Lowells/Barclaycard

[slick132]

We can always live in hope that they wil improve the way Barclays treat their customers but it'll take some persuading and time.

 

Until that happens, keep everything in writing only, or email.

 

;-)

[Grundles]

Right, so claim has been declined (Not sure that is the right word!) so I have filled in the N1 forms, is this correct? They have said I can refer it to the financial ombudsman as they feel that "the charges of £12 was in line with our actual and estimated costs" and that I agreed to the terms and conditions. They say it is their final response too.

 

They have also failed to provide with all the information I asked for in the SAR, can I throw this at them? If so, how? They are still messing around with this part of the issue though.

 

Any pointers from people that have managed to get the charges back off of them?xx

[shutmeup]

Thats their standard response but they will pay up if you start court action.

 

You can argue for the default to be removed as well if without those charges being added your account wouldn't have been defaulted. I think you may be able to do that anyway as the amount you were defaulted for would be different without those charges added.

 

Although I 'bribed' them into removing my default by agreeing to accept a lower cash settlement in exchange for them removing all their account history from my credit files. It depends if you want more money or the default removed from your credit file.

 

If you start court action Barclays will buy the account back from Lowells so i wouldn't bother trying to sort out how it appears on your credit file at the moment.

 

Have you got a list of all your charges and the dates of them? Look for a £40 charge as well that BC sneak in for notifying you by letter that your account is behind payment. They will pay that back as well.

[slick132]

Hi Grundles,

 

If you sent your LBA off on 8th July as suggested in post #50, they have 14 days to respond.

 

The N1 claim should not be sent earlier than the deadline unless they've responded negatively to the LBA.

 

[Grundles]

I have a final response from BC saying that they will not uphold my complaint. Not sent LBA as mentioned as I managed to get a response from the web relations team.

 

As far as I can see N1 is the next step, looking at shutmeup advice? Not that I don't trust people I just want to make sure I get every step right so as not to make myself look like a fool!!xx

[Grundles]

P.S letter never received that Monday as they sent it to my old address, even though I had passed Data Protection and updated my postal address, the customer complaint service respondent didn't note the new address!!!!!xx

[slick132]

Before you file the claim, you should send them the LBA.

 

If they reply negatively to that letter, or they fail to respond within the 14 days you give them, THEN you can file your claim.

 

[Grundles]

Righto, LBA sent, and responded to. Still not budging.

 

I have the N1 forms in front of me and some guidance as to how to fill them out etc would be gratefully received. I've looked at the templates, but there a figure of 8% interest is stated in the particulars of claim not 24.9% that is mentioned above. Which do I use? Any pointers? I have given them the chance to make me an offer outside of court but to no avail.

 

What should I put in the brief details of claim?! I am planning on doing it online, as it is a quicker way of doing so and involves less printing etc.

 

Thaaaaaanks so far!

Edited July 22, 2013 by Grundles

[slick132]

Hi Grundles,

 

We suggest you use the CCMCC office to start your claim as this enables you to make a more detailed PoC's.

 

Brief details of claim - Money claim for return of penalty charges applied to the Claimant's credit card account by the Defendant.

 

If you're using a compound interest spreadsheet and 24.9% interest, that is what you refer to in the PoC's. There should be examples of **BC WON** cases in the Barclays successes forum.

 

Also see Trancyb's thread here which may help - http://www.consumeractiongroup.co.uk/forum/showthread.php?368541-trancyb-vs-Barclaycard&p=4114556&viewfull=1#post4114556

 

[Grundles]

Thanks Slick

 

I shall have a look at the other thread too...here goes nothing!x

[Grundles]

Had a quick look at the link posted above, very very helpful indeed. Glad I read it to be honest, otherwise I wouldn't have sent three copies of all the docs (only one!! phew!) It also prepared me for how long it could take, although mine isn't anywhere near the sums of money Trancyb is looking at.

 

I posted special delivery just a minute ago and have the receipts etc. I've kept track of all the emails, letters, phone calls etc so I have also included this in my claim.

 

Still don't have the full info requested from the SAR but I know the figures and the dates I paid them on. This is more just to prove a point that I shan't give up as much as anything :-/ I know, slightly childish.......x

[Grundles]

Notice of Issue received by BC today. The Web Relations have gone all quiet on me, it would appear they don't even want to discuss or come to an agreement outside of court, am I reading these vibes correctly?

 

What can I expect now? They have until 19th August 2013 to respond....

 

[slick132]

Hi Grundles,

 

Be patient and use your time to research and prepare.

 

BC will acknowledge and defend and your case will proceed through the process.

 

It's reasonable that Web Relations would go quiet on you - you're suing the bank !! The litigation will run it's course and

 

When you are anxious and keen to see results, silence is the banks greatest weapon.

 

Why is it that you're still even talking to Web Relations ?

 

[Grundles]

Thanking them for finally sending the SAR clarification which I had to almost bully them for, I also gave them the opportunity to discuss it if they so wished, to show willing but meh, as you say silence is the greatest weapon, but considering it's been going on since April I just want to finish playing letter tennis now!! That and I was being polite, as my Grandma always taught me :-p

 

It's ridiculous that they are defending such a small amount, I have given them the possibility of making me an offer etc, it's surely going to cost them as much to defend as it is to just make me an offer?! Either way, what will be will be.....

 

Thanks SLick xx WIsh me luck x

[brown1950]

Notice of Issue received by BC today. The Web Relations have gone all quiet on me, it would appear they don't even want to discuss or come to an agreement outside of court, am I reading these vibes correctly?

 

What can I expect now? They have until 19th August 2013 to respond....

 

 

From my own experience Barclays will go with defending / etc / etc and then one week before going to Court the 'offers' to settle will start from Barclays !

[Grundles]

Thanks guys.

 

Any hints or tips on good places where I can get info from for back ground reading please? Apart from here, any good threads for pointers?

 

xx

[slick132]

Hi Grundles,

 

See my advice in post #59 earlier.

 

[Grundles]

So went away for a week (lost my purse in the process!) but

 

did come back to a letter from BC offering me just over half of the money claimed with no mention of sorting out my credit reference.

 

I plan to write to them stating that I conditionally accept the offer subject to them updating the default on my account, if they refuse to do it then I shall be .

 

Not sure, as they have sold the debt to Lowells, whether this will actually have any positive affect on my report.

 

Lowells are not mentioned on my report at any point whatsoever and the debt is still showing as Barclaycard.

 

Lowells have already refused to update my report as they are adamant that they are reporting it correctly.

 

If i insist that BC update it, will it have a knock on affect that they shall insist to Lowells?

 

Or will they say that they have sold it therefore I need to sort it?

 

Assuming it is the latter...?!

 

Any thoughts?

[slick132]

Hi rundles,

 

If you accept their lower offer, they may see this as you backing down. Hence they may also be unwilling to do as you want re the adverse credit data.

 

Probably your best bet, if you want a higher offer, is to reject the current offer and continue the court process.

 

When they see that you are serious and prepared to see the court claim progress, they may be more willing to increase their offer and remove adverse credit data.

 

[Grundles]

I have written to them telling them that as they have ignored my request to update me Credit File I can't accept the offer. They have replied saying that they will have to go and "discuss" this with his colleague....this was yesterday.

 

We shall see

[slick132]

Hi Grundles,

 

Did you tell them you also reject their offer because it's too low ?

 

[Grundles]

Yes, I told them I would not consider accepting it until they confirmed what they intend to do with regards to correcting my Credit Report. The silence has been deafening!!!

 

[slick132]

Hmmm,

 

From experience in helping others negotiate their BC settlement, I think you may be a little too willing to settle for less than you could get.

 

Getting CRA data removed can often be more difficult than getting penalties repaid. It's therefore important to keep the pressure on Barclays so you can get CRA data removed as well as the financial settlement you deserve.

 

Can you please confirm approx what is the total you are reclaiming and what is the amount on the CRA adverse entries that you want removed.

 

[Grundles]

Default amount is £400ish, total reclaim is £815.57.

 

I was quite careful in how I worded it, using "consider accepting", "subject to confirmation of removal of default". Don't worry. I have come this far and won't be letting them get away with it too easily!x

[slick132]

I think it's important to at least get them to offer more than the default amount.

 

Then you can argue that the default amount would never have occurred without their penalties and interest and this should make your case stronger, for the removal of ALL adverse credit data.