ArohemQ vs. Barclays Bank

[arohemq]

Claiming default charges of £855.00

Plus s69 Statutory Interest as at 28/04/07 of £334.02

 

27/02/07 1st Letter sent.

10/03/07 Barclays acknowledged receipt.

29/03/07 Barclays Goodwill gesture, offer of £605.00

02/04/07 Rejected offer, sent 2nd Letter with 14 day reply deadline.

[haven't anything new since]

 

Been on holiday and a bit busy at work but am now back.

 

I've been reading Contractual Interest debate(s) keenly. Can I change my demand from statutory to contractual at this stage?

 

I am also seeking default charges from :

• MBNA: £380 + s69 £132.11
  
• Barclaycard: £140 + s69 £48.72
  
• American Ex: £270 + s69 £94.68
  
• Halifax: £165 + s69 £60.40

[arohemq]

May I add that this account is the oldest I have (opened since 1994) and is still active despite leaving UK in '95 and returning in '99. I like to keep it open as it helps my credit history etc. No, no threats to close it off. Yet!

 

I have all my statments since June '99.

Some of default charges date back to 2000 & 2001 but I included these regardless [amounts to £60.00].

I'm interested to find that there is a debate about going beyond the 6 year statute of limitations period. So far, none of my letters sent to Barclays have mentioned the 6 year period and Barclays hasn't brought it up either.

[Guest Mumofthreeboys]

Contractual interest should be added to your letters from the beginning.

[arohemq]

Thx for the quick reply!

 

Ohoh.

Can I send a new set stating I now wish to pursue contractual interest?

Or has my contractual boat sailed? :-|

 

I mustn't be greedy thou'...

[Guest Mumofthreeboys]

Have you read about CI, do you understand it?

[arohemq]

I have read about it here or at least a great deal of it (there are two major threads I read with plenty of opinions!). I blame Bong's thread! I was actually researching how best to proceed with MCOL and read her thread first.

Did I understand it? Erm, I believe I have but I can stand being corrected!

 

The idea behind charging CI is "mutuality and reciprocity...

There was unjust enrichment and I was deprived of monies I could have invested elsewhere but they did so instead. Which rate I apply to claw back what I was deprived of and to remove their gain depends on me i.e. whether it was unlawful & therefore I charge an 'unauthorised rate' or simply charge the same rate as the authorised rate.

 

The reason I had requested s69 in my claims from the start was in the belief that the law provided me with a statutory rate to reclaim my "lost opportunities". I had not thought of (nor seen in other websites) the idea of unjust enrichment as debated here nor of mutuality & reciprocity in my T&Cs.

 

I had always wanted to charge some sort of interest and I went for s69.

The idea was that I could get this interest rate if I went to court therefore I was going to request it.

If this is incorrect in the prelim stage then I would like to try for CI and s69 as the alternative when finally going through the county courts.

 

Have any others requested s69 before a county court claim was lodged and succeeded in obtaining it?

[Michael Browne]

Have any others requested s69 before a county court claim was lodged and succeeded in obtaining it?

I could be wrong, but I am not aware of a single bank settling a claim in full prior to filing at court, that included s69 8% interest

[arohemq]

I have just discovered this thread:

 

http://www.consumeractiongroup.co.uk/forum/general/79524-key-arguments-against-compound.html

As well as Photoman's thread & reading Bong's other threads.

 

And now understanding more about "consequential loss" which I cannot claim...

 

So I guess more reading follows;-)

[arohemq]

Hmm, thx Michael. It would seem I started off my claims incorrectly [if I wanted to also claim back some sort of interest]. :-|