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Hi I have recently begun the process against Barclaycard, they own me £447 in total (partly estimated due to lack of information). I have received a letter back from them saying that the OFT have now declared £12 to be a fair charge so they are refunding me the difference between £12 and the charges I received which totals £141 (actually they are incorrect - it totals £153, but that's by the by!). So what do I do next? Do I continue as normal and send LBA? Any ideas?

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Hi,

 

carry on to the LBA, unless Barclaycard have sent your proof that it costs them £12, they cant charge you even that amount (and the OFT only said an amount over £12 is where they would get involved, not that it is fair!)

 

 

 

 

 

 

 

 

 

  • Haha 2

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Would it be a good idea to mention this in the LBA? I need to accept the partial settlement (they have already credited my account) and let them know that I intend to continue with my claim for full amount of £447. Any ideas how I can word this incorporating the information about the OFT???:-?

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I note that you have failed to respond in a satifactory manner to my letter of the >.

 

Whilst I will gladly except your offer of > as partial payment, I shall proceed as previously advised if I do not receive the full amount requested.

 

Please also note that I object strongly to your misquote of the OFT, in that the OFT merely stated above £12 was the level in which they would get involved, not that £12 was a fair amount.

 

 

I now understand that the regime of 'fees' which you have been applying to my account in relation to late payments, exceeded limit and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

As you have failed to provide me with any proof that the charges are a true indication of the costs you have incurred in the administration of my account, I require repayment in full of this money.

If you have not replied with full payment of this amount within 14 days I shall proceed to make a court claim without further communication, this claim will include interest and court costs.

 

.............

 

 

Hope this helps!

 

:)

 

 

BTW - Have you requested contractual interest on your claim?

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Hi Thanks for this... Sounds good. Their initial 14 days are up on Monday so will use this then.

 

I have read quite a few threads on contractual interest and have found it difficult to get my head around. Not sure how to find out the contractual rate etc. Would it be too late to claim as I have already sent my prelim? Can you direct me to a thread that will explain things clearly?

 

Thanks

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Hi,

 

sorry for the delay, work 'net connection has been down today :eek:

 

Basically, for contractual you take (in this case) Barclaycard cash rate (think mine is about 27.9% apr) and add that to the amount owed in penaltys

 

So, if the penalty was charged on 2nd March 2003, you calc interest at (for example) 27.9 apr from that date

 

Amounts to quite a bit, and I've been succesful on 2 claims so far with that

 

I'm yet to take BC on, they are really messing me about over statements

 

I've now issued a court claim for Data Protection non compliance so we'll see what they make of that!

 

:cool:

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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could someone please clarify the contractural interest thing, are we within our rights to claim it, will it screw our chances if we do? confused!

 

I have had the standard barclaycard, we will pay the difference letter and will be sending my amended LBA tomorrow.

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Going for contractual interest cannot 'screw your chances'

 

The whole thing is based on 'mutual reciprocation' - basically meaning if they can charge you that rate then it should follow that whenn they have unlawfully taken money from you, you should be entitled to do the same!

 

The worst the court will do is knock you back to 8% section 69 interest, they will NOT throw out your whole claim

 

 

 

See here for info:

 

http://www.consumeractiongroup.co.uk/forum/general/18313-why-no-one-claiming.html

 

and here for an example:

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/26172-mindzai-lucid-lloyds-tsb.html?highlight=claiming

 

 

 

 

 

 

 

 

 

 

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Have already sent my prelim with some estimated charges as they did not fully comply with my SAR:mad: . Now Barclaycard have sent the rest of the information through, how do I amend my LBA accordingly? Any ideas on how to word it?:confused:

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Type the additional charges on a seperate spread sheet with a covering letter and send LBA with both sets of shedules and ameneded figures:)

 

AL:wink:

-------------------------

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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benn refunded the difference between £12 and their charges and gone onto the remainder of the fees? Just want to know what will be the likely outcome of my claim...

 

This is a standard tactic they use to try and fobb you off, just continue to reclaim the whole amount. They will settle in full.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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  • 1 month later...

I entered my claim on MCOL and it was aknowledged by Barclaycard on 07/03/07 I haven't heard anything since. Am I correct in thinking that if I do not hear anything by Wednesday (when the 28 days are up) that I can ask for a judgement for payment and that is the end of it??? (assuming they pay promptly)

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You should look here before making any decisions about default judgement.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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  • 2 months later...
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