractual interest £1960.

 

Rob

[rob14973]

Hi got a response to my prelim letter today saying the usuall bull that we are dealing with your complaint and we will get back to u before the 28th December we have enclosed a valued customer feedback leaflet lol.

 

I will give em another 10 days before i send my LBA.

 

Rob

[noomill060]

Read this, the Information Commissioner have told Barclaycrud they are in breach of DPA and to comply with SARs and are encouraging those microfished to persue Barclaycrud for damages.

 

I wonder if we should include this action in with our action to reclaim charges etc?

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/50152-barclaycard-microfiche-they-wrong.html

[rob14973]

Hi another update

 

Received a letter yesterday offering £362 difference between the £12 (OFT recommendation NOT!) and the charges levied on my account.

 

So LBA will go on Monday.

 

I will not include the bank commissioner findings in my letters for this particular claim as i have all my statements. However i will use it when i ask for a full S.A.R.

[rob14973]

Hi

 

Update

 

Had a response to my LBA today. I wont bother you with contents, as the details can be summed up in two words 'Feck off'.

 

So im going to give them a quick phone call before i file with mcol.

[Odie]

Hi Rob, I am just about at the moneyclaim stage. Following your thread so please keep us up to date. Thank you

[rob14973]

Hi

 

Made a phonecall to barclaycard which was a complete waste of time. They told me if i want them to settle the claim in full then i had to file a mcol.

 

Funny!

[rob14973]

Hi

 

Been a bit delayed filing my mcol. But in the claims of particulars i am struggling what to write in the calculations paragraph. I am not claiming s.69 interest as im claiming interest on the charges and contractual interest on the whole amount daily with an apr 24.9%

 

Any help would be appreciated

 

rob

[rob14973]

bump

[Michael Browne]

If you are claiming contractual, it's recommeneded you file using N1 since there is unlimited space for your POC's which need to include:

 

"The Claimant also claims interest at a rate of xx%, from the date of each transaction to (date of claim) of £xxxxxx, as set out in the attached list of charges. The claimant further claims interest at the same rate up to the date of judgement or earlier payment, at a daily rate of £xxxxx per day.

 

The Claimant believes this rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendants overdraft interest rate that would be applied under the terms of the above mentioned account.

 

Should the court find that this interest rate is not applicable, then as an alternative the Claimant wishes to claim interest pursuant to section 69........"

 

[rob14973]

Thanks for that mr browne

[TANZARELLI]

Hi Michael,

 

Is it not to be worded "based on the Defendants Cash Advance Rate" and not the overdraft interest rate?

 

I may be wrong.

 

Tanz

[Michael Browne]

Is it not to be worded "based on the Defendants Cash Advance Rate" and not the overdraft interest rate?

 

 

Good point, well spotted. Must pay more attention. Thanks.

[TANZARELLI]

Good point, well spotted. Must pay more attention. Thanks.

 

No problem, glad to be of help.

 

Tanz

[rob14973]

Hi

 

The intrest rate i am claiming for is for 24.9% i am doing my n1 form can i change my schedule of charges to the cash advance rate of 27.9% at this stage. or do i have to re send of anothe LBA.

 

Also when claiming for contractual intrest how would i list the the value of what im claiming i have had a go?

 

Charges £xxxxx

Interest on charges £xxxx

contractual interest total £xxxx

Court Costs £xxxxx

 

Thanks

 

Rob

[TANZARELLI]

Hi

 

The intrest rate i am claiming for is for 24.9% i am doing my n1 form can i change my schedule of charges to the cash advance rate of 27.9% at this stage. or do i have to re send of anothe LBA.

 

Also when claiming for contractual intrest how would i list the the value of what im claiming i have had a go?

 

Charges £xxxxx

Interest on charges £xxxx

contractual interest total £xxxx

Court Costs £xxxxx

 

Thanks

 

Rob

 

Hi Rob,

 

I would think it would be best to stick with the rate you previously used, but I would seek clarification form someone else. What did you say in your LBA and did you sent a schedule with interest with this or without? The rate 24.9% is this the rate that relates to your card? If so then use this, IMHO. I am not sure if you would need to send another LBA but if you were to change your claim details then prob yes. I would PM a MOD on this for clarifications sake. HTH

 

Tanz

[TANZARELLI]

Also Rob have a lool at this thread started by BF. You may get a lot from this.

 

http://www.consumeractiongroup.co.uk/forum/general/18313-why-no-one-claiming.html?highlight=contractual+interest

 

Tanz

[rob14973]

Hi

 

Thanks for getting back to me i will keep it to 24.9%. Also to work out my daily rate of interest its is my total charges plus interest x 0.00022 is this correct?

 

Can someone also take a look at my poc. Is this ok

 

1. The Claimant has an account xxxxxxxxxxxxx with the Defendant, opened around May xxxxxx

 

2. During the period the account has been operating the Defendant has debited numerous charges to the account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends the charges were debited in accordance with the terms of contract between itself and the Claimant.

 

3. A list of charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive, are not a genuine pre - estimate of costs incurred by the Defendant, exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the claimant claims:

 

a) The return of the amounts debited in respect of charges in the sum of £xxxxx.

 

b) The Claimant also claims interest at 24.9%, from the date of each transaction to the 26/09/2006 as set out in the attached list of charges. The Claimant further claims interest at the same rate up to the date of judgement or earlier payment, at a daily rate of £0.39 per day.

The Claimant believes this rate to be justified under the principle of mutuality and reciprocity and is based on the Defendants cash advance rate that would be applied under the terms of the above mentioned account.

Should the court find the interest rate not applicable, then as an alternative the Claimant wishes to claim interest pursuant to section 69 County Courts Act.

 

6. Alternatively, if the charges are a fee for a service,then they must be reasonable under the S.15 of the Supply of Goods and services Act (1982)

 

Thanks