Barclaycard Charges Reclaim and, now, Default Removal

[johnhn]

Hi all,

I am writing a SAR letter to Barclaycard as the first step towards reclaiming over limit and late payment charges. I've spent a couple of weeks reading various threads here that have been very helpful.

 

I am trying to find the best address to send my SAR but am confused by conflicting information, some of which may or may not be out of date. London? Northampton? Knutsford?

 

If someone could point me in the right direction I'd be most grateful - I don't want to stumble at the first hurdle!

 

Thanks,

 

John.

[citizenB]

Is there a head/registered office address ? I think that will be the best place to send it to

[martin2006]

Send it to the following address which is the data control center in knutsford.

 

Barclays Bank PLC

Data Protection Team

1st floor Babbage House

Radbrooke Hall

Knutsford

Cheshire

WA15 9EU

[slick132]

Hi John,

 

The Knutsford address can be used.

 

See **WON** threads here for examples of how to reclaim fees and compound restitutionary interest successfully - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

[johnhn]

Prelim letter sent to Barclaycard (using the CAG template & compound interest spreadsheet) on 8th April. My credit card balance is £342 in debit against an agreed limit of £150. The late payment and over limit charges from October 2013 to April 2016 amount to £560.05, plus compound interest of £226.08, total £786.13.

 

Standard robot letter received yesterday:

 

"Thankyou for contacting us about the charges on your account. I am sorry you feel the charges incurred are unfair.

 

I have looked into your complaint carefully and have to inform you that any charges incurred were made correctly and in accordance with our terms and conditions that you agreed to when you opened your credit card. We have reviewed your account going back for a period of six years and we can confirm there have not been any charges applied to your account. On this basis I must inform you that I cannot uphold your complaint. [yes you have, they're on my statements]

 

We are satisfied that our charges of £12 are in line with our actual and estimated costs which are incurred and comply with relevant legislation and guidance. Changes to our charges occurred in August 2006, and as legal claims have a limitation period of 6 years, claims can no longer be made for a fee over £12 [this strikes me as horribly mangled "logic"!]

 

Blah blah...

 

"We have a legal duty to report accurate information to the credit reference agencies, so I'm afraid we cannot change your records.

 

Please take this letter as our final response to your complaint. If anything is unclear or if you are unhappy with the way we have handled your complaint, please call me on the telephone number above. I will do all I can to answer your questions and reach an agreement with you".

 

Before I fire off an LBA, anything I might add to the template by way of legal argument/precedent or plain logic (their letter seems a little short on logic...) to give it a boost?

 

Thanks in advance!

[slick132]

Hi John,

 

Am I missing something ? They say no charges have been applied in the last 6 years and you say charges were applied from 2013 to 2016.

 

I assume BC are talking nonsense but please confirm.

 

If they are talking nonsense, send the LBA. No need to refer to anything else apart from starting by saying, "I refer to your letter of xxdate which refuses to refund charges or even acknowledge that such charges were made by Barclaycard."

 

Then continue with the LBA.

 

Edited April 26, 2016 by slick132
typo

[johnhn]

Thanks Slick, yes they are talking nonsense - my statements clearly show "over limit" and "late payment" fees. Will send the LBA today.

[martin2006]

I am a little further on than you john having issued the N1, your case it taking exactly the same road as mine so far, keep on.

[johnhn]

Thanks Martin, I've just subscribed to your thread - reading through it now.

[johnhn]

Barclaycard phoned me last Friday (29th April) at work.

I explained that I wasn't comfortable discussing my account with them whilst sitting in an open plan office and they agreed to call back in the evening.

I haven't heard from them since.

 

Posted my LBA yesterday. Came home from work to find the following letter:

 

"A Default has been registered on your account - you now need to pay your balance in full

 

We previously sent you a Default Notice [blah blah] we've registered a Default with the Credit Reference Agencies [blah blah] we may also transfer funds from your Barclays account [blah] 'right to set off'"

 

1) I haven't received a Default Notice, although I did find an email dated 26th April saying

"We've sent you a Default Notice [blah blah] It’s a formal notice giving you 28 days to fully clear your outstanding arrears or call us to agree a way forward."

 

 

The email doesn't say when the Default Notice was sent (i.e. when the 28 day clock started ticking). Useful...

 

2) This account is the subject of a complaint/dispute

- should that not have suspended recovery action/CRA reporting?

 

I was so annoyed

("Barclaycard hereby sentence you to another 6 years of private sector renting...")

I bent the "only in writing" rule and phoned them.

 

 

The first chap said he could only view the last 6 months statements but would refund all the charges from those months (£84). Thanks, but no thanks.

 

 

The second chap informed me that the default is "correct" and could not be removed,

but my complaint would be escalated to the "Level 2 Team".

He also said Barclaycard would not go to court (judgement by default, then?).

 

I do wonder whats the point of anything is sometimes, but deep breath, stand firm.

The LBA will have hit their doormat this morning.

Time to prepare my claim.

 

How do I edit the thread title to reflect that the "adverse data" is now a Default?

[slick132]

Hi John,

 

You can't edit the thread title yourself but I've done this for you.

 

Let us know if/how they reply to your LBA.

 

Edited May 7, 2016 by slick132

[johnhn]

thanks Slick, I certainly will.

[martin2006]

As they have already issued a final response they may ignore the LBA, let it run its 14 days then fire in the N1.

Barclays will try and tell you they cant get info beyond 6 yrs, booshee, i got eveything going back much further than 6 yrs, press them for it or SAR them if you havent already.

[johnhn]

Hi Martin, I managed to get all my statements a few weeks ago, luckily. I don't know why they mentioned a limitation period as my account was opened in 2013...

[martin2006]

Standard crap they spout without checking a thing

[johnhn]

Sounds about right...

[johnhn]

Letter received yesterday from Barclaycard Customer Relationship Unit:

 

"Thank you for taking the time to contact us regarding the level of service received from Barclaycard.

We are very sorry to learn of your dissatisfaction, as the provision of a high level of service is very important to Barclaycard. Your correspondence is being dealt with by this office and we aim to resolve matters by the 01 June 2016.

 

We want to reassure you that we are dealing with your complaint as quickly as possible, and will investigate all aspects fully."

 

And so on.

 

I assume I ignore this, issue a claim according the timescale given in my LBA, and don't waste my time waiting for 1st June? It might give them something to think about whilst they "investigate all aspects fully".

[slick132]

Hi John,

 

Allow them the 14 days stated in your LBA before filing the claim.

 

Use the time to research and prepare the PoC and make sure you include a clause seeking removal of the default.

 

[johnhn]

Thanks Slick, thought as much.

 

Meanwhile, the default hasn't yet landed on my credit report (I expect it will next month though) but have received a letter from barclaycard saying the account has been "passed" to Credit Solutions, balance = £348.28.

 

My thoughts are:

 

1)the balance includes unlawful charges of £560.05, therefore the amount being pursued is incorrect. Also, the default (when it arrives) is not "correct" (as the nice man from barclaycard put it), for the same reason.

2)the account/alleged debt is the subject of a complaint/dispute, therefore it should neither be reported to CRA's nor pursued until the matter is resolved.

 

Is there any point firing off a letter to that effect or am I just giving myself more work to do?

 

Finally, if anyone could point me at a relevant POC I'd be most grateful - no need to reinvent the wheel after all.

[slick132]

Deal with it as part of the court claim. They'd pay no heed to a request to remove the default on the basis of penalties exceeding the balance.

 

The BC PoC is in the Stickies at the top of the BC forum. See the other *WON* threads to read about including Sempra Metals and Kleinwort Benson cases. Also about wording to seek default removal.

 

[johnhn]

Great, thanks yet again Slick!

 

*edit* aargh, I do not have permission to access the page...

[slick132]

No worries, see my PM to you.

 

[johnhn]

Thanks for all your assistance Slick.

 

Meanwhile I've had an "About your complaint" response from Barclaycard (I'm afraid our position remains the same. We are satisfied that our charges of £12.00 are in line with our actual and estimated costs which are incurred and comply with relevant legislation and guidance." etc...

 

N1 and POC nearly ready to post.

[slick132]

Hi John,

 

This is standard for BC so just get on with the claim when you're ready.

 

MCOL is now the way we recommend you start the claim.

 

[johnhn]

MCOL is now the way we recommend you start the claim.

 

Really? Suits me, but I thought I recently read the opposite - is it back in favour?