Tawny Owl- V Barclaycard

[Tawnyowl]

Sent SAR request with ten pound postal order 10th jan

Received statements 15th march

Sent letter asking for charges back 19th march plus8% interest

approx900.00

Received letter back from Barclaysharks 30th march saying charges are fair but as a goodwill gesture they would offer difference between charges

incurred and 12 pound fee recommended by OFT OVER 360.00

 

Sent letter saying i was not satisfied and going to claim full amount in court giving them 14 days to reply 11TH april

Received letter back from Barclaysharks 18th APRIL saying they will not consider any further refund

Due to watching Whistleblower want to carry this on suppose after letter like that its the only option anybody with any ideas where to go from here

[animaleyes76]

Hey Tawnyowl

 

Go to the guidance and bank letters templates section and read up on how to raise a court claim using the standard N1 form or using MCOL online. Then go get them!

 

Michael Browne has written a great guide that will tell you everything you need to know.

 

I know how you feel re B@st@rdcard. They are a nightmare!!

 

Good luck

[Tawnyowl]

Thanks for advice -strange how these banks wont settle - perhaps its the difference between paying out millions and not billions- its only a matter of time surely before they will have to pay everybody back.Michael Browne was one of the first people who replied to me when i first came on this site.Deserves a medal from us- dont think the banks would give him one though.Good luck to all with claims. When you get to this stage its nice to have a bit of support.Thanks again -Tawny

[Tawnyowl]

Just checked Barclayshark statement seen credit for approx 33% of total asked for. Never been in credit before.Going to give them another ten days to settle full amount before starting proceedings. Sending letter 4- offer before court action.Well happy that i came across this site-because without it this would not be happening.Seeing how this goes with them- then i will start on the others.

[animaleyes76]

No worries. Good luck.

[Tawnyowl]

Received letter back from Barclaycard after giving them another 10 days to settle balance .Received same reply saying no so leaves me with no other option but to move onto N1 form or MCOL going to check it out now.Very down after Barclaycards attitude. Dont even think the OFT has set a twelve pound figure so why do Barclaycard offer settlements with this taken off.Suppose some give up at this stage and accept the offers - just cant bring myself to accept it especially with Barclayshark- keep thinking about Whistleblower program.Wonder how much this next stage is going to cost. Takes a bit of nerve taking a bank to court.

[Tawnyowl]

Due to computer tripping up and falling twenty foot down stairs have been offline so there has been no progress with any claims only letters from different dca companys and many phone calls from them . When they will not listen i have resorted to putting phone in parrot cage but they even ask the parrot for a increase in payments especially Moorcroft and a firm called Direct Legal & collections .I have been in touch with cccs about my debts and they have been very helpful.Now i am back online i will slowly crack on with claims .Have received part payment from Barclaysharks which i would never have had if it wasnt for this site. I will soon be taking them to court.

[moneyhelp]

Good luck Owl and keep us posted.

[Tawnyowl]

Just a update.After receiving part payment and Barclaycards refusal to pay any more back am still pondering whether to go all the way to court.Have taken a long time to get this far due to other pressing matters.Any advice welcome.

[Tawnyowl]

Have received letter from Mercers saying i am over 70 pounds behind with payments.Mostly made up of charges.My account is only for 350.00 pound. Do i write back telling them the account is in dispute and stop paying.The charges still add up to much more than the total account.

[slick132]

Hi Tawny,

 

I assume you let the refund from BC stand - ie you didn't reject it and BC did not take it back.

 

I suggest you treat this as a new claim because of the time lapsed since you rec'd a part refund of chgs from BC.

 

Prepare a new or updated updated SOC (Schedule of Charges) including all those claimed before and any incurred since then to date. Send to BC with a Prelim Ltr but adapt the ltr saying, " I want repayment of charges totalling £xxx.xx less the refund made to my a/c by BC of £xxx.xx on xxth date, making a net refund of charges now due of £xxx.xx.

 

After 14 days, send an LBA.

 

It's likely that BC will make an offer even before you need to file at court, but this seems to depend on luck (ie who is d/w your claim at BC).

 

Let us know how it goes, stick to your timescale and see it through to the end this time. BC are more willing to settle straightforward claims now, possibly to avoid court fees and CI claims.

[Tawnyowl]

So sorry could not act on your advice due to repossession case and other matters that would not go away.Now the matter is really on the boil-i have received court papers Issue date 1st sept-seems the account was passed to CL finance ltd who are using solicitors Howard Cohen & CO.

I see court fee of 30.00 and solicitors costs 50 pound but even thought this long surely still in dispute.Many charges since maybe i should S.A.R - (Subject Access Request) them again and send letter to DCA saying this-just not sure what to do.Obviously Barclaycard are sure of themselves.So sorry not to have acted on previous info-but major troubles away from this.

[slick132]

Add up the later charges (which haven't yet been repaid) and send off a new Prelim ltr to BC. I assume you have the recent state's to confirm the figures. Otherwise you need to send off SAR.

 

Can you tell us what chgs you will now reclaim and how does this compare to the a/c balance.

 

You need to Acknowledge the Claim and confirm you intend to defend the full amount (if appropriate).

 

Send the Sol'rs copies of any ltrs to BC.

[Tawnyowl]

Have now acknowledged claim online and confirmed intention to defend the full amount.Will work out details but may have to S.A.R - (Subject Access Request) Barclaycard again.Due to house move haven't got latest statements.Thanks for your help Tawnyowl.Expect total to be about 700 at rough guess.

[slick132]

Expect total to be about 700 at rough guess.

Compared to the a/c balance of approx............?

 

Oh, and if you DO send them an SAR, make a clear request for the Credit Agreement at the same time.

Edited September 12, 2008 by slick132
add'n

[Tawnyowl]

Compared to the a/c balance of approx............520 inc court costs and solicitors.