Barclaycard

MandyLou66

Hi Nikabella1

I have today received my SAR from Barclaycard and can confirm their charges were £20 from 2004 and the first change to£12 I have was on August 24th 2006.

Hope this helps

Kind regards ML

Nikabella

Thank you MandyLou66 that definetely helps! I don't know where we got the idea they were £35 from but that clears things up. We are going to send off for a list of the charges anyway as militantconsumer suggests.

Good luck with your reclaiming!

militantconsumer

They do have another standard letter where they give it all back (perhaps minus some interest) so you might as well wait for that. It will take AGES once it goes to the FOS if you want to take it that far.

militantconsumer

I have checked and ours were all £20 (Oct 04 to Apr 06) - but often 2x £20 in the same month.

Other banks and cards charge other figures - £35 is not unlikely by any means.

laura2481

Have just received a letter back fron Barclaycard. I have claimed £140 made up of one £20 fee, and the rest £12. I didn't add interest in my first letter.

Their letter says:

Thank you for your recent letter, your details have been passed to me in order that I may respond in my capacity as Customer Relationship Manager.

I am sorry you feel the charges you have incurred are unfair. We beleive that our charges are both fair and transparent, and we make them clear in our Terms and Conditions, and on the reverse of every monthly statement.

In your correspondence you have outlined a legal argument that you say supports your view (I used the template from the main site) As I am sure you will appreciate Barclaycard is aware of all the informaton you have drawn to our attention. I must inform you however, that we disagree with your legal analysis.

Putting the above to one side, as a good will gesture and without any admission of liability, I am prepared to credit your account with the difference between the charges you have incurred and the current £12 fee. This would amount to £8 (whooo hoo)

The adjustment will be confirmed in your next statement.

Make I take this opportunity to remind you that the best way to avoid similar charges in the future is to remain within your credit limit and ensure that your monthly payment reaches us within the required timeframe.

Should you have any further questions.....etc etc

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I had just drafted another letter today, to send tomorrow, as today was the deadline for contact. In it I had said: I haven't heard from you so now I'm considering court proceedings. The total amount with interest in £150.02, I will accept £110 if you pay in 2 weeks.

Should I change my letter to say, thank you for £8 I will accept as part payment. Please send £102 within 2 weeks or I'm claiming £150.02?
(of course I'll write it based on Martin's templates!)

Thanks for advise..in anticipation

oxleyb

Hi, i have received almost the exact same letter from barclaycard only last week - i have claimed for £1400 and got a letter saying they would refund me £292 the diff between the £12 charge & what i was claiming (they have also took this off my account balance already). I immediately sent another letter back stating that the money they have applied is just not good enough and if they dont refund me the full balance i will start court proceedings. and am now awaiting their response, I also put the like without prejudice i would accept a lower ammount around £1,100 i think. Its always worth trying to see if they will do it.

Hope you can get sorted, but i;d send the letter anyway & see what happens x

militantconsumer

Next standard letter from Barclays will refund it all.

But watch the interest, they might not pay it all. Ours has gone to FOS to get the last bit of interest.

laura2481

militantconsumer wrote: »

Next standard letter from Barclays will refund it all.

But watch the interest, they might not pay it all. Ours has gone to FOS to get the last bit of interest.

I'm not too bothered about interest, would be happy with £110 in total. Let them keep a few pennies for their trouble I will amend my letter!

laura2481

Draft of next letter: does this sound ok? Please let me know if it could do with any amendments.
=======================================================
I refer to default charges applied to my account amounting to £140 which I have requested you pay back.

I wrote to you on 19/11/08, making the original request for a payment in settlement of my claim. Thank you for your letter dated 25/11/08, in which you offer a payment of £8. I do not believe that this is a satisfactory amount. I will accept the £8 as a partial payment but I am writing to inform you I intend to claim the full amount, together with interest up to the date of judgment and court fees in the proceedings through the county court.

This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the court will rule in my favour. As I am sure you are aware, the Office of Fair Trading also stated in its April 2006 statement into credit card charges that it considers charges are at a higher level than is legally fair.

I have attached a full schedule of the charges with this document.

Without prejudice
The charges and interest I have claimed above total £150.02. However, if you are prepared to pay to me £102 and the already offered £8, a total of £110, within 14 days of the date of this letter (and, for such purpose, time shall be of the essence), I am prepared to accept this lower figure in full and final settlement of my claim and interest.

I look forward to a full response to this letter within 14 days, otherwise I will commence court proceedings to reclaim my money.
Yours faithfully,

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How does that sound?

laura2481

Or should i just ask them to clear the balance of my card? It is currently at £84. Would they be more likely to do that?