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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

HP Mum v BC reclaiming penalties and Compound Int't **WON** (probably)


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Morning

 

 

Continuing to go through all my credit card/bank account files and checking the grand total of Late Payment Fees and other such charges.

Finally got to Barclaycard today.

 

 

I have had a Barclaycard credit card since 03.

I have just collated all the Late Payment Fees B'Card added from 05 to date.

Interestingly - from mid 2011 until start 2014 only - B'Card also added a charge titled "Interest on default Sum". Before and after these dates B'card never isolated and advised this charge.

 

 

The total of charges from 05 = apx £650.

The total of compound Interest @ 29.9% = apx £2100

The sum total = apx £2750

 

 

My current B'card balance is £5k.

 

 

So should I now write a nice letter asking for them to reimburse these charges?

And also asking them to stop adding them on to future statements ?

 

 

Thanks for any response....

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No.

 

 

I last used it 5 years ago.

Apart from a couple direct debits I forgot about which were deducted early 2011.

Ever since I have just been paying the interest only.

Frustratingly quite often the payment would arrive and the late payment charge be added with only 24h between

 

In fact - the balance hasn't really changed - sad to say - in 5 years :-(

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Hi Mum,

 

I assume the refund won't cover the a/c balance.

 

If so, then BC can and may add further penalty charges, unless you get them to freeze int't and penalty charges on the basis of Financial Difficulty.

 

Regarding the "interest on default sum", I don't think you'll need to do anything differently with this reclaim if you're claiming compound restitutionary int't at 24.9% or 29.9%.

 

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Thanks.

 

 

I was actually looking to reduce the balance. Having refinanced my mortgage it seems like a good time to try and get on top of other debt issues.

 

 

If - potentially - they owe me almost 3k in penalty charges & CI, and my balance is currently apx £5k - then clearly there is only apx £2k to reduce rather than £5k....

 

Having checked the % B'card was charging me then the CI I will use will definitely be 29.9%

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Do you think there's any chance of stopping interest and penalty chgs due to Financial Hardship ?

 

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  • 2 weeks later...

hi

 

 

B'card have sent a letter "suggesting" that they are satisfied that their charges of £12 are their actual and estimate cost incurred and that they comply with relevant legislation and guidance. They say they won't consider my complaint.

They also say they wont go back further than 6 years.

And they say their letter is their final response to my complaint - even though I have only written once !!

 

 

So what to do next?

Is this a fairly normal first response from B'card?

And is there a next kind of template letter to send advising them about only just being made aware of their unlawful charges so I can go back more than 6y and that their response is wrong?

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Hi Mum,

 

This is a standard response.

 

Stick to your timescale - Prelim Claim letter + 14 days; LBA + 14 days; file your claim at court.

 

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thanks

I thought that might be the case....

 

 

So - does my first letter count as the Prelim Claim Letter ?

And now - having had a response - I send in my LBA ?

 

So is this the right kind of lba letter to write:

I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges are unlawful at ....

I draw your attention to the terms of the contract which you agreed to at the time I opened my account. It is an implied term of that .... etc etc which complies with UK law.

 

I calculate that you have taken £XXX in charges and I also claim £XXXX.XX in interest of restitution, making a total of XXXX.XX

 

I enclose a Schedule of Charges listing the amounts that I require to be repaid. *** the same schedule as sent previously ?? Or amended as now 2 weeks later ??

In addition to full payment of the sum mentioned above, I require that you remove any and all default entries from the register.

Please note that mere correction or amendment to the entry will not be acceptable.

 

In recent years Courts have been happy to accept claims for bank charges that exceed 6 years, whilst having regards to the precedent set between KLEINWORT BENSON -v- LINCOLN CITY COUNCIL under section 32 © of the Limitations act 1980.

Should County court action be needed I will be seeking to rely on this.

 

Therefore this letter requests a refund of all charges indicated including interest in restitution from the date of this letter.

I request that payment is made directly to me in full by cheque.

You now have 14 days to respond positively.

Yours faithfully,

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Hi Mum,

 

The Prelim letter is in the Library and the same letter is used for your LBA. You simply head the LBA "Letter before action".

 

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I have checked the library.

My first letter was pretty much this format. And it generated the response from Bcard which said we think our charges are fair.

So - I am assuming that my next letter just needs to be similar and entitled lba. And sent recorded as I see from other threads they can play tricky on whether received or not !!! -

 

what happens to my letter before action if they haven't entered a default against me with the CRA ??

Shall I edit the letter accordingly?

 

And should I add in - as others have done - a quote about a court case precedent regarding charges dating back more than 6y ?

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Hi Mum,

 

All template letters should be adapted to reflect your own case and needs.

 

If you don't need a DN removed, omit this paragraph. And include a sentence about relying on s.32 Limitation Act 1980 to claim charges older than 6 years.

 

You'll find good example cases in the Barclays *Successes* Forum and you should read these to see how other won their money from Barclays Bank PLC t/a BC.

 

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Thanks.

Another question !! I wrote to and had a reply from Customer Services in Leics.

I read on another thread that a judgment got set aside when B'card claimed they never got the papers that were sent by Claimant to Northampton. So should I continue to correspond where I have done so far or send to London office? Or do both as a cc ??

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The Prelim and LBA can go to Cust'r Svs in Nothants or to Barclays HQ. It doesn't really matter.

 

When you file the claim against Barclays Bank PLC t/a Barclaycard, you will use the Canary Wharf London HQ address.

 

Like I said above, read and understand other threads which contain pretty much everything you need including basic stuff and more complicated.

 

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So letter before action sent off...

with revised spready

Wait and see how they respond to this letter.

 

 

The 14 days that is specified in the template - is it 14 working days? or just 14 days from expected receipt ?

 

 

Sharks were quick to bite after first letter - within 14 days.

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Just a straight 14 days after 2 days for delivery is a decent guide.

 

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thanks

 

So what happens when Sharks reply that their position remains the same?

That their first response to my preliminary letter was their final response !!

That they have clearly stated the Bank's position: that they think their charges are fair and in line with costs incurred and comply with relevant legislation & guidance; that complaints should be directed towards the fos ....

 

 

So Sharks have had Prelim & LBA.

So is it quickly to Court Claim now?

 

And...as my current balance is above what I am claiming (in restitution interest & charges repayment) should I continue to make monthly payments as normal to bring down balance?

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Hi Mum,

 

If they have said NO to your LBA, then you can proceed with court action.

 

Open up your spready to get up to date interest figures, prepare your POC and File the claim.

 

If you can manage to maintain monthly pay'ts to the a/c for now, do so.

 

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  • 1 month later...

Sorry for the delayed response - haven't had so much spare time to follow this up.

However I've been reading lots of other Bcard posts when I can find time.

I've continued to pay monthly amounts until I am ready to do the POC.

I think shutmeup seems to be the best thread to 'copy'.

Has any legislation changed since 2013/14?

Kids bk to school means I can refocus !

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No changes as far as I am aware.

 

Draft a POC here and ask for feedback.

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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 Mum,

 

Any of the more recent BC *WON*cases will provide good guidance. SabreSheep's thread is a bit shorter, or Orge's case. Go through a few and make notes of relevant points.

 

No major changes that I can think of, apart from :-

 

Use the MCOL system to file the claim. See CPR Sections 5 and 6 here about how to submit PoC's that are too big to be filed online - https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07/pd_part07e#5.1

 

 

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Do I use the Salford address for N1 forms? I read somewhere that was the correct address to use, not my local court.

 

Have read those threads in the summer but will reread.

 

Be back in touch again as soon as ready

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As dx says above

 

"Use the MCOL system to file the claim. See CPR Sections 5 and 6 here about how to submit POClink3.gif's that are too big to be filed online - https://www.justice.gov.uk/courts/pr...pd_part07e#5.1 "

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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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  • 2 months later...

I got side-tracked :-( Am picking up the pieces again, reading other successes and will submit POC over the next week.

 

 

Whilst on here, I am having no response in the Other Financial Services area - Creation section - about the same charges reclaim & CI issue. Can someone please have a look and advise... Thanks

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