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Hi FF,

 

Yes, this response to your LBA means you can file your claim via the Salford Claims centre without further delay.

 

Your claim will be filed against Barclays Bank plc t/a Barclaycard at the London HQ.

 

Make sure you're happy with your PoC's and include mention therein of the cases of Sempra Metals and Kleinwort Benson.

 

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Just to add to the fun and games, I have received a response to the PPI breakdown on this card. I requested the exact breakdown of actual and estimated premiums. Initially they responded advising that they would repay the premiums, the interest and the statutory interest.

I responded requesting the actual breakdown of figures so that I could check their calculations and actual premiums. Imagine my suprise when I was advised that due to Data Protection I would have to SAR them for the information, add to this that they dropped in the fact that "we only hold statement data back to January 2001" very interesting as they could only provide me with statement data back to September 2001.

I have called the Executive Office who are investigating the matter for me.

This might be an interesting route for other people to take when trying to obtain old information?

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Hi FF,

 

If the Exec Office fail to resolve this, respond in writing to BC saying the provision of their PPI refund calculations has nothing at all to do with the DP Act.

 

If you have already sent them a SAR, you can add that they should have provided all data in response to it. So unless they supply their full refund calculations, you will make a formal complaint to the ICO about their SAR Non-Compliance and a further complaint to the FOS about their refusal to supply the calc'ns.

 

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Thanks Slick, so should I wait on the information from Barclaycard regarding the BC PPI incase they provide me with the Jan to Aug 01 statement information in case there are additional charges?

 

I will press on with the EGG charges, should I use the EGG or BC text for the EGG card, I assume as all information has come from BC and they own the debt and have already refunded PPI it should be them?

 

With the text of the POC Charges: -

 

"(d) In addition the Defendant was entitled to charge default fees (“the Charges”) where the Claimant exceeded the Limit, did not pay on the due date or had a payment returned. The Charges are currently £12 for each transgression. Prior to 2006 the Charges were £xx."

 

My charges are all prior to 2006 so should I amend this to

 

"....payment returned. The charges were prior to 2006 and ranged between £15 & £20."

 

Also where would I insert the following paragraphs: -

 

As some of the charges being reclaimed are now older than 6 yearslink3.gif, I will rely on s.31© Limitation Act 1980 and the case of Kleinwort Benson v Lincoln City Council to claim such older charges.

 

With regard to my claim for compound restitutionary interestlink3.gif, I will rely on the case of Sempra Metals Ltd v Inland Revenue Commissioners as relevant case law.

 

Finally, under section 19

 

And the Claimant claims

 

(1) A declaration that the sums totaling £[ Is this the total of charges and interest? xxxx.xx] have wrongly been applied to the Account

 

(2) Payment of the said sum of £[Is this just charges?xxxx.xx ] and interest of [£xx.xx] applied by the Defendant thereon. Would this be amended "from applied by the defendant" to "interest in restitution of"

 

(3) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of payment of the Charge to date in the sum of £[xxx.xx ], and at the daily rate of [ xx ] until judgment or sooner payment. Does this need to be amended to reflect that the interest is in restitution?

 

(4) Court costs of [ xxxx]. What figure would I use here?

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

 

Many thanks for any advice.

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Hi FF,

 

It's probably worth waiting to see if any older PPI data comes back.

 

Re the charges reclaim, describe the charges accurately so, if they were Egg Chgs, refer to them as such.

 

Your amendment to chgs being £15 to £20 and older than 6 years is fine.

 

Re s.19 of the PoC's :-

 

(1) A declaration that the sums totaling £[ enter just the chgs here] have wrongly been applied to the Account

 

(2) Payment of the said sum of [again, just the chgs £xxxx.xx ] and interest in restitution of [£xx.xx]

 

(3) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum at the daily rate of [ xx ] from the date of issue until judgment or sooner payment.

 

(4) Court costs of [£xxxx]. Enter here the cost of filing the claim

 

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

 

Re item 3, Stat'y interest is at 8% (simple) regardless of the fact that you're claiming compound int't in restitution.

 

That should do it. :wink:

Edited by slick132

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Thanks Slick,

 

I'm still waiting for the information to be provided (apparently I should get a response shortly), I guess it takes longer for them if they have to explain how different departments can obtain different quantites of information.

 

I will also be interested to find out if the PPI calculation software that they have used means that they actually store the information on one of their systems rather than microfiche ;) presumable for them to do the calculations acurately they have to have all transactions entered into the calculator?

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Hi FF,

 

Keep on at them to provide any outstanding data.

 

They tend NOT to provide calculations for their PPI offers but this should be challenged. Otherwise, how can you be sure what they offer to repay is fair.

 

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  • 3 weeks later...

Hi Slick, I got the information, and it didn't really make sense, in that a large number or months had an interest rate of 0.00%, however this did not match the rate on the statements and the balance had not been cleared.

 

I did also get the statements between the Jan and Sept 01, and also received an additional £100 for my wasted time (in addition to the original £200 for the original delay in responding to my SAR), which is amusing, considering that the who PPI claim is only for about £290. That said, the charges with interest are about £3500.

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Hi FF,

 

Do you have a separate thread to discuss the PPI issues. If not, I suggest you start one so the PPI and penalty charges aspects don't get confused.

 

Where are you at now with the penalty chgs reclaim.

 

:wink:

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Hi Slick, I didn't create a seperate one, as to be honest they instigated the settlement before I actually submitted a formal complaint - they assumed I would complain about PPI rather than penalty charges.

 

I was trying to highlight the fact that if people request a breakdown of what PPI premiums were actual (instead of estimates) they will be able to find out how the statement data goes back ;).

 

I am literally submitting the N1 at this very moment :).

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I think that I now have the POC correct, would you mind giving it a quick once over for me please?

 

1. The Claimant entered into an agreement (“The Agreement”) with the Defendant on or around 21/03/2000, whereby the Defendant was to advance credit facilities to the Claimant under a running credit account, Account no XXXXXXXXXXXX ("The Account").

 

2.The Agreement essentially consisted of the Defendant providing the Claimant with a credit card (“The Card”) which would allow the Claimant to make purchases and receive cash advances on credit. In return the Defendant was entitled to charge interest at the published rate.

 

3.The Agreement was a Regulated Agreement for the purposes of the Consumer Credit Act 1974.

 

4.At all material times the contract was subject to the Defendant’s standard terms and conditions which could be varied from time to time.

 

 

Summary

 

5. Throughout the course of the Agreement, the Defendant has added numerous default charges to the Account for the Claimant’s failure to make the minimum payment on the due date and or for exceeding the credit limit and or if a payment is returned. (Full particulars are set out in schedule 2).

 

6.The default charges were applied in accordance with the standard terms of The Agreement which were:

a). A penalty payable on breach of contract and thus unenforceable: and

b) An unfair term under the Unfair Terms in Consumer Contracts Regulations 1999 (“The Regulations”) and therefore not binding on the Claimant.

 

 

7. The Claimant is accordingly entitled to repayment of the sums wrongly added to the Account.

 

The Charges

 

 

8. The standard Terms of the Agreement in substance provided as follows:

(a) The Defendant would provide the Claimant with the Card. The Claimant was entitled to use the Card to make purchases and receive cash advances up to a credit limit (“the Limit”) set by the Defendant. The Defendant could unilaterally change the Limit by giving the Claimant notice in writing.

(b) The Defendant was entitled to charge interest on the purchases and cash advances at the published rate.

© The Claimant was to pay the minimum payment of 2.25% of the amount owed or £5 (whichever was the greatest) by the due date as notified in the monthly statements.

(d) In addition the Defendant was entitled to charge default fees (“the Charges”) where the Claimant exceeded the Limit, did not pay on the due date or had a payment returned. The charges were prior to 2006 and ranged between £15 & £40."

 

Penalty

 

9. The Charges were payable on breach of contract by the Claimant.

 

10.The amount of the Charges exceeded any genuine pre-estimate of the damage which would have been suffered by the Bank in relation to the Claimant’s transgressions.

 

11. In the premises the Charges were punitive and a penalty and thus unenforceable at common law.

 

The Regulations

 

 

12.At all material times the Claimant was a consumer within the Regulations.

 

13. At all material times the terms of the Agreement providing for the Charges were unfair within regulation 5 of the Regulations in that contrary to the requirement of good faith they caused a significant imbalance in the parties' rights and obligations to the detriment of the Claimant.

 

14. Without prejudice to the burden of proof, the Claimant will refer to the following matters in support of the contention that the terms are to be assessed as unfair as at the time of the conclusion of the Agreement, and of each revision to the Standard Terms.

(1)The terms relating to Charges were standard terms; they would not be individually negotiated.

(2)The Charges were a penalty for breach of contract.

(3)The Charges exceeded the costs which the Bank could have expected to incur in dealing with the exceeding of the credit limit, late payment or returned payment.

(4) Accordingly the Charges were a disproportionate charge incurred by the Claimant for their failure to meet their contractual obligation and thus within the ambit of Schedule 2 (1) (e) of the Regulations and indicative of an unfair term.

(5) As the Bank knew, the Charges were of subsidiary importance to the customer in the context of the Agreement as a whole and would not influence the making of the Agreement.

(6) As the Defendant knew, the Claimant had no means of assessing the fairness of the Charges.

(7) In the premises, the effect of the Charges would be prejudicial to the customer who incurred them, and cause an imbalance in the relations of the parties to the Agreement by subordinating the customer’s interests to those of the Defendant in a way which was inequitable.

 

15.Without prejudice to the burden of proof, the Claimant will contend that the terms imposing the Charges are not core terms under regulation 6 of the Regulations and relies on the following matters.

(1) The assessment of fairness does not relate to terms which define the main or core subject matter of the Agreement.

(2) The assessment of fairness does not relate to the adequacy of the price or remuneration as against the goods or services supplied in exchange (in other words, whether or not the relevant services were value for money).

(3) The Charges are correctly described as default charges by the Defendant in the key information provided to new customers.

 

16. By reason of the said matters the terms were not binding under regulation 8 of the Regulations.

 

17.The Defendant wrongly applied Charges to the Account totaling some £375.00 between 14/09/2001 and 09/02/2005. Particulars appear from Schedule 2.

 

18. On 13/04/2013 the Claimant demanded repayment of the sums wrongly applied.

 

19. The Defendant has not repaid them or any of them.

 

And the Claimant claims

 

(1) A declaration that the sums totaling £375.00 have wrongly been applied to the Account

 

(2) Payment of the said sum of £375.00 and interest in restitution of £3158.30.

 

(3) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum at the daily rate of £0.74 from the date of issue until judgment or sooner payment.

 

(4) Court costs of £100.

 

I believe that the facts stated in these particulars are true.

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19. (2) Payment of the said sum of £375.00 and interest in restitution of £3158.30 as per the case of Sempra Metals v Inland Revenue Commissioners.

 

Also, if you're reclaiming any charges older than 6 years, you should mention your intention to rely on the case of Kleinwort Benson v Lincoln City Council.

 

:wink:

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Thanks Slick - I'm such an idiot! Lol.

 

Would this work under the "Charges" section: -

 

(d) In addition the Defendant was entitled to charge default fees (“the Charges”) where the Claimant exceeded the Limit, did not pay on the due date or had a payment returned. The charges were prior to 2006 and ranged between £15 & £40."

 

As the charges being reclaimed are now older than 6 yearslink3.giflink3.gif, I will rely on s.31© Limitation Act 1980 and the case of Kleinwort Benson v Lincoln City Council to claim such older charges.

 

 

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Hi FF,

 

You've referred to the wrong Section of the Limitation Act. You'll rely on s.32© Limitation Act 1980

 

You could add it to your item 7 so it reads :-

 

7.(a) The Claimant is accordingly entitled to repayment of the sums wrongly added to the Account.

(b) Where any such charges are now older than 6 years, the Claimant relies on s.32© Limitation Act 1980 as per the case of Kleinwort Benson v Lincoln City Council.

 

Re 8(d), you can put :-

 

(d) In addition the Defendant was entitled to charge default fees (“the Charges”) where the Claimant exceeded the Limit, did not pay on the due date or had a payment returned. The charges were incurred by the Claimant between xxyear and xxyear and ranged between £12 and £40.

 

We need to update the PoC to include these items - it's not your fault. :wink:

 

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Noted and, talking of charges, I'm NOT aware that £40 was ever charged. :???:

 

I wonder if you maybe had a double charge, like if you had a missed payment and an over-limit fee, both added at the same time.

 

In any event, as long as you have the right amount and date for the penalties you were charged, it'll be fine. :wink:

 

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I had the same £40 out of order charge. I think it was a charge for them sending a letter saying your account was behind payments.

 

I put it in my claim with added interest and they paid up without any problems.

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Thanks and noted.

 

It'll make no difference once it's all back in your pocket plus compound int't.

 

:-D

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Hi Slick,

 

Just a final few questions.

 

With the online form, what do I enter for the following: -

 

Should I tick the "You are required to give details of your claim in the box below. If you wish, you may also send detailed particulars direct to the defendant. If you need to do this, please tick here " check box?

Date money became owed to you (dd/mm/yyyy): - Is this the date of the first or last charge?

Claim amount: - Is this just the charges, or charges and interest in restitution?

Daily rate of interest up to the date of judgment: - How do I calculate this? I wsa was using the 24.9%.

 

Many thnaks for all of your help :)

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And finally, I have just realised that there is only 17 lines on the online form, for a breif POC, is there any standard text for this?

Do I then just send Barclaycard and or the Court the detailed POCs and the spreadsheet?

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Hi FF,

 

We recommend you file your claim using the CCMCC Salford office so you have room for the full PoC's.

 

Is there any reason you wanted to use MCOL. If not, use the new CCMCC system.

 

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Hi Slick,

 

There was no reason, I just googled N1 online submission and that is where I ended up!.

 

Do I give an actual figure for the daily interest? Because being compound interest the amount wouldn't the value be varied?

 

Many thanks as always.

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Submit using CCMCC if you can.

 

Whatever your figure for charges and in't on your SOC, you multiply that by 0.08 (to get the annual 8% figure) and divide by 365. This gives you the figure for daily 8% simple Stat'y Int't.

 

You also get the answer if you multiply your chgs and int't total by 0.00022.

 

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