Court Date Received

[kendraflo]

Sent S.A.R on 9/9/06 - received statements 16th September, but same only argument regarding microfiche and Statements back to 2004 - account not going back long before that so decided to tot up charges. Calculated they owe £496.25. Preliminary letter going off tomorrow. Do I send all letters to them by recorded delivery?

[kendraflo]

Husband received letter this morning - seems like the standard reply - "We believe our charges are both fair and transparent and we make them clear in our terms and conditions" and "as a goodwill gesture and without any admission of liability Barclaycard is prepared to credit to your account the difference between the charges that you have incurred and the £12.00 fee recommended by OFT being £228.00". Also goes on to say matter will be closed in 8 weeks if they don't heat back from him. How can they credit his account, when the account is now clear? It would have been better to send a cheque and we could send the partial offer letter back. Husband is worried they will withdraw this offer if we go for the full amount which is double what offered. Can anyone advise?

[Bookworm]

Yes, they will withdraw offer if you say no.

 

But in the end, you'll get 100% of charges.

 

Tell them to sod off!

[yeslek]

you need to accept that but make it clear to them that you are accepting it as a partial payment ONLY an your are still going to chase for the rest.

 

i just did that about a week ago and surprisingly already have the money.

i'm just in the process of filing claim as they said they would not cave and give anymore money back.

[kendraflo]

Thanks for the advice

 

They say in the eletter that they are prepared to credit his account with the payment as a goodwill gesture, he will see the adjustment in his october statement - I thought as the account was clear he didn't have a card for this account - he does! We will check the money is in the account first, then send the letter off stating we will accept it as partial payment but are going to press ahead for full refund of all charges. Wish me luck:)

[Bookworm]

you need to accept that but make it clear to them that you are accepting it as a partial payment ONLY an your are still going to chase for the rest.

 

i just did that about a week ago and surprisingly already have the money.

i'm just in the process of filing claim as they said they would not cave and give anymore money back.

 

Yeslek, Barclaycard did this? Because to my knowledge, you would be the first one where they did this, so far, they have invariably withdrawn part-offer. Can you confirm?

[kendraflo]

Hi Yeslek#

 

Yes, We will make it clear that we will acept the sum as partial payment only and will seek to recover the remainder. As the letter says the adjustment will be confirmed in his October statement, I will wait until i see the money in the account first and then send the letter off.

[Wolfy]

Hi just to add to this that I am at the same stage with Barclaycard, am issuing court papers in the next few days. They made the same offer to me of the difference between £12 and the origional charge. I wrote back and said I would accept this only as a partial settlement and would be proceeding with my claim. The offer was made on the 19th September, e-mailed a response back the same day and the funds are still in my account. Maybe a change of tact from them? Not that it will do them any good.

[natsmanc]

Hello

 

I too recieved the same response from Barclaycard. They've offered me a refund of 104.00 and my claim is for 274.00! I've written to accept a partial refund but have told them that unless I recieve the balance of the claim within 14 days then I will file a claim. From what I can gather, they usually pay up quite swiftly,

 

Good luck

[kendraflo]

Hi everyone,

 

Husband telephoned Barclaycard this evening, money has been transferred into our bank account - We are accepting the amount on a partial settlement basis - we are still going to press ahead for the remainder of the charges owed.

 

Will let you know how we get on - letter is going off tomorrow - registered post!!

[kendraflo]

Hi - need some advice

 

Husband received letter this morning after sending letter accepting partial refund but stating he was still going to claim the remainder of the charges - Barclaycard offered £228.00 - they put this in our bank account - this is half of what we are claiming back - the letter this morning basically says bog off - we won't pay the remainder - we think that it is fair when customers break the terms of the agreement with us to recover the costs. Therefore they are not prepared to consider his request for any further refund.

 

Help - do we now do a moneyclaim or send letter before action with list of charges and interest we are claiming.

[skbuncks]

Hi Kendralfo

 

Send your letter before action first as you need to be able to demonstrate to the courts (if it goes that far) that you have made every effort to settle without the need for litigation. When/if they fob you off again them slam them with MCOL.

 

which interest are you talking about???

skb

[kendraflo]

Hi Skbuncks

 

Thanks for the advice - I haven't claimed interest from them in my priliminary letter - just sent them a list of the charges I was reclaiming - do I not have to send them the charges list again with my LBA and claim the 8% on there, as I understand it I can claim 8% interest off them if it goes as far as court claim.

[natsmanc]

Hi Kendraflo

 

I recieved exactly the same response from them myself - yesterday!

I am going to send the LBA today.

[kendraflo]

Hi Natsmanc

 

Are you sending a list of the charges with your LBA and if so are you putting the interest of 8% on there or do you not do this before you issue your moneyclaim (if needed)? Can you clarify this for me.

 

Thanks:(

[skbuncks]

Hi Kendraflo

You only include the 8 % interest once you submit the your claim through through MCOL. You also claim your court fees at this point. The last paragraph of the LBA warns thems that you are going to do this

 

Quote "I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest, plus my costs and without further notice."

[natsmanc]

Hi Kendraflo

 

I am going to do the 8% if I use MCOL. As far as I know, it is only when you reach the MCOL stage you can add 8% on as it is something that the Couny Court allows you to do.

 

Natalie

[natsmanc]

ps, I will send a list of charges with this reply

[Prospero]

You only include the 8 % interest once you submit the your claim through through MCOL. You also claim your court fees at this point. The last paragraph of the LBA warns thems that you are going to do this

BUT - You should also be claiming for any interest they have overcharged you at the contractual rate each month. This happens because the debit balance on your card has been increased by their charges. They then slap on monthly interest, which represents a real loss to you.

 

For example, if in a given month your balance was £500, but this included £200 of penalty charges they had applied in previous months, they will have charged you the interest on this. Typically they might have charged around 1.8% on the full £500, or £9. But in reality at that point they had illegally taken £200 from you and the actual account balance should only have been £300. The monthly interest at the agreed 1.8% rate should have been £5.40, so you have been overcharged £3.60.

 

You can claim back that contractual interest which has actually been overcharged. You need to keep a running total of the penalty charges each month so you can calculate the difference between what your balance was and what it should have been if the charges had not been deducted. Then if in any month you have paid more than you should have done, claim it back. You can (and should) do this right from the outset, on your initial letter. Then on your LBA you can tell them that you will ALSO be claiming the 8% section 69 interest for each and every item, including those relating to the contractual interest you have been overcharged, for the exact number of days for each item.

 

In my case the total of my claim went up by £200 just by calculating and claiming the excess interest charged in this way, which you are perfectly entitled to do.

[kendraflo]

I have claimed interest at 15.9% with my claim for Mint Card - when I first claimed against Barclaycard I wasn't too sure about the whole interest situation - since then I have read and read again the many threads on the subject and felt confident enough to submit a claim for refund of charges with interest attached.

[Prospero]

I think the important thing is that from the outset in your initial letter and LBA you claim ANYTHING that represents an ACTUAL loss to you, including excess interest charged to you at whatever rate was actually charged.

 

When it comes to starting the court claim you can then add 8% per annum S69 interest for each item you are claiming, calculated per item from the date the money was taken from you.

[kendraflo]

Received a letter this morning - basically Tracy Burgess Customer Relations Manager is saying she can only reiterate her response as outlined in her letter of 2nd October 2006 - they are not going to budge and will not pay the remainder of what is owed to us - Suppose I will have to take the next step and issue a Moneyclaim - am a bit nervous about this as I have never done anything like this before - can anyone help woth wording etc - any help appreciated.

 

Thanks:confused:

 

Reiv

[kendraflo]

Hi Have filled in my MCOL - about to submit - Barclaycard have paid half of the charges - is it right my claim is now for the remaining half - I do not put down the original total sum claimed (sorry if I sound dense) - - What I have done is halved the claim i.e. now claim £228.00 and 8% interest works out at £20.12 - I have calculated my daily rate at 0.55 - when I have to submit a list of the charges do I send the original i.e. list of charges that total £456.00 - won't the Court think this is odd - different figures - Please help someone!!

[andyhargreaves]

Maybe someone could verify this...

 

I would be tempted to recaluclate using the spreadsheet, and include the payment recieved as a negative value in the appropriate column, along with the date that the payment cleared to you. The spreadsheet should then calculate the appropriate interest and amount outstanding, for you to fill in on MCOL.

 

Think this would work.

 

Andy

[kendraflo]

Hi Andy - Don't really understand what you are saying to do - could anyone clarify what the position is when you have received a partial settlement please?