ICY m-i-l -V- Barclaycard claim 7 **WON**

[ICY]

SAR sent yesterday recorded delivery

 

Royal mail confirmed delivery today

 

They now have until the 28nd May to respond

[ICY]

Story so far

 

17th April S.A.R - (Subject Access Request) sent along with cheque for £10 (to date uncashed)

 

18th April SAR confirmed as received by Royal mail

 

21st May SAR reminder to be sent

 

28th May SAR deadline

 

 

 

To be continued .....

[ICY]

Having been unable to find a template to remind bank their 40 days is almost up i have drafted the following letter together, how does this look to everyone, is this letter suitable to go ?

 

Dear Sir/Madam

 

RE Former account number: XXXXXXXXXX

Following on from my letter of the 16th April 2007 in which I made a DPA 1998 Subject Access Request, I am disappointed to note that as of today’s date, the requested information has not yet been sent to me.

In this letter I requested you to send me a complete list of transactions and charges relating to my banking history with your organisation.

I enclosed a cheque number 100326 which I note from my bank records this has not yet been presented to the bank. I wish to take this opportunity to remind you that you have 40 days from receiving my payment to respond, as you received my cheque on the 18th April 2007 this means you have until 28th May 2007 to forward the requested information to me.

If you fail to send me the information requested by this date, I shall be reporting you to the Information commissionaire, and will be taking further legal action.

Yours

[ICY]

Well the statements eventually arrived, and it adds up to £835 in charges.

 

prelim letter going off monday recorded

[ICY]

Prelim received today, if no positive responce LBA goes off on 1st August

[ICY]

Had the following letter

 

Dear fool who trys to take money from us

 

Thank you for your recent letter, your details have been passed to me in order that i may respond then wipe my arse with it in my capacity as customer relationship manager, Dont make me laugh

 

I am sorry you feel the charges you have incurred are unfair Course you are we believe that our charges are both fair and transparent, and we make them clear in our terms and conditions, and on the reverse of every monthly statement. Oh well that makes it ok then, they must be lawful

 

In your correspondance you have outlined a legal arguement which you say supports your view. As I am sure you will appreciate Barclaycard is aware of all the information you have drawn to our attention. I must inform you however, that we disagree with your legal analysis. So, you have done the same with everyone else and still paid out, whos wrong here

 

Putting the above to one side, as a good will guesture and without any admission of liability, I am prepared to credit your account with the difference between the charges that you have incurred and the current £12 fee. This would amount to £355.00 Awww shucks thats so nice of them go then give me the money back into my account, OH WAIT you cant the account is C L O S E D and passed to DCA air heads.

 

The adjustment will be confirmed on your next statement, HOW when you closed my account and sold it on to a DCA It will be cheques you will be sending out thanks very much

 

May I take this opportunity to remind you that the best ay to avoid similar charges in the future is to remain within your credit limit and ensure that your monthly payment reaches us with the required timeframe Why when you have closed my account, you no longer deal with it.

 

Should you have any further questions regarding this matter please do not hesitate to contact me. What questions like wheres the £835 you owe me If my reply does not meet with your expectations you may ultimately be eligible to refer to the Financial Ombudsman Service. Further details of this service are available on request. Nah i think i will just see you in court, thanks all the same If I have not heard from you within 8 weeks from the date of this letter, i will close my complaint file in accordance with our usual practice. You just try closing it buster

 

Yours

 

Tim Young

Barclaycard Customer Services,

 

Didnt even have the decency to sign the letter

[moneyhelp]

Thats cool - I don't feel so alone now, I got the same letter and from Tim too, he must be a busy guy

 

Is your account now with Mercers?

[ICY]

To be honest i am not sure, this is MILs account

[moneyhelp]

You should find out - then you can send them a CCA

[noomill060]

I got exactly the same letter from Leigh Hollas- £230 credited to my account. (Also with a DCA Wescot!)

 

Im reclaiming pushing £5000!

[ICY]

The following petition has been put on the government website

 

We the undersigned petition the Prime Minister to Ensure UK citizens have the right to recapture illegal bank charges up until the day a UK court find them legal. More details

 

Petition to: Ensure UK citizens have the right to recapture illegal bank charges up until the day a UK court find them legal.

[Camdenite]

Icy - We seem to be claiming from exactly the same places! LOL. I din't realise you had one here as well as Cap One. Subscribing

[ICY]

I am everywhere Camdenite :lol:

[moneyhelp]

The following petition has been put on the government website

 

We the undersigned petition the Prime Minister to Ensure UK citizens have the right to recapture illegal bank charges up until the day a UK court find them legal. More details

 

Petition to: Ensure UK citizens have the right to recapture illegal bank charges up until the day a UK court find them legal.

 

Not so sure about that

[Brad Smith]

i got the same letter from tim young...LBA went off two weeks tomorrow, so I'll be filing at court on Monday.

 

Haven't heard back from them since then

[ICY]

Nope it is not right MH, i copied it, the OP is now aware but it is too late to change it now, i didnt notice till after i had posted it

[ICY]

They sent an offer in August offering 355 which we refused, have not done anything till now need to file N1

[slick132]

Hi Icy,

 

As I said on your other claim (BC 8), a new LBA may be a good idea as they are tending to settle more readily now compared to last year.

[ICY]

Had a response from BC which goes as follows:

 

Dear

 

FINAL RESPONSE

 

I write further to the complaint you raised with regard to default charges applied to your account.

 

I am sorry that this matter has not been resolved to your satisfaction. I have reviewed your complaint and detail my findings below.

 

 

Our understanding of your complaint:

 

You feel that the charges incurred on your barclaycard account are unfair and you have requested a refund of the charges plus interest.

 

Background to the events leading to your complaint:

 

Following publication of the report by the OFT, Barclaycard reduced our fees to £12 with effect from August 2006. Therefore, we agreeg to credit your account with the difference between the charges that you incurred and £12.

 

Having checked our records, I can confirm that you have been charged fees totalling £XXX.XX we refunded XXX.XX of these charges.

 

Summary of our Internal Investigation:

 

In the circumstances, as a guesture of goodwill, I have credited your Barclaycard account with a further £XXX.XX representing the remaining charges and £XX.XX interest, calculated at 8%. However, we believe that our charges are fair and reasonable.

 

I am sorry if this is not the outcome you waqnted, however, I hope my explanation is helpful. For the purposes of the Financial Ombudsman Service you may regard this letter as our "final Response" to your complaint.

 

You will find more information about the Financial Ombudsman Service in the enclosed leaflet. Please note you have six months from the date of this letter to refer to the Financial Ombudsman Service for investigation.

 

Yours ...

 

So good result in a way that they have refunded full amount inc interest, however they say they have refunded the account, I am not sure but I think the account may have been defaulted, and the account may have been closed, can i write to them and request that they refund the full amount by cheque, MIL thinks this account is with a DCA, if that is the case then surely Barclaycard will no longer control the account?

 

Can anyone advise please.

 

Can i push for full amount by cheque, or should i consider this claim closed and won.

[slick132]

Hi Icy,

 

If there is any other debt due to BC or Barclays, they'll want to off-set the refund to reduce any debt.

 

If there's nothing owing and the a/c is closed, contact BC use the Final Response address or phone no. and ask for a cheque in settlement.

 

Let us know how it goes.

[ICY]

The account was in arrears, i believe they closed the account and have passed it onto a debt collector.

A cheque would have been nice but if they are unwilling to do this then we will have to accept the fact that they have reduced the debt.

 

Will get MIL to check who holds the debt and make sure the amount is reduced.

[slick132]

If the refund doesn't clear the arrears, at least it'll reduce them.

 

If it does, you should ask for a cheque for the balance due to you.

 

In any event, I'll get your title changed to **WON**.

 

Congratulations and please make a site donation if poss.

[elsinore]

Congratulations, ICY.

 

Thread title changed.

 

Els