Barclaycard - claiming charges refund to reduce debt amount

[SHERLOCK]

Hi all,

 

having received the letter (13/12/06) stating that microfiche statements are now going to be supplied how long do I wait??

 

SHERLOCK

[TANZARELLI]

Hi all,

 

having received the letter (13/12/06) stating that microfiche statements are now going to be supplied how long do I wait??

 

SHERLOCK

 

Hi Sherlock

 

They told me 28 days buit have sent LBA yeaterday and rang Adrian Whalley yesterday to try to speed things up the resonse from my phone call is posted in my thread see here:

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/50532-tanzarelli-barclaycard.html

 

Hope this helps

 

Tanz

[SHERLOCK]

OK,

 

received microfiche statements, not worth waiting for, I clearly kept payments up to date early on

 

Prelim will be sorted and sent today, thanx for all your help,

 

SHERLOCK

[SHERLOCK]

Amazes me how quick they offer you dosh, when you owe them more!!!!

*prelim has been enough for offer of refund in three cases now!*

 

Reply states they will offer charges refund less £12.00 OFT recommended (surely, they didn't say that did they ) Ahem!!!

 

Anyway, I will proceed with LBA and proceed to court if needs be. (this will cost me I know but it will all come off the debt, so its their loss).

 

 

A point aside are there any links between Barclays/1st Credit /Connaught Collections UK

 

Connaught sent me a bankruptcy threat letter on behalf of '1st Credit Ltd (Barclays Bank)'.

It states at the bottom 'our company has sole control of your account'

 

I sent them a CCA Request and the reply 'we at Connaught do not hold such details at this office' will request from 1st Credit(Barclays Bank)

 

Sent Prelim to Barclays and they will refund amount to 1st credit

I'm not surprised they've lost so many agreements!!

 

SHERLOCK

[SHERLOCK]

Sent LBA for refund of all charges + contractual interest.

 

Included letter for info why they are passing my info to third parties without my consent

[SHERLOCK]

I've just realised I'm not sure if Barclays have sold this account to 1st Credit or not

 

time to check, don't want them passing data when it isn't allowed now!! s10 on the way.

 

They have refused point blank to shift from previous letter, so I will be issuing claim and pending whether they have sold it or not, I will be requiring payment to oneself.

 

If they haven't sold it, can I request that costs are to be repaid to myself and for claim amount to come off debt amount??

 

INCIDENTLY, if their is a Mr. Hyde of Hertfordshire reading this, you will be pleased to know that Barclays have sent ME your default letter

[TUTTSI]

Oh gosh, another blunder by Barclaycard. There should be a thread for all the blunders that they and all the other organisations have made.

Poor Mt Hyde does not know that he has a default notice!

[TANZARELLI]

Pr@ts

[SHERLOCK]

Was wondering what to do with this account, the claim amount does not cover the debt and Barclays have forced me into a corner in having to make a court claim for the full charges + contractual as they have stated they will only refund less £12.00 OFT and NO interest!!!!!!!

 

I have taken the step of sending them one last letter to notify them that I will be asking the courts for exemption from paying a court fee as my surplus income goes to my debt plan and the fee cannot be vindicated and stating their case.

 

I have also made it clear that the relevant bodies will be notified of both their unwillingness to pay a full recharge before court date and yet pay the full claim amounts when a hearing is set. (I'm sure they know already, but no harm in another complaint)

 

I know that is their prerogative, but I don't see how it can be justified when it can cause further hardship and I wonder if any members would allow me to state claims and cases where Barclays have paid with contractual that may be used should they refuse to repay in full.

 

I do not believe that Barclays should get away with not paying the fee though, if they go the court route. (is it the case that if I get exemption, the defendant has no fees to pay, or do the courts still charge the claimant on lost cases??)

 

I have given them another week, see how it goes.

[SHERLOCK]

OK, heres the deal - Barclaycard are not budging on anything other than the £12 OFT blah,blah.

 

I am claiming £500.00 on a debt of £1300. I only ever paid £200.00 on this account.

 

I know they will insist on repaying the amount from the debt and some advice taken with regard this is that that is the usual route. Barclays are forcing me to make a court claim to get the full refund that is rightfully mine and I will not see a return of my court fee!!

[noomill060]

You will get your court fee returned. Simply add this figure to the money you are claiming back. Dont forget to calculate all the compound interest they have charged you, and the court interest that you will be entitled to when you file your claim.

 

You claim:

 

1) The actual charges

 

2) Interest on these charges, compounded from the date each individual charge was applied, at the rate they charged you until the date you file your claim.

 

3) Court interest, either an additional 8% per annum per charge from the date the charge was applied, until settlement or at the contractual rate from the date the charge was applied, until settlement.

 

You will find that the figure you come up with is rather more than the £500 and may even be in excess of the amount you owe them.

 

My charges at Morgan Stanley are £595. With court fees, contractual interest at 20.9% and court interest at 20.9%, this became close on £2000.

[SHERLOCK]

Hi Noomill, my actual charges date back to may 2004 £350.00 and the interest at 22% is £145.00, have I used the right spreadsheet?

 

I think it was with contractual, have read about 'compounded', would this make much difference over only a short term?

 

Also, if they pay the amount off the debt, can I request to refund the court fee to myself if I do not get exemption?

 

Are you saying that you then get the 8% on top of all this?

 

Please bear with me I think once I get one claim done I can get my head around it and then proceed with my others!

 

Regards

[SHERLOCK]

Had a look at your MS thread and obtained the compound calculator, ta.

 

So now let me get this straight,

1) Claim all charges + compounded interest

2) calculate these charges at contractual rate of interest AND 8% and add to claim.(STATE I WILL BE CLAIMING ONE OR THE OTHER AS COURT SEES FIT, ONE ASSUMES THE CIVIL PROCESS IS TO PUT THINGS BACK AS THEY WERE BEFORE THE WRONGDOING?)

 

I have already issued a LBA with contractual, do you think now I have to resend with compounded and state my intentions, thanks again

 

SHERLOCK

[noomill060]

Hiya!

 

heres the calculator i used:

 

Compound interest calculator

 

 

number of rests- 12 compounded monthly

 

360 day year

 

Calculate each from the day they were applied until the day you file your claim at court.

 

Add up the totals and thats the amount (charges+interest) you want back as the principal amount of your claim- this is what the so and so's have deceived you into paying them.

 

(Also make a note of the interest on its own- this will be the amount you want to claim as judicial interest)

 

Also work out the interest at 8% as well, in case the judge doesnt award you the contractual rate as judicial interest.