kennythecelt v Barclaycard on behalf of

[kennythecelt]

Barclaycard have today responded to my LBA on my wifes visa, within timescale.

 

Claim is £880. They have offered goodwill gesture of just over £300, being the difference between a £12 charge and what they charged. They have previouly stated that they have given me all statements but interestingly these only go back 1 month over 6 years, so I don't believe them.

 

Decided that FOS will get a complaint on this, before court action as that is agreed procedure on CAG. Credit cards not affected by waiver, in theory at least although there are instances arising elsewhere.

 

Interest amounts to £206 at 8%. However, now that Moneyhelp and me have the CCI spreadsheet, I think I will try that and see what happens. Reason for that is Visas incredibly high interest rate charged on the fees which has been paid by us already.

 

So shall I accept this "goodwill gesture"........................................

 

 

A phrase I've used before- OK, but I quite like it, taken from the last battle scene in Independence Day

 

"In the words of my generation............... ......................... ..................

 

UP YOxRS!!!!!!!!!!!!!!

There are also charges for both payment protection plan and accidental death cover. These are a large amount. Anyone any success with these??

[kennythecelt]

Hi Nuno, how are you?

 

The waiver should apply to bank charges as thats what the OFT case is about. The ombudsman should deal with cc charges. I am going there more to see how they deal with it.

 

Some courts are staying credit card charge claims, treating them the same as bank charges- they are not seeing the difference but see the similarity.

 

However, Barclaycard have made this offer after the OFT announcement.

I will post the spreadsheet to your thread. No probs. Glad to help. Pass it around as needed by anyone as they can be hard to track down.

[kennythecelt]

Spreadsheet for anyone needing them!!

 

http://www.shweb.pwp.blueyonder.co.uk/

[kennythecelt]

Just off the phone to Barclaycard.

 

I phoned 0870 154 0154.

 

I asked why statements had only been given for 6 years and not prior to July 2001. She replied that they destroyed statements older than that. I said that I did not believe that and these were delaying tactics designed to deliberately limit charge reclaims.

 

I asked why Barclaycard had not complied and forwarded full banking history including details of contracts for Payment Protection Plan and Accidental Death Cover, to include details of each policy and agreements for same. My wife is adamant that when Barclaycard phoned her to ask if she wished these policies that she thought they were for £5/6 a month and not totalling £30, as it was some months dependent on credit limit.

 

On 7 August, I had again written to Barclaycard, requesting this information as it was not supplied with the statements.

 

She informed me that Barclaycard have paid £305 into the account. (They must have reactivated it as the account should have been closed as we cleared the balance and told them we had no need for it.). Told her to do what they wanted. We wanted full claim and that they werfe only putting people through hoops, not being transparent and treating people differently. The courts and the FOS would take a dim view of prolonging claims designed purely to put people off the scent.

 

We in any case have no way of accessing the £305 as we have no card, it being returned in bits when balance was settled.

 

I will now draft a modified letter of rejection.

Complete complaint form to FOS.

 

Lets see.

[kennythecelt]

Thanks Kenny much appreciated, I suppose I was given the offer before the announcement also.

 

Ive had success going through the Ombusman so....fingers crossed.

 

Nuno

 

Was this in respect of credit cards Nuno?

My offer from Barclaycard was made after OFT announcement.

 

Thanks for support and advice, good luck!!

[kennythecelt]

File note for information.

 

Their good will letter has the following para

 

".......................We Believe our charges are fair and transparent, and we make them clear in our terms and conditions, and on the reverse of every monthly statement"

 

The staements they have sent are for items purchased and charges each month, not the reverse.

 

However, I have original statements. One dated October 2000, on reverse under charges

 

"No additional charges if you....

 

make a late payment or if your direct debit isn't paid".

 

Lets see where I can take that. Anyone else used that route!! Any comments, they must have introduced charges some time after October 2000 for some reason. Guess why!!

[kennythecelt]

http://www.consumeractiongroup.co.uk/forum/barclaycard/85351-barclaycard-r-subject-access.html

 

This thread by noomill060 looks very interesting. Well done to him!!

 

Being used by others across other forums. Great work!

[kennythecelt]

Hi Bankcharges

 

I've just got around to posting an update, so sorry but I did not see your post, hence no quick reply.

 

I noticed however that you have posted on your own thread and been given good advice.

 

It can be best to post on your own thread as it means we can all keep a track of progress on your claim. Hope its getting sorted. If not, get back to me with a link to your thread.

[kennythecelt]

Had sent non compliance SAR to them re no details provided to us of

 

• Payment protection plan
  

• accidental death cover

  
  

Barclaycard have used a possible delay tactic by returning the non compliance letter stating they can find no trace of the account. (I have checked the account number in my letter to them and it is correct.)

 

Remember, they have paid an initial, interim settlement into the account, which is closed and we can,t access. I suspect they are trying to put me off the scent. I am going to total up the 6 year charges for both policies. I have read that these policies were probably "sold" over the phone. However, these calls c/would have been unsolicited and how can you pay attention when they are selling something and it is the busiest time of the evening. Lets see where this goes.

 

I will reply to them again, including a copy statement, and their interim offer letter. I will also draw their attention to the statement from 2000, which says

 

"No additional charges if you....

 

make a late payment or if your direct debit isn't paid".

 

I know these insurance policies are services and not reclaimable as bank charges, but my wife insists she never wanted nor needed them. I am interested in pursuing as it will confirm their process for keeping records on these policies and their selling methods, and may open other avenues.

 

Anyone aware of other cases like this??