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Barclaycard Default Notice Removal **Claim settled (probably)**


bradybunch
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Hello Caggers,

 

I have gained immensely from the advice on this forum...thanks for that everyone.

 

 

I need help in removing a DN from my credit file please.

 

 

The entry was made in Aug 2010 by Barclaycard for #492.

 

 

I have emailed CEO using one of the sample letters on here and got a response from a lady called Judith Hayes.

 

 

She has promised to send statements and records.

 

 

She also mentioned that some of the charges are made up of PPI, Penalties and Interest charges.

 

 

This is a cummulative total of the charges vs credit limit

 

Credit Limit vs Balance History

2009 2010 2011

Jan -61 -232

Feb -94 -232

Mar -128 -232

Apr -163 -232

May -200 -232

Jun -226 -232

Jul -229 -232

Aug - 232 -232

Sep -232 -232

Oct -13 -232 -232

Nov 30 -232 -232

Dec -28 -232 -232

 

Ideas and suggestions all welcome.

Thanks

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I would send them an sar get all the statements

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks dx100uk .

 

 

I will dispatch the letter asap and provide regular updates here

 

 

The lady I spoke to said she will include a final reply and if I am not satisfied I should go to the ombudsman.

 

 

my fear is that I am currently in the middle of a mortgage app and they have brought this up.

 

 

Is it worth speaking to the lady again to get this removed as it appears that the charges tipped the account into default?.

 

 

The original limit was 260 pounds and accrued charges is now 232 pounds.

 

 

Would I be able to use this as leverage to get the DN removed?

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you need to prove that the PPI+the int it got charged

and

the PENALTY [£12 fees]+the Int they got charged

 

 

to the point of the Default notice

 

 

would be more the balance claimed on the DN

 

 

if you can

the default must be removed.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Bradybunch and welcome to CAG

 

Stay OFF the phone and keep everything in writing only. You need proof of all exchanges so stick to email or written letters.

 

Getting a DN removed is not easy. And there are no likely shortcuts. I very much doubt you'll get the DN removed by talking to the lady you've referred to.

 

If you don't have all the a/c statements, get the info with the SAR, so you can see exactly how much you've been charged in PPI and penalty charges.

 

:-)

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Thanks dx.

 

 

i have attached a screen grab of the CRA entry.

 

 

credit limit was 260 in Nov 2009,

 

 

credit card balance was 230

 

 

in Dec 2009 there was a missed payment and a 58 pounds charge was applied

 

 

which took the card over its limit and increased by about 30 pounds monthly till Aug 2010 when it was defaulted.

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Hi guys, Barclaycard have sent some documents back to me from 2007.

 

 

They also sent a FORMAL FINAL NOTICE (CALDER) and a DEFAULT NOTICE ( MERCER). nothing officially from Barclaycard.

 

Credit Limit: 260

Dec 2009: balance was 288

Jan 2010- June 2010: £12 (over limit charges) + £12 (late payment penalty) monthly

June 2010 -Aug 2010: £12 (over limit charges) monthly

PPI Nov 2007- June 2010: £68

 

This is meant to be the FINAL response and I have been referred to the FOS for escalation.

 

 

I am hoping to argue on technicalities and the charges plus int (8%).

 

 

Is this the right way to go please.

 

Thanks guys

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Hi BB,

 

There's another way to tackle this - reclaim all penalty charges plus compound restitutionary interest at 24.9%.

 

Read through a few of the recent **WON** threads here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

Put the penalty charges on a compound int't spreadsheet and let us know the totals for charges and for int't.

 

Court action against BC may be quicker, more rewarding financially and a way to get BC to remove all adverse data about the a/c.

 

:-)

We could do with some help from you

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Hi Slick,

 

Thanks for your response. I had the account between 2003-2010 (year of default) and the last payment to the account/card was in Nov 2009. In calculating the cumulative interest on charges etc, should I use the period Dec 2009-Aug 2010, or Dec 2009-Date? I have also read somewhere that where a DN was not served by the original creditors, such DN will be deemed invalid. Is this correct?... thanks

Edited by bradybunch
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Hi BB,

 

Use a compound interest spreadsheet to list the date, narrative and amount for each charge when it was made by BC.

 

All the info you need will be in the *WON* threads I referred to above.

 

:-)

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Hi Slick,

 

Thanks for your help with this. do I need a SAR at all or should I just go with what I have?

 

Can anyone please point me towards where I can get a Prelim claim template please.

 

Thanks

BB

Edited by bradybunch
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Hi BB,

 

If you're sure you have all statement data for periods when you suffered penalty charges, go with what you have.

 

If you are missing statements for periods when you may have been charged, send off an SAR.

 

Your spready looks ok so far EXCEPT you should not include the interest charged by BC each month. That is taken care of by claiming restitutionary interest.

 

:-)

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Thanks Slick.. Just to re-cap

 

1. The end date in the spreadsheet is an excell formular =Today() and not the date of Default. Is this correct?

2. If the numbers are good, then the next steps are

2a Sent a Prelim Claim letter (Can you please refer me to where I can get a template for this?)

2b if response is negative, send an LBA letter (Can you please refer me to where I can get a template for this?)

3. If response is not satisfactory, GO TO COURT

 

The aim of all thes is to get the DN removed and the charges erased.

 

Have I missed anything?

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interest on std bal needs removing.

 

 

if not already done

 

 

leave the claim to date calc alone

 

 

if you look in this forum

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

 

the rest of what you need should be detailed in won threads

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hi BB,

 

1. The spready always uses the current date when it's opened and that's correct. So each time you open it, the interest will have increased from the previous occasion. The Default date is not relevant.

 

2.a&b. Prelim Claim/LBA letter here from our Library - http://www.consumeractiongroup.co.uk/forum/showthread.php?405889-LEGAL-Reclaiming-Credit-Card-Charges-Preliminary-Letter-Before-Action

 

3. Correct.

 

Use your time wisely while waiting for Barclays to reply. Read through the *WON* threads and make notes about reclaiming and about getting a DN removed.

 

Do the research so you can run your claim properly.

 

:-)

We could do with some help from you

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Thanks !:-)

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Hi BB,

 

I suggest you start a separate thread in the PPI forum to deal with this aspect of your case.

 

PPI is dealt with differently and you will not claim the PPI as part of a court claim, nor will you seek restitutionary compound int't.

 

Read threads in the PPI forum and Stickies there to get an idea of how to reclaim the PPI properly.

 

:-)

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Dealing now with the penalty charges, I note there are 12 more £12 charges on the 2nd sheet that weren't on the 1st one.

 

Did you originally miss these ?

 

:-)

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Slick, that was an excellent spot. I missed them initially. I have included charges from 2007 in the updated version of the spready. I will claim for the charges and do the PPI separately. I have attached my Prelim Letter.

thanks for your help Slick

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Hi BB,

 

One tiny suggestion :-

 

Para 3 - "...... and I also claim restitutionary interest of ......"

 

Otherwise, the letter looks good to go.

 

Follow up with the LBA after 14 days but update the letter to reflect the slightly higher interest that will show in the spready.

 

:-)

We could do with some help from you

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  • 3 weeks later...

Hi Slick, fired the first salvo (preliminary letter) two weeks ago and I have not received any response from BC. I will be sending the LBA on Monday. Do I need to introduce the Sempra case and the Kleinwort case as well in the LBA? Can these be introduce in the POC later if I don`t introduce them now?

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Hi BB,

 

No need to mention Sempra Metals or Kleinwort Benson in the Prelim or LBA. Have you taken time to read through other cases as these will tell you almost everything you need to know.

 

You need only mention briefly that you will rely on the 2 cases in the POC.

 

You'll only go into more detail when it comes to preparing evidence (generally referred to a your court bundle) to present for your case.

 

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Update on this case. I received this letter from BC. It looks pretty similar to what others have gotten or am I missing something. I am sending my lba on Monday regardless. BC have admitted that they have charged me more than £12 in the past so I am also sending a SAR.

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Hi BB,

 

I assume you don't have all your statements for the a/c. A SAR to BC now will probably only disclose data for the last 6 years unless you take the matter further.

 

What data DO you have.

 

:-)

We could do with some help from you

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