Very Old Barclaycard Charges ***Settled by way of Tomlin Order***

[dx100uk]

as they did with the old SAR system too..

[tnook]

Will persevere. A bunch for charges from 1998, when I was single and carefree should add up to a nice claim

[tnook]

Does anyone know where the credit card interest calculator spreadsheets are? The links in the library are broken.

[dx100uk]

no such thing

 

do you mean the sheets to calculate the interest charged on penalty charges?

 

cisheet

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

[tnook]

Yes that the one. Thanks!!

 

Do you think I should try claim contractual interest? Have there been any successes?

 

I just used the spreadsheet and compared the Statutory 8% vs Contractual 19.9% on a single £25 charge from July 1998. The difference is staggering.

 

For 8% = £91.87

 

For 19.9% = £924.18

[dx100uk]

there have been successes yes

see the shelley threads and martin2006 threads

[tnook]

Will have a look thanks. I think I have about 30-40 charges from back then. Late payment and over limit on two cards. Could get interesting.

[tnook]

Been reading the Shelley threads. Wow, mind blown. You guys are a great help.

 

Was interested in the amount of interest to apply for restitution. Slick you mention 29.9% as good number. Crumbs if I apply that then a single £25 charge from 1998 will attract compound interest of £ 4,678.68. I expect I have about 30 to 40 of these charges, so the total claim could be over £150,000. This will no doubt attract a lot of resistance from BC. Plus won’t it put me out side the small claims track?

 

I’m willing to give it a go if you can guide me.

[slick132]

Hi Tnook,

 

Get the necessary data first, then enter it on the Spreadsheet and let us know what the figures look like.

 

I've always preferred the rate of 24.9% despite what has been claimed in the past. Also, we must bear in mind that the likes of yourself, Shelley, Kate999, etc won their claims years ago and cases since then have been defended.

 

I've just seen you went through the reclaim process and won some 8 years back - it may be different now and I'll look for more recent cases as examples. Old thread is here - https://www.consumeractiongroup.co.uk/forum/showthread.php?257056-Claiming-BC-charges-over-6-years-**CHARGES-REPAID-with-CONTRACTUAL-INT-T**

 

Also, anything reclaimed over £10K carries greater risks :-

 

1. The case may be more vigorously defended by a bank who cares nothing about the legal costs they incur.

 

2. The risk of costs going against you are greater with cases NOT heard on the Small Claims track of the County Court system.

 

3. The costs involved increase significantly on Fast and Multi Track claims.

 

I'll come back with links to more recent cases later .............

 

[tnook]

Thanks Slick, appreciate the help. First battle is getting the old statements.

 

I know how precious they are about their microfiche system.

[slick132]

If they refuse to release data because it's on Microfiche, you can complain to the ICO or you could take direct court action seeking nominal damages for failure to comply with the SAR. I assume you will now complain at their failure to disclose the data re charges on your B a/c.

 

This was a case from earlier this year - https://www.consumeractiongroup.co.uk/forum/showthread.php?460786-Barclaycard-Charges-Reclaim-and-now-Default-Removal&p=5097754&viewfull=1#post5097754

 

It starts part-way through the claim but you should take time to read it right through.

 

On reflection, Johnhn should perhaps have accepted the offer and not continued the claim JUST to have the default removed. The change of judges may also have played a part in the case being lost but that's always a risk.

 

Get the data and read through the whole of Johnhn's thread.

 

[tnook]

Just read Johnhn's tread. Feel really bad for him and annoyed that a judge who is ignorant of the regulations and law can just do that.

 

The lessons I am taking from this are firstly I'll be sensible about settling if it's the right thing to do. Secondly learn everything about how credit card charges are not covered by the OFT vs Nationwide case, so that I can argue it strongly in court if needed.

 

Are there anymore recent examples of BC successfully defending claims?

[slick132]

Hi TN,

 

I can't recall any other recent threads (in the last 5 years) where BC successfully defended.

 

I've just moved a couple more threads into the Barclays Successes forum - cases (probably) won by HPMum and Martin2006 but can't say for sure due to confidentiality clauses.

 

[tnook]

Still waiting for BC statements/transactions.

 

Meanwhile started a similar thread on old Cahoot charges:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?488630-Claiming-Cahoot-credit-card-charges-from-2003-2003-contractual-interest&p=5135041#post5135041

[tnook]

Time limitations.

 

I know we tend to rely on Kleinworth to overcome the 6 years limitation, but I was reading there is a 3, 6 and 15 year limitation which the banks will use to get cases dismissed. See links below from the MSE forum and practical law site.

 

Is this a problem for older claims?

 

https://forums.moneysavingexpert.com/showthread.php?t=571302&page=156#topofpage

 

https://uk.practicallaw.thomsonreuters.com/1-518-8770?transitionType=Default&contextData=(sc.Defaul++t)&firstPage=true&bhcp=1&comp=pluk

[dx100uk]

we've never seen Barclays try that they know diff

as for MSE

I wouldnt believe anything that's written there...

 

practical law...well but the fact is here its WHEN YOU REALISED not any other time.

[tnook]

It's been 3-4 weeks now and no reply from BC. I asked for the statements for the accounts but nothing, not even an acknowledgement. I guess this is standard. What's the next step go to the Information Commissioner or just straight to court?

[dx100uk]

give em a ring

[tnook]

Spoke to a lady who was nice but had no idea what was going on.

She checked the records and said they send a letter early July.

 

This was the original incomplete set of data.

No mention of my letter from mid July requesting they complete the request with the specific Visa and MasterCard information.

 

The lady said shel'll give me a call sometime next week if she hears back from the relevant department.

 

I don't feel super confident they will comply.

[tnook]

Ok called again, they haven't a clue.

 

I have now sent them my LBA giving them a week to get the statements to me.

 

In the meantime I have reported the breach to the information commissioner but I won't hold my breath on them doing anything useful.

[slick132]

What address have you used to write to Barclays again.

 

Did you use a letter from our Library - https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?404-Data-Protection

 

[tnook]

Ok have reached the end of the road with asking Barclays nicely for the statements/data.

 

Call centre is adamant they only have 6 years of data. Letter back from Barclays saying they have already complied with the GDPR request and won’t process it again. However Iif I want to supply additional information they may look again. All the information was in my previous letters.o

 

Time to escalate it in the courts. I’ll start drafting my claim form tonight, can someone check it before I submit it?

[slick132]

Can you answer the 2 Q's in my post above.

 

Have you followed Pre Action Protocol ? You'd be unwise to fire off a claim without going through the right pre-court action warnings.

 

[tnook]

This was my LBA letter:

 

Barclaycard

Customer Relations Dept.

1234 Pavillion Drive

Northampton

NN4 7SG

 

 

Dear Sir/Madam,

 

LETTER BEFORE ACTION

 

ACCOUNT /REF NUMBERS

 

Barclaycard Mastercard XXXXXXXXXX

Barclaycard Visa XXXXXXXXXX

 

I have made several requests now for transactions and charges relating to my banking history with your organisation for the accounts listed above. From their opening in 1998 thru to their closure in 2003. I have also stated, a complete set of statements for that period will be acceptable.

 

You continue to ignore my requests, even though you have confirmed in writing that you have the data. For convenience I have enclosed copies of my requests.

 

I have now filed a complaint with the Information Commissioner about your statutory breach.

 

If I do not not receive the data I have requested within the next 7 days I will proceed with legal action in the county courts and a judgement will then be forwarded to the FCA.

 

Yours faithfully,

tnook

 

I've been sending the letters to:

 

Barclaycard

Customer Relations Dept.

1234 Pavillion Drive

Northampton

 

They're written back, so the address seems to work. Used the GDPR template from the library to kick off the process then wrote 2 more letters chasing them.

NN4 7SG

 

First letter chasing them after BC send an incomplete set of data:

 

 

Barclaycard

Customer Relations Dept.

1234 Pavillion Drive

Northampton

NN4 7SG

 

 

Dear Sir/Madam

 

URGENT: INCOMPLETE GENERAL DATA PROTECTION REGULATIONS - SUBJECT ACCESS REQUEST

 

ACCOUNT /REF NUMBERS

 

Barclaycard Mastercard XXXXXXXXXXX

Barclaycard Visa XXXXXXXXXXX

 

Thank-you for the partial completion of my GDPR request. I had specifically asked for all transactions and charges relating to my banking history with your organisation for the accounts listed above. From their opening in 1998 thru to their closure in 2003. Alternatively, a complete set of statements for that period will be acceptable.

 

You have previously confirmed in writing that you have the relevant data and can access it, but needed the account numbers which you claimed you didn’t have.

The data bundle you sent back to me yesterday clearly shows the account and card numbers. I can’t understand why you didn’t complete a previous SAR when you clearly had the account numbers.

 

Please now complete the data access request for the above accounts within the 7 days remaining of the original request.

 

If you fail to comply with all of your obligations, I will make an immediate complaint to the Information Commissioner about your statutory breach – and without any further notice to you.

 

This may also lead to legal action in the county court and a judgement will then be forwarded to the FCA.

 

Yours faithfully,

 

tnook

[slick132]

Excellent.

 

So next step is to prepare the claim.

 

What POC are you going to use - I'll seek advice to ensure your proposed action takes account of the 2018 GDPR.