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james141

Starting Out, Advice appreciated

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Hi All,

 

During my younger days at college, I got a barclaycard and a capital one card.

 

Both of the limits were £400, After reaching the credit limit on each, I paid the minimum payments for a while.

 

Then I was a bit naughty and stoped paying. The balances were about £600.

 

Eventually I agreed with them that I would pay about £40 to each of them if they stopped the charges (I wish I had this in writing!!!), which I did for 18months to 2 years. During this time, I didnt open my statements as I assumed it was ok.

 

They had been accepting my payments but still adding charges.

 

The upshot is, I have paid them about £800 each for debts of £400 and they are still caliming that I owe each of them £1600!!!!

 

There is no way on gods earth they will ever get another penny out of me.

 

This morning I ammended the stock letter and posted it off to them.

 

What do you think my chances are? any advice appreciated!

 

Thanks,

 

James

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Hi All,

 

During my younger days at college, I got a barclaycard and a capital one card.

 

Both of the limits were £400, After reaching the credit limit on each, I paid the minimum payments for a while.

 

Then I was a bit naughty and stoped paying. The balances were about £600.

 

Eventually I agreed with them that I would pay about £40 to each of them if they stopped the charges (I wish I had this in writing!!!), which I did for 18months to 2 years. During this time, I didnt open my statements as I assumed it was ok.

 

They had been accepting my payments but still adding charges.

 

The upshot is, I have paid them about £800 each for debts of £400 and they are still caliming that I owe each of them £1600!!!!

 

There is no way on gods earth they will ever get another penny out of me.

 

This morning I ammended the stock letter and posted it off to them.

 

What do you think my chances are? any advice appreciated!

 

Thanks,

 

James

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100%.

remember the stock letter is a bit wrong as it doesnt include the amount that they charged in interest on these charges. with credit cards such as barclay card this can add up amazingly. if youre paying 30% apr and the charge was made two years ago and was £30 then theyve charged £20.70 interest on this charge so you can claim that back too.

what you need is all your statements so you can calculate how much they owe you.

dealing with credit cards is easier though because you owe them money, they dont owe you money normally but rather your debt would be smaller. you can use contract law to dispute the size of the debt and basically bounce them into reducing it to the level it should be by refusing to pay. it would be up to them to get a judgement in court that you had to pay which would mean theyd have to prove the level of debt in court.

you cant claim 8% apr under the county courts act as you havent paid off the debt, you owe them the money and from what youve said youve paid less than your total negative balance.

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100%.

remember the stock letter is a bit wrong as it doesnt include the amount that they charged in interest on these charges. with credit cards such as barclay card this can add up amazingly. if youre paying 30% apr and the charge was made two years ago and was £30 then theyve charged £20.70 interest on this charge so you can claim that back too.

what you need is all your statements so you can calculate how much they owe you.

dealing with credit cards is easier though because you owe them money, they dont owe you money normally but rather your debt would be smaller. you can use contract law to dispute the size of the debt and basically bounce them into reducing it to the level it should be by refusing to pay. it would be up to them to get a judgement in court that you had to pay which would mean theyd have to prove the level of debt in court.

you cant claim 8% apr under the county courts act as you havent paid off the debt, you owe them the money and from what youve said youve paid less than your total negative balance.

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100%. remember the stock letter is a bit wrong as it doesnt include the amount that they charged in interest on these charges. with credit cards such as barclay card this can add up amazingly. if youre paying 30% apr and the charge was made two years ago and was £30 then theyve charged £20.70 interest on this charge so you can claim that back too. making it even more fun you can then claim 8% on top, basically the greedier they are the more you could claim.

 

The letters are now changed.


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100%. remember the stock letter is a bit wrong as it doesnt include the amount that they charged in interest on these charges. with credit cards such as barclay card this can add up amazingly. if youre paying 30% apr and the charge was made two years ago and was £30 then theyve charged £20.70 interest on this charge so you can claim that back too. making it even more fun you can then claim 8% on top, basically the greedier they are the more you could claim.

 

The letters are now changed.


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I have requested all account transactions from both. But without that information I have just asked for all charges to be removed. This should result in a posative balance as I have paid them £800. but I will just be happy for them to stop the debt ,but a refund would also be very nice!!

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I have requested all account transactions from both. But without that information I have just asked for all charges to be removed. This should result in a posative balance as I have paid them £800. but I will just be happy for them to stop the debt ,but a refund would also be very nice!!

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good stuff. :)

from my experiences this adds at least 25% to the size of the claim, often more.

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good stuff. :)

from my experiences this adds at least 25% to the size of the claim, often more.

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good stuff. :)

from my experiences this adds at least 25% to the size of the claim, often more.

Which bit?

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good stuff. :)

from my experiences this adds at least 25% to the size of the claim, often more.

Which bit?

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Also forgot to add that, My current account is with Barclays and at the start of this month just after I got paid they froze my account and took £700 out of my account to pay some of my barclaycard bill because it was "their legal right" :(

 

This left me with £0 for the rest of the month, I have not been able to pay any bills or rent :(

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Also forgot to add that, My current account is with Barclays and at the start of this month just after I got paid they froze my account and took £700 out of my account to pay some of my barclaycard bill because it was "their legal right" :(

 

This left me with £0 for the rest of the month, I have not been able to pay any bills or rent :(

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claiming interest on their charges that they charged you.

eg - one claim was 1200 in charges and 600 in interest.

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claiming interest on their charges that they charged you.

eg - one claim was 1200 in charges and 600 in interest.

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claiming interest on their charges that they charged you.

eg - one claim was 1200 in charges and 600 in interest.

 

Excellent, my plan of action is to see what responce I get, I am guessing the first letter will be the standard F-off letter. By then I should have my statements so I can work out an exact figre to go back to them with once more before I file a claim :)

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claiming interest on their charges that they charged you.

eg - one claim was 1200 in charges and 600 in interest.

 

Excellent, my plan of action is to see what responce I get, I am guessing the first letter will be the standard F-off letter. By then I should have my statements so I can work out an exact figre to go back to them with once more before I file a claim :)

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It was a deliberate action on my part NOT to include the interest.

 

I see the interest as a fair way to recover ligitmate costs that are incurred by them - If I go overdrawn for 2 days at 19.9% APR, then on a £1000 OD this is still pennies - the same amount that it would cost to send letters etc...


<font face=arial size=1>Advice & opinions of Dave and The Bank Action Group are offered informally, without prejudice & without liability.</font>

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It was a deliberate action on my part NOT to include the interest.

 

I see the interest as a fair way to recover ligitmate costs that are incurred by them - If I go overdrawn for 2 days at 19.9% APR, then on a £1000 OD this is still pennies - the same amount that it would cost to send letters etc...


<font face=arial size=1>Advice & opinions of Dave and The Bank Action Group are offered informally, without prejudice & without liability.</font>

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So does everyone think I have a chance? or am I wasting my time?

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So does everyone think I have a chance? or am I wasting my time?

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but if you got a bank charge on your visa card 5 years ago and theyve been charging you 30% apr a year... they are allowed to charge interest on the legal amount of debt, they cannot legally charge interest on charges if the charges are unlawful.

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but if you got a bank charge on your visa card 5 years ago and theyve been charging you 30% apr a year... they are allowed to charge interest on the legal amount of debt, they cannot legally charge interest on charges if the charges are unlawful.

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true, fair point.

 

...and of course you have a chance - even more than a chance - read some of the other posts and look at the Litigation in Progress and see how many settlements there have been.


<font face=arial size=1>Advice & opinions of Dave and The Bank Action Group are offered informally, without prejudice & without liability.</font>

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 5120 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
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