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Today I received in which looks like usual fob off letter from barclaycard rejecting my initial claim for unfair charges totalling over £240.

 

All my charges were for £20 and a one-off charge of £40.

 

In their letter they state that their charges of £12 are in line with their actual and estimated costs etc and are printed on back of statements each month.

 

What next - do I reply mentioning the above statement and what I have been charged ?

 

Thanks for any help

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Letter before action

 

Mark it as such and give them 14 days +2 for postage first class signed for)

 

Prepare your POC for Small claims

 

Are you claiming interest in restitution as well~?

 

Handy reference thread for Barclays

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**/page4

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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PLEASE HELP US TO KEEP THIS SITE RUNNING

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Letter before action

 

Mark it as such and give them 14 days +2 for postage first class signed for)

 

Prepare your POC for Small claims

 

Are you claiming interest in restitution as well~?

 

Handy reference thread for Barclays

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**/page4

 

Cheers SabreSheep

 

That was going to be my next question, I originally calculated fees plus compound interest - is that correct ? Or is there another certain spreadsheet that I should be using ?

 

Will also look at link :wink:

 

 

Will also look at these thanks. I got rejection letters on a couple of my Natwest Credit Cards last week.

 

They also mentioned referring to FOS if not happy with their decision. Is it correct that FOS will not entertain the complaint regarding credit card charges or will their stance change as per yesterdays announcement regarding underpaying by banks do you know ?

 

Cheers

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Shellys thread has most of the stuff u need including the links to the spreadsheets

 

My Natwest case has just been posted to court which has my POC in it that was ammended from Shellys

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Same letter as before if yuou are going to stick to your first claim. Just put at the top in big red letters LETTER BEFORE ACTION

 

First line I would add something like "I received your letter dated bla bla on the bla bla, the contents which are noted. I do not agree with your findings.

 

Copy Paste contents of orignal letter, edit to make sense

 

Then should be ok

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Lovely and thank-you so much for your time in replying.

 

If I have any further questions I hope you don't mind me asking as I have never dealt with a small claims case before so any advice would be appreciated :wink:

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No problem

 

Im only a few weeks or so ahead of you in the process. Never dealt with small claims myself either but lots of advice on here :)

 

Ironically my BarclayShark process is still waiting for the LBA to time out

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi Baz,

 

Shelley's thread is a good example to read through. Also see this more recent case - http://www.consumeractiongroup.co.uk/forum/showthread.php?368541-trancyb-vs-Barclaycard

 

TrancyB's thread includes mention of Sempra Metals and Kleinwort Benson being included in your PoC's.

 

Also, s.69 Stat'y Int't should only be claimed at 8% Simple Int't as the daily rate add-on after the claim is issued.

 

:-)

We could do with some help from you

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  • 1 month later...

Just to provide an up-date, I sent another letter to Barclaycard (before proceeding with lba) re unfair charges from 2004 - 2005 and I have now received their Final Response.

 

I have attached a copy of Barclaycard letter and should I now proceed with lba ?

 

After some financial difficulties some years ago, debt was passed to Apex Credit Management Ltd in which I have an agreed repayment plan in place.

 

Should I be contacting anyone else ?

 

Cheers

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No need to contact or change anything else outside of BC for this debt.

BC will try and buy the debt back to offset some of the winnings.

 

Did you claim the charges and restitution in your lba~?

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi Baz,

 

Send the LBA with an updated spreadsheet that includes interest to date.

 

That gives them a final 14 days, after which you file your claim with CCMCC without further notice.

 

:-)

We could do with some help from you

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Many thanks slick132 and will do.

 

Just another couple of questions, do I include all charges to date including those of £12 and what APR% do I use on relevant spreadsheet ?

 

Cheers

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Hi Baz,

 

Include all charges to date on the spreadsheet.

 

Are you using the compound int't spready - if so, I would suggest 24.9%.

 

What spready did you send with your Prelim Claim letter - was is the simple in't one or the compound ?

 

:-)

We could do with some help from you

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Redo the compound int't spready to include ALL penalty charges (regardless of the amount) and use 24.9% as your nominal rate for interest in restitution.

 

Send them a further LBA with this spready and mention that you'll rely on relevant case law regarding restitutionary interest and (if relevant) charges older than 6 years.

 

:-)

We could do with some help from you

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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  • 10 months later...

I originally had a repayment plan in place with Barclaycard in which was passed to DCA.

 

I currently receive a monthly payment allocation statement advising balance of debt less monthly amount. Is this suffice in order to comply with what is required ?

 

I have never received any annual statements showing complete allocated payment details.

 

Thanks again.

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You should receive an annual 'statement of account' which tells you how much has been paid and how much remains.

 

Who is the DCA chasing this?

Are you paying them or sharklaycard?

 

How did the debt come about?

How much?

When did you take the card out?

Have you reclaimed all fees/charges and PPI?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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You should receive an annual 'statement of account' which tells you how much has been paid and how much remains.

 

Who is the DCA chasing this?

Are you paying them or sharklaycard?

 

How did the debt come about?

How much?

When did you take the card out?

Have you reclaimed all fees/charges and PPI?

 

Never received an annual statement.

Apex Credit Management

Financial problems years ago deal done through free DMP.

APPROX £3,000

2001

No I have not and afraid no PPI.

 

I was going to submit a CCA request as cannot locate any agreement details.

 

Cheers again

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2001, definitely do a CCA request.

 

OK I will do now but should I continue making monthly payment until response received ?

 

Should I state that they have also failed to provide annual statement showing all payments made ?

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