pinky v Barclaycard *** won ***

[pinkerton_angel]

Well I've sent off my first letter to Barclaycard claiming £550 of charges.....

 

I also CCA'd them but continued to get statements, not to mention calls, letters and threats from Mercers, even tho they'd been copied in on all correspondence (incl. the Harrassment letter!)

 

I emailed a few people at Barclaycard to tell them to back off and then a few days ago I received a letter from Barclaycard saying;

"In respect of your recent correspondence to Lindsay Hilton dated 23 July 2007, I can confirm that we acknowledge that your request under the Consumer Credit Act 1974 has not been met within the prescribed timescales.

Therefore, collections have been suspended on your account from the date of your request up until today's date. A refund of £202.02 has been applied to your account which consists of the interest charges and late payment fees. These adjustments will show on your next statement; however out normal collections and recovery procedure will resume one month from today. I trust this will be satisfactory."

 

They also included one copy of a signed (by me) agreement and another blank one.

 

Despite this, I got a 48 hour or else threat from Mercers so I phoned them up and gave them hell, they still tried to blag it and add more money onto what I owed and said that although the calls would stop the letters wouldn't as they were automated!

 

I initially thought Barclaycard were being quite fair with this but looking at the CCA I'm not sure it's right. It's a very old one and I think I've closed this account and opened another with them since - does this make any difference? and I can't read any of the small print on it...

 

Anyone got any suggestions as to what I should do next?

 

Many thanks

pinky x

[pinkerton_angel]

Can anyone help with this?

 

I've now sent off my LBA to them and received a letter yesterday saying that it's tough luck basically, is the Ombudsman still taking credit card cases or should I proceed thru MCOL??

 

They were quite quick to admit that they'd been delayed in sending me the documents (which I need to post up to see if it's the correct ones) and they refunded me the interest but they've still been passing derogatory info to the CRA's!!! so I've now asked for that to be removed, heard nothing back as yet.

[moneyhelp]

My account is also with Mercers - have a look at my thread.

 

Also have a read of this http://www.consumeractiongroup.co.uk/forum/general/110540-all-mcol-claims-automatically.html if you could scan your copy of your agreement on here - removing all your personal details, someone can look it over for you. Or ask a mod / sitehelper to take a look at it for you.

[moneyhelp]

This may help too http://www.consumeractiongroup.co.uk/forum/general/111117-stays-info-guidance.html

[pinkerton_angel]

Brilliant, thanks Money

pinky x

[pjdavies2000]

Worth reporting them to FOS and FSA.

 

They have clearly breached their own guidance and rules by not putting Mercers back on the chain.

 

Is the refund the £8 difference, if so, you need to sedn the rejection in lieu of receipt letter in the templates library - copy to Mercers - and get a scan of your docs up asap.

 

If they sent T&Cs as well, they need to go up also.

 

Thanks

 

Peter

[pinkerton_angel]

Hi Peter,

The refund given was just for the interest and charges they had added on during the period of dispute since I asked for my CCA.

I have claimed for all the other charges anyway, they have offered a refund of the difference which I will be rejecting.

I'll try and get the docs scanned in over the weekend.

many thanks

pinky

[moneyhelp]

Any news?

[pinkerton_angel]

I've not managed to scan copies yet, must get round to it. Have put in complaints to the FOS and the ICO though, saying that they should not have been passing derogatory information over whilst account in dispute. I can't believe this but I've also noticed that in my last credit report, my late payment markers have actually been moved back 2 months from a previous report, so it effectively looks as though I was late in paying 2 months earlier than I was!!!!!! I'm shocked at this. I've also since noticed it (altho not to the same extent) by one of the others (think it was A&L) How can they get away with this???????!!!!!!!!!!!!!!!

 

Pinky x

[pinkerton_angel]

Just to update on this -

I lost track with it really once the court case stuff came in (I know it's just banks but we all seemed to lose a little motivation)

I've still not been able to scan my docs in...

I had a reply back from my FSA complaint (from them saying that Barclaycard needed to respond again) and from Barclaycard saying that all info was correct (it blantantly isn't so will be responding back to them AGAIN)

I've put my claim for charges in again - charges are £560, they've told me they're crediting my account with the difference (£366.02)

Has anyone had any luck pursuing the whole amount or is it worth just settling for this?

Any feedback would be great.

Thanks

pinky x

[slick132]

Hi Pinky,

 

If you look around you'll see loads of cases where BC offer partial refunds, or offer the diff between what you were charged and the accepted £12.

 

Turn the offer down and continue with Court Action or ask FSA to resolve (this may take time).

 

You'll get your chgs back plus any court fees that you have to pay.

[pinkerton_angel]

Yippee!!

I refused the 'difference' in a letter and today received a letter saying that as a 'gesture of goodwill' they were crediting my account with the amount I'd asked for (less interest but I can live with that!)

But of course, they didn't really owe me the money it was just goodwill

 

I'm a happy pinky x

[slick132]

Yaay Pinky,

 

Great result - I'll get your thread changed to **WON**

 

Make sure the credit shows up on your account !

[tomterm8]

congratulations