Here we go again

[BikerPaul]

I won against Barclays and they paid up some £350...

 

Since then I;ve gone over limit twice, and they've charged me.

 

Each time I sent a further LBA, reminding them of the previous case.

 

The first one - £20 - they refunded.

 

The second one - £12 - they refuse to refund as the OFT says £12 is fair...

 

 

I'm going back to court for £12, plus court costs. Barclays refuse to negotiate!

[noomill060]

Good for you, bikerpaul. Eventually these scumbags will learn that the OFT has NOT said that £12 is fair, but merely a maximum.

 

It will be steep learning curve, methinks.

[BikerPaul]

When the charge is issued as a penalty, the position of customers and the OFT is that the charge is unlawful under contract law, and is therefore unenforceable. To quote the OFT statement, 'We consider that a contract term is likely to be unfair if it requires consumers to pay more as a result of a default than the court would order them to pay if they were sued for breach of contract. This means that a default charge should not exceed a reasonable pre-estimate of the administrative costs that the consumer ought to have realised would be likely to be incurred by his or her card issuer in dealing with defaults.'

 

Additionally, the OFT did NOT state that it 'believes a default fee of £12 is fair.' What they actually said, and I quote, 'We are not suggesting that default fees should be set at £12, and a court will certainly not consider that a default fee is fair just because it is below the threshold.'

 

[kirstytwin]

Just interested, when you claimed against barclaycard did they expect you to clear the card?

 

I have some credit cards that I wish to claim back my charges, but am reluctant to if they want all the money owing back to them straight away.

 

Regards,

[BikerPaul]

Nope, not at all... PRovided I remained within the T&C they were happy for me to continue paying them interest at 29.9%...

 

IF I seek determination they'll have that to deal with too, of course... £30 per £100 for a running credit account with no missed payments in 6 years...!

[kirstytwin]

Thanks for the prompt response, I will start the ball rolling.

 

Kirsty