Barclaycard - claiming charges refund to reduce debt amount

[SHERLOCK]

Hello all,

 

New thread to track my claim to get charges dropped from total debt amount .

 

Debt amount approx. £1300.00 being total as per DCA Letter.

 

S.A.R. Barclaycard sent XX/11/06:

 

Address sent: Data Protection Team

Dept LRC

Barclaycard

Northampton

NN4 7SG

 

CCA - DCA XX/11/06

 

TICK TOCK TICK TOCK

[SHERLOCK]

hi all,

 

can you give advice as to what I can reclaim, received statements today.

 

charges are stated as follows:

 

1) late payment charge £24.00

2) exceed limit £24.00

3) out of order charge £40.00

 

letter also states that any info required prior to may 2004 is on microfiche @ £3.00 per statement!

 

To proceed with prelim for amount known and request microfiche also, is this O.K.

 

advice greatly appreciated as always, Regards

 

SHERLOCK

[SHERLOCK]

additional advice please,

 

I did request that a copy of the original agreement be provided with my D.P.A. request.

 

If this is also on microfiche do I have to pay extra to see this.

 

please can someone give me a reply

 

SHERLOCK

[stan5131]

Hi Sherlock. The microfiche argument is another delaying tactic of Barclaycard. Write back saying that they have not fully responded and that the clock is ticking and that they have ??days left to comply from the date they received your SAR.

 

You can claim back all of the fees you were asking about.

[noomill060]

You can claim back all of the fees you were asking about-

 

plus all compounded interest they've charged you on the ulawful penalty fees.

[SHERLOCK]

I thought I read in a previous post that interest is not charged on fees/charges on credit card account.

 

It said they have such a system that interest isn't applied in the schedule of payments, or something like that

 

Am I getting mixed up?

 

Also I cannot get the charges total until I get microfiche statements prior to 2004 (this must be BULLSH*T, coz my partner did microfiche 20 years ago).

 

Should I claim a refund that I know of in the last 2 years statements, as these have threatened insolvency for £1300.00, or proceed with letter asking them to comply with original S.A.R. as of XX/11/06,

 

advice welcome,

 

SHERLOCK

[noomill060]

We are reclaiming charges which were unlawfully applied by Barclaycard. It follows that it is also unlawful to charge interest on the charges.

 

It follows that it is unlawful to charge interest on the interest...

 

See what I mean? They owe you an awful lot more than you realise.

[noomill060]

If they say that your payments first pay the unlawful charges off, then anythimng left over goes towards what you spend on a card, then a bit off the interest on what you spent then it follows that if the unlawful charges had not been appiled, you would have paid back what you borrowed a lot sooner, thus saving yourself interest.

 

This is the [problem] they've been running for years and years.

[SHERLOCK]

which template do I use for a credit card account that would return the most interest?

 

I HAVE to be sure I know what I am rambling on about in my letters!

 

SHERLOCK

[maybee]

Has anyone had dealings with roxburghe a company whose name has now been changed to HFO Services Ltd? My debt has doubled from the original amount......arrgh, also barclaycard did not reply to a letter i had written to them over a year ago which is why the charge have accrued

[SHERLOCK]

been through statements thoroughly and I am issuing my prelim now with the remit that the claim will be under review pending further scrutiny of microfiched statements.

 

Also a question on interest charges. I was charged for approx 1 year at 1.873% and 1 year at 0.447%. am i to assume that the latter refers to the interest charged when in default? how do I charge both and/or split them. the difference at the lower rate has risen by £107.00

[SHERLOCK]

a further technical question

 

bcoz this is a debt, and creditors have been paying the monies to DCA's, can I request that the monies I have actually paid be refunded to myself (+ interest) and the outstanding charges refund (+ interest) be taken from the outstanding amount,

 

All advice welcome,

 

SHERLOCK

[stan5131]

Hi. if your debt is higher than the refund of charges then this means that your refund of charges and interest will be deducted, leaving a lesser balance. You will have to pay this (but obviously it will be a reduced amount). You will not get a refund unless there has been an overpayment. Not sure if this answers your question but I think thats what you were asking. Looking at your thread, you have not mentioned how much you are claiming back?

[SHERLOCK]

Hi,

 

as I only received 2 years statements my initial claim was for £344.00 + interest.

 

This does not cover the debt amount but with interest it amounts to nearly £500.00.

 

Do you think I am right to claim this now and wait for microfiche statements to turn up.......or wait for microfiche and claim as a whole.

 

I was thinking if I put this initial prelim in it may reduce the timescale at a later date?

[gizmo111]

Some people have estimated the amount of charges and claimed that amount.

[SHERLOCK]

I THOUGHT I'D READ WITHIN THIS SITE THAT YOU CANNOT TAKE SOMEONE TO COURT ON ESTIMATED CHARGES?

 

Are the prelims worded differently?

 

Additionally, I do not know the start date of this account, as the statements only show from May 2004. I couldn't estimate on this basis.

[SHERLOCK]

Done Non-Compliance letter, will wait the 40 days before prelim letter for charges refund AND as the account is in dispute, I do not acknowledge the debt and therefore nothin' doin' til I get info.

 

SHERLOCK

[Yorkyclaims]

Yes, you can take to court on estimated charges. When filling out the allocation Q you ask the Judge if Barclays can provide you with the Statments dating back to 2001, and amend your claim accordingly

[gizmo111]

Done Non-Compliance letter, will wait the 40 days before prelim letter for charges refund AND as the account is in dispute, I do not acknowledge the debt and therefore nothin' doin' til I get info.

 

SHERLOCK

 

I don't think you have grounds to not acknowledge the debt - it is still a live debt - you are disputing their practices on data not debt.

[SHERLOCK]

I stated 'do not acknowledge this debt' in addition to the non-compliance, can I do this?

 

SHERLOCK

[SHERLOCK]

Do I have rights to NOT acknowledge the debt until my requests are complied with?

 

I nor my partner can recollect this debt or the amounts and as such we require our creditors to PROVE we owe them anything.

 

How do I sit with taking this standpoint!!

[SHERLOCK]

Have contacted Royal Snail................Non-Compliance postdate XX/12/06..........Checked - NOT YET DELIVERED (its on the system!!).

 

Jesus its the 14th, wot have you been doin' ?

 

They have 'til 23rd to provide 'microfiche' data, report back then!!

[SHERLOCK]

Received a reply to my non-compliance (Royal Mail have no recollection of it being delivered - £1.00 well spent)

 

Kindly re-sent the first page of statements, May 2004, already received and state.....

 

I am pleased (yeh righty) to enclose some (hahahahahahah) of the items you recently requested.

 

We are currently obtaining the remainder of the items you requested (after a DPA office kick up the rarse) and these will be sent to you as soon as possible.

Please accept my sincere (aaaaahhhh, aint that nice) apologies for any inconvenience this delay may cause you.

 

Please do not hesitate to contact B'card on the above telephone number (0870 154 0154, them getting paid for me ringing and keeping me on the line for 1/2 hr )

 

Yours sincerely, account manager!!

 

seems Mr Richardson has gone walkies...

 

SHERLOCK

[noomill060]

You can phone this same number for free- 0800 400100

[TANZARELLI]

Try this number you can get straight through on it without entering account number etc, save a bit of time.

 

01612007476

 

Tanz