Barclays Partner Finance - Reclaiming late fees

[SabreSheep]

Barclays Bank PLC

1 Churchill Place,

London

E14 5HP

[slick132]

Hi SB,

 

If you still have the receipt for postage, you could ask for a refund from the PO concerned or you could complain to RM directly.

 

Or you could just put it down to experience !

 

[SB100]

Ok, two weeks are up, was just about to post and ask for pointers on what needs to go on the claim form and a letter pops through the door.

 

Seems the figure they said was 'two months in arrears' last month is still 'two months in arrears' - but has reduced by £67.50!

 

Just called to ask why, and apparently they've refunded £157.50 in 'duplicate fees' and have closed the complaint. Haven't written t tell us or anything.

 

It seems they're getting a little confused.

 

Can anyone point me in the right direction for the wording on the claim form? Presume I do through moneyclaim online?

 

Thanks for your input, everyone

[slick132]

Use CCMCC at Salford to issue the claim, not Moneyclaim Online.

 

Have you sorted your POC's yet - post here for checking if you want.

 

You should find wording for the claim form N1 in examples of **WON** cases. Always adapt templates or suggestions to reflect your own case. If you can't find the right wording, let us know and we'll point you in the right direction.

 

[slick132]

Hi SB,

 

Taken a while to find but this should be ok for the "Brief Details of Claim" section on the N1.

 

Money claim for return of bank charges and associated interest charges applied to the Claimants bank account by the Defendant on the basis of a mistake because they are either a penalty or because they are invalid under the Unfair Terms in Consumer Contracts Regulations 1999.

 

Edited October 10, 2014 by slick132
typo

[SB100]

Thank you

 

Hi SB,

 

Taken a while to find but this should be ok for the "Brief Details of Claim" section on the N1.

 

Money claim for return of bank charges and associated interest charges applied to the Claimants bank account by the Defendant on the basis of a mistake because they are either a penalty or because they are invalid under the Unfair Terms in Consumer Contracts Regulations 1999.

 

Edited October 10, 2014 by slick132
typo

[SB100]

Wow, cost of issuing CCMCC claim for £3300 is £205!

[slick132]

Hi SB,

 

Wow, cost of issuing CCMCC claim for £3300 is £205!

 

It could turn out to be the wisest £205 you'll ever invest !!

 

[SB100]

I know

[SB100]

Has taken ages (due to other commitments) but I've finally managed to save enough money to issue proceedings.

 

Would it, tactically, be a good idea to issue now- when people want such things off their desk?

 

Thanks again for all your help

[slick132]

Hi SB and I'm glad to hear you're now in a position to proceed.

 

I suspect that timing will have nothing to do how your case goes. Update your spreadsheet to get a current figure for interest and get that Claim sent off to CCMCC.

 

Remember the Defendant is Barclays Bank PLC t/a Barclaycard.

 

See here for PoC's suited for your claim but note the subsequent amendments in later posts - http://www.consumeractiongroup.co.uk/forum/showthread.php?110700-Orge-vs-Barclaycard&p=4663173&viewfull=1#post4663173

 

Edited December 17, 2014 by slick132
forgot to include link !

[SB100]

Thanks Slick- this is Clydesdale / Barclays partner finance, not Barclaycard?

[slick132]

Sorry, my mistake.

 

Make sure your PoC's properly reflect that this was a fixed loan and not a credit card a/c.

 

[SB100]

Will do, thanks. BTW, I didn't mean that maybe they'd be feeling generous as it was Christmas, more that they wouldn't want it hanging around over the holiday period where I may obtain judgement if it got missed - ie getting it off their desk so they can go to the pub!

[slick132]

I've just added the link in post #61 above, which I forgot to include last night.

 

Don't worry about when you file the claim !! Just get it right and get it done

 

[SB100]

Thank you, again

[SB100]

Well imagine my surprise at what's just come through the door... a cheque for several hundred pounds with a covering letter about fees charged in error...

 

I viewed it with slight trepidation, as I guessed that they were probably still trying to claim the £1200 in late charges and letter fees... but I've just opened another letter from them saying that they've 'discovered changes in the CCA' and that they are not entitled to charge interest and default fees blah blah blah.

 

They've credited the total refund to the account, which has cleared it (all their rubbish charges, that is) and left a surplus- which is the cheque.

 

I haven't looked at the spreadsheet yet, but my questions as follows;

 

Now they've admitted they're wrong, am I entitled to restitutionary interest?

How about all the incorrect markers on the credit file - which have stopped us doing all sorts of stuff?

The amount of time writing all the letters telling them what they're now admitting is surely worth something?

 

How would you guys and girls handle this? Bank the cheque and let sleeping dogs lie, or do I stand a chance of receiving compensation for the last few years of grief and threats?

 

Thanks

 

(BTW, I never did manage to gather the money to commence the court claim!)

[slick132]

Hi SB,

 

You should have taken our advice and filed a court claim 18 months back. By letting the bank take the initiative, you have probably lost the chance of getting restitutionary interest.

 

You may also have lost the chance of getting the adverse CRA data removed. And you will certainly not get any compensation for your "......... last few years of grief and threats".

 

1. Have they repaid the FULL amount of every penalty charge.

 

2. Have they paid anything on top for interest.

 

Also, can you post up a copy of the letter explaining the refund due to them "discovering changes" in the CCA. Post up a copy if you can, as a PDF.

 

[SB100]

Whilst I wholeheartedly agree that I should have issued 18 months ago, you will appreciate that with a seriously ill wife, and young children, limited funds have to be allocated carefully.

 

The loan was paid, every last instalment, and other than regular chasing letters and notice of default etc they weren't pushing so, as such, it low on the list of priorities.

 

I'll have a look at the figures later but I do know we're ahead on the deal, but only by the amount of todays cheque; I base this on the fact that I made every payment on the load, but never paid any of the charges.

 

Thanks again for your help, I'll upload the scans shortly as this may well be to the benefit of others. I'll leave that for you to decide.

 

The markers on the credit file, since the last payment, have been '1' each month indicating it was 1 month late. It never went to '2' as I don't think they really knew what to do with it- the loan agreement was a prescribed amount of fixed payments, and, as I said, I made them all (albeit mostly late). Thus, I don't really think it should have been reported to the CRA's after the last prescribed payment was made. I'm fairly sure that I should be able to get the 1s removed as, in their own admission, we didn't owe them anything.

 

Fingers crossed.

[SB100]

 

[slick132]

Hi SB,

 

I appreciate that personal circumstances and finances have worked against you.

 

If the bank has given a breakdown of their figures, check to see if they have repaid the full amount of each penalty, or just the amount in excess of the OFT's £12 limit.

 

Please do this quickly - if you have a chance to reject the amount paid now, or accept it in part payment, you could have a chance to still seek restitutionary interest.

 

[SB100]

They haven't given any breakdown- just the letters and cheque.

 

I haven't actually ever paid any of the penalties - they've just accrued on the account while I've steadfastly refused to pay anything I didn't sign up for.

 

Therefore, I'm about £400 better off. I appreciate I could possibly screw them for more, but as I've never paid the charges over the interest figure is hypothetical.

 

Do you understand where I'm coming from?

 

I'm going to speak to them about the late marker, as, in their own admission, the money was never payable and therefore can't be late.

[slick132]

Hi SB,

 

When you say "speak to them", I hope you mean "write to them " !! Keep all comms in writing only.

 

I get what you say about not having paid the charges.

 

I would write back to BPF saying :-

 

I require a breakdown of the amount which you have refunded on xxdate.

 

BPF have reported arrears to Credit Reference Agencies which were made up wholly or substantially of penalty charges. Accordingly, I require that all adverse CRA data for this account be removed from CRA files within 14 days.

 

If you fail to remove such data, I will take court action to enforce this and will seek suitable compensation as per the case of Kpohraror v Woolwich Building Society.

Send the letter by RM Signed For delivery.

 

[SB100]

Awesome, thank you.

[SB100]

Marvellous, £6 for SD and it got returned this morning! Checked the address and its the address they wrote to me from, do they not accept SD items?