Young v Barclaycard

[Bev77]

Hi all, I'm new to B'card, but have been successful with Nationwide bank and I'm in the middle of one with Lloyds TSB.

 

I understand that the process is slightly different with a credit card than it is with a bank, so I'm just introducing myself here, as I'm right at the start and am just about to send the SAR off to them today.

 

I've been having a read around, but there doesn't seem to be too many success cases with B'Card? Is this the case? I recently started a case against Barlcays Bank for my brother and his girlfriend, and they offered about 90%, which my brother decided to take as he was getting it in the ear from his girlfriend. And that was way before they got to court, that was only after the prelim letter.

 

I guess I was hoping that B'card will be the same (same company after all), but that doesn't seem to be the case. Someone please correct me if I'm wrong?

 

Anyway just wanted to show my face as it were.

[moneyhelp]

Hi Bev and welcome to the Barclaycard thread.

 

I for one can say they are a blimmin' nightmare, I can't even get my statements out of them!

 

Wishing you go luck on your claim

[pinadagolf]

Still awaiting some microfiche statements from Barclaycard. 40 days now up! Submitted those I received for payment. They sent a quarter of the amount owed!!I think its time to file a moneyclaim online for the rest, plus interest at 8%!!

Good Luck ,Pinadagolf

[moneyhelp]

Pinadagolf

 

Start your own thread then we can keep an eye on your progress.

 

Good luck!

 

 

___________________________-

If I have helped in any way please click on the scales in the left corner also please remember that any advice I give is purely my own experience or opinion. Ta.

[Bev77]

Well the 40 days were up on the 1st August. I've received copy statements this morning. On first reading the covering letter says that records beyond May 2004 are on microfiche and are not covered under the DPA, blah blah blah. BUT on this occasion as a gesture of goodwill, they have included them (how nice!)

 

Now which transactions am I looking for? I know with Banks it's any o/d, dd, so, etc payments plus interest on those payments, but not sure what to look for in CC statements.

 

Any help please?

[Bev77]

Right, just having a quick check through and I seem to have several strange entries:-

 

Interest on standard balance

Interest on consolidation balance

Out of order fee (roughly £40 each time)*

Returned payment charge (£15)*

Late payment charge (£20)*

Over credit limit charge (£20)*

* These are the ones I can claim back?

Is this right?

 

Any help appreciated

[pjdavies2000]

The last 3 definately, but never heard of the Out of Orde charge - do you know what it relates to?

 

Peter

[Bev77]

No idea, just says out of order charge. It was in Jun 2002, so maybe they renamed it something different, I only have the one.

 

Can I use the same spreadsheet for working out the charges as the one we use for working out bank charges?

 

edit: to say that I have just found another one in Jan 2005, so have no idea what it is? Perhaps they just think I'm being 'out of order' lol!

[pjdavies2000]

There is a spreadsheet in there somewhere for Credit Cards - it's in the same download section of the templates library, just a bit further down.

 

I suppose in your PreLim, you could ask for this charge to be explained, and add it in when you find out - but I wouldn't risk somethign you don't know until you are sure - not the way the bamks are oplaying lately!

 

Peter

[Bev77]

Thanks, will go have a look for it now.

[Bev77]

Sorry to be a pain, but I'm now up to April this year and there is something labelled CHRGOFF PURCH FEES £193.39, AND CHRGOFF PRCH PRIN BALM £1004.55

 

Any idea what these are? I've been on a repayment plan since April 2005, and haven't used my card at all snce way before then?

[pjdavies2000]

I think that is the cost of them setting you up on a repayment plan and/or passing you over to a DCA, and the second is the total balance left to pay, including that charge.

 

Would that make sense to your account?

 

Also, if they have done that, have you considered using the loaded weapon that is a CCA request.

 

I'm not one to drop what I owe, but when they start getting petty and messy with me, then I find it har not to play hard ball back.

 

I am currently waiting for my CCA to arrive, and if it doesn't, then all hell will break loose!

 

Peter

 

ps - thanks for the tinkle!

[Bev77]

Well I did think that, that it was when they passed it over, because it adds up to the total balance, and then it says present balance 0, amount due 0, credit limit 0. So I thought it must've been passed over, but then the next months statement, which is June's (but marks all May's transactions) says current balance (£1192) again, so does that mean that they have got it back?

 

RE the CCA, I haven't done it with B'Card. Although I did try that route with Capital One for both mine and my hubbys cc and unfortunately got them both back! Also tried it with hubbys loans and got them back as well! Damn! lol

 

Thanks for the thinking though,

[pjdavies2000]

sounds like it was passed and passed back then...

...and this has been a common thing with BCard when they don't have a CCA agreement. Mine was with a DCA and passed back after I CCAd them.

 

could be worth a try again - after all it's only a quid! - and they seem to know something is up if they have had the debt passed back?

 

Peter

[Bev77]

Right, I finally got my a*se into gear and sent the letter off to B'Card. Charges came out to £758.53, plus interest at 8% of £247.83. TOTAL £1006.36. Sent the letter on 20th March, got a reply this morning.

 

As a gesture of goodwill and with no admission of liability, they are prepared to credit my account with the difference between my charges and the current £12 fee, which equates to £296, plus 8% interest.

 

Obviously this is a lot of difference between the amount I am claiming. I'm not scared of fighting and taking it all the way.

 

Should this be my next step? Sending them notification that since I have not received a satisfactory response I am now taking it further and the next step will be court action.

 

I am tempted to ask them to wipe the debt completely as the total debt is only a few £££'s more. What do you think my chances are? lol

[slick132]

Hi Bev,

 

If their response was in reply to you Prelim Letter, send them your LBA now.

 

If the offer was in reply to your LBA, you should now file at court.

 

Did you actually send BC a CCA request and have they replied.

[Bev77]

Sorry, yeah it was in response to the prelim letter. I'll send them the LBA letter.

 

I haven't sent a CCA request to B'Card. I've sent one to all my other CC companies and have received the proper paperwork back, so just assumed that this would be the same. Do you think it would be worth sending a CCA request then?

[slick132]

Hi Bev,

 

See how you get on with the claim - if the chgs clear the debt or nearly do so, no need to CCA them.

 

Also, send them a Rejection Letter from here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html . Select the one most appropriate for your case.

[Bev77]

The charges are not far from clearing it, think there might be a difference of a couple of hundred or so.

 

Will send a rejection letter and LBA as soon as poss. I'm def not going to accept their offer of £250.

[slick132]

Good for you !

 

That was a poor offer by any standards. They may not be taking you very seriously because you let this slip, timewise.

 

Keep up the momentum now and you should get what you want in the end.

[Bev77]

Sent my rejection and LBA on the same day - 18th April.

 

Just received a reply this morning:-

 

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 £12.00 with effect from August 2006. Therefore we agreed to credit your account with the difference between the charges that you incurred and £12.00.

Having checked our records, I can confirm that you have been charged fees totalling £772.20 including 8% interest; we refunded 319.68 of these charges.

SUMMARY OF OUR INTERNAL INVESTIGATION

In the circumstances, as a gesture of goodwill, I have credited your Barclaycard account with a further £452.52 representing the remaining charges. However, we believe that our charges are fair and reasonable

and then it goes on to say about the financial ombudsman, etc, etc.

 

I'm confused. I'd like to know, how they have come up with a total, that is way off my total, when presumably we have both got our figures from the same paperwork, i.e. the ones they sent through to me?!?!

 

My figures work out to be £758.53 BEFORE the 8% interest is added.

 

Do I have to accept this now or can I still proceed with the court action?

What should be my next step?

 

On a side note - the debt has been passed to Calder Financial. They sent me a letter saying that there was a settlemt opportunity available. On the 19th March the balance (according to them) was £1,162.94. They sent another letter on 1st April saying that the balance was £1,156.86. Actually, thinking about it, I am on a repayment plan with CCCS, so the difference might be from their payment.

[slick132]

Hi Bev,

 

I'd write to BC and ask for a breakdown of the figure they are offering to repay as you cannot see how they arrive at their figures.

 

Say you'd like to negotiate a settlement and are prepared to postpone filing at court until 14 days from the date of THIS letter.

 

You can't really negotiate on the 8% int't as it's not due until you file at court. Be aware however that BC have been offering to repay chgs + 8% when really they are offering a flat 8% without reference to the chg dates, thus given a far lower int't figure.

 

If they don't reply within 14 days, file at court, after updating your SOC and including the 8% int't.