Barclaycard refund letter

[Andy-b]

Hi guys,

 

new member here, with a situation which I thought seemed very wrong - I hope somebody can advise.

 

3 years ago I defaulted on a small barclaycard, which with interest and fees went from the £1500 limit to nearly £3000.

 

The debt was sold on by Barclaycard to Robinson Way, and is now held by Hoist. I have an agreement to pay the debt off which works fine for me - I don't even notice it.

 

I recieved a letter from Barclaycard a couple of days ago, where they own up to malpractice with fees and interest charges. As a result of this malpractice they have issued a compensation amount of just over £500 - great!

 

The problem is, they're issuing that to Hoist as a credit on my account with them. I have a real issue with that. BarclayCard committed these malpractices against me, and I think that as such I should recieved the sum directly. My situation with Hoist is nothing to do with Barclaycard -- they certainly shouldn't be allowed to issue compensation for malpractice against myself, and give it to another party. I think at least anyway.

 

Would anybody be able to advise on my rights here? I've been in touch with Barclaycard and got a very insincere apology from a talking head, who says that they definitely can't send me a cheque - who'd have thought a bank can't send a cheque?!

 

thanks in advance

Andy

[BankFodder]

I'm using a telephone so I can't give you an extensive response

how far could you say that the so-called malpractice created the critical situation which resulted in you not being able to service the original debt

[BankFodder]

Do you have any details of the malpractice?

 

How much did they charge you in fees etc?

How much would the outstanding amount have been had there been no fees etc?

[Andy-b]

It's one of the letters which they started sending out earlier this year.

More of the debt is fees and interest than is actual credit. I'd assume that since they're sending these letters out that they must have been pretty naughty?

[BankFodder]

Thank you but this does not really address the questions I have asked

[Andy-b]

In truth I don't know, the letter says they 'did not meet the expected standards for assessing customers circumstances or engaging with them'

I'd have to dig out the number regarding the fees - it's plenty though.

 

My issue is that I can't see why penalties for wrongdoings committed to my detriment can end up going to this third party?

[BankFodder]

Bear with us.

Start digging for the fee info and also send them an SAR. Do it now.

 

If you are able to show that it was their wrongfully applied charges which caused you to be unable to service the legitimate aspects of the debt then you might have a powerful case for challenging the whole thing and winning compensation.

How is their refund calculated? Find out.

[dx100uk]

the fees are notional anyway, there is a debt, you haven't paid it all off

so in reality you haven't paid the fees so they cant refund YOU the money , it just comes off the outstanding balance.

 

lots of like threads here already.

 

when did you take the card out please?

[Will Goodfellow]

My issue is that I can't see why penalties for wrongdoings committed to my detriment can end up going to this third party?

 

Robinson Way is a debt collector, Hoist is the parent company which purchases debt. If the debt has not been sold, the debt is still 'owned' by Barclaycard and it has a right to offset any credit you have with it against a debt which you owe. The £500 would have been given to you if you did not owe Barclaycard any money.

Edited November 7, 2018 by Will Goodfellow
correct Barclays/Barclaycard