Barclaycard

Norfolk_Shot

Ta,

I'll pop into town and get it out now, i can then use it to take them to court for the rest :rotfl:

Basketcase_2

Hi, please can you give me some advice
Barclaycard have offered me £123.00, which i sent a reply back saying no thanks, today i have got the following letter off them,

We note that you are dissatisfled with our offer of £123.00 however our position remains the we believe it is fair when out customers ' break the terms of their agreement with is we recover the costs, therefore i'm not prepared to consider you request for any further refund.

As previously advised when your Barclaycard account was opened you signed and agreed to out terms and conditions that inclided details of our charges, this information provided at the application stage clearly explains our obligations to our customers as well as their obligations to us.

I appreciate that this may not be the outcome you expected however i trust the information i have provided has clarifield barclaycards position

If my reply does not meet with you expectations you may ultimatly be eligible to refer to the Financial Ombudsman service.

They have offered my £123.00 and i am after £384.85) what does everyone think i should do next? help

mum2one

Basketcase wrote: »

Hi, please can you give me some advice
Barclaycard have offered me £123.00, which i sent a reply back saying no thanks, today i have got the following letter off them,

We note that you are dissatisfled with our offer of £123.00 however our position remains the we believe it is fair when out customers ' break the terms of their agreement with is we recover the costs, therefore i'm not prepared to consider you request for any further refund.

As previously advised when your Barclaycard account was opened you signed and agreed to out terms and conditions that inclided details of our charges, this information provided at the application stage clearly explains our obligations to our customers as well as their obligations to us.

I appreciate that this may not be the outcome you expected however i trust the information i have provided has clarifield barclaycards position

If my reply does not meet with you expectations you may ultimatly be eligible to refer to the Financial Ombudsman service.

They have offered my £123.00 and i am after £384.85) what does everyone think i should do next? help

Hi
Its the Standard barclaycard approach, yes we signed the terms and conditions, but in law those charges must be proportionate to the costs.

What barclaycard will most properly do is credit your barclaycard account with the difference, you need to check your account, if they have credited the money, write back saying you are prepared to accept the part payment, without prejudice, but you will be proceeding with a court claim for the rest.
You may have to start court proceedings, but if its any help, I had all the same letters, started court action, they settled in full, plus interest + court fees. so bear with it and go 4 it
were all in the same boat here, either been there done that and won, or going through the process.
x

Degs45

They dont rush themselves do they this Barclaycard lot do they !!!!!

SirSaverOBE

I would greatly appreciate ANY help with this! Basically, I am taking Barclaycard to court, but they are being real b***ers.

STORY SO FAR:

I applied for statements, worked out how much they owed me and filed on MCOL for my court hearing. When Barclaycard originally responded to my threat of court, they offered me £181 - they actually owe me over £600. I said no, but they put it on my account anyway. I have written 3 times asking them to take it back, but they haven't. I don't want them to be able to use this as a weapon in court. Is this a dangerous situation?

Anyway - I have a Pre-trial review on September 10th.

THE BIG QUESTIONS I WOULD GRATEFULLY APPRECIATE ANSWERS TO ARE:

1: What do I need to take with me or be prepared with for the Pre-trial review?

2: How dodgy is Barclaycards forced gift of £181 and where do I stand if they don't take it back?

Many thanks,

SirSaver

Sagaris

I think you can accept it, write to them telling them this, but that it is 'without prejudice' and that you will continue to claim the remaining money due to you.
I'm sure someone more knowledgeable than me will be along soon to confirm or deny this!
Good luck with the rest of your claim.
That reminds me, we've heard nothing about OH's claim against them - I have filled in the forms for the Ombudsman so I suppose I'd better get them off in the post - thanks for the reminder!

mum2one

SirSaverOBE wrote: »

I would greatly appreciate ANY help with this! Basically, I am taking Barclaycard to court, but they are being real b***ers.

STORY SO FAR:

I applied for statements, worked out how much they owed me and filed on MCOL for my court hearing. When Barclaycard originally responded to my threat of court, they offered me £181 - they actually owe me over £600. I said no, but they put it on my account anyway. I have written 3 times asking them to take it back, but they haven't. I don't want them to be able to use this as a weapon in court. Is this a dangerous situation?

Anyway - I have a Pre-trial review on September 10th.

THE BIG QUESTIONS I WOULD GRATEFULLY APPRECIATE ANSWERS TO ARE:

1: What do I need to take with me or be prepared with for the Pre-trial review?

2: How dodgy is Barclaycards forced gift of £181 and where do I stand if they don't take it back?

Many thanks,

SirSaver

Hi
Q1. You need 3 copies of everything put into bundles, can use a4 file, 1 for u, 1 for the court and 1 for barclaycard, they need to consist of all documents u intend to rely on, basically letters that you sent and recieved, plus a list of charges with interest ( for ease put these in a spreadsheet),,

q2, as long as you have a copy of the letter and if you sent it recorded delievery, (print this off the royal mail site,)

if you write and accpet the payment, it doesnt go against you as long as you write that you will accept the money without prejudice and that you will continue with your claim, keep to your dates,

barclaycard tend to put the money on,even if you say no, but bear in there, I had full settlement

hope that helps.

arism74

I don't believe this!!! How far are they going to go??? :mad::mad::mad:

As you may notice from earlier postings, I had a court hearing last Tuesday, where I went and they didn't show up, so I won by default. I've been waiting for the cheque, but today I get a letter instead where they're referring to the OFT case and that my case is on stay!!! What the hell is that all about???? Here's the letter below:

13 August 2007

Dear Mr. M.

Unauthorised Overdraft Charges ('bank charges')

You have referred your complaint about bank charges for determination in Court.

We believe the charges are legal, fair and transparent.

Since you filed your claim in Court Barclays (along with a number of other banks) has now become involved in legal proceedings with the Office of Fair Trading ('OFT') in relation to bank charges which we believe will resolve the legal issues regarding the fairness and legality of your bank charges. You should be aware that the bank will immediately apply to the Court for an order to stay your action until the resolution of the bank's proceedings with the OFT. As a result your case is likely to be put on hold until the outcome of these proceedings is known.

Given this court case we have asked the Financial Ombudsman Service ('FOS') not to proceed with any other case they are hearing until the test case is resolved. The FOS has indicated that as a general proposition it will indeed not proceed with cases which rely on the legal issues being considered in the test case.

We have asked the Financial Services Authority ('FSA') to suspend the normal timetable for dealing with bank charges complaints, and the FSA has agreed to this request subject to conditions that protect your rights.

We will keep you updated appropriately about the proceedings with the OFT. You can also check the latest position on our website at www.barclays.co.uk

We can assure you we have registered and stored your complaint. Please retain your bank records, as this will make it easier for you to support your complaint on resolution of the test case.

Once the legal proceedings between the OFT and the banks finish, we will resolve your complaint as quickly as possible applying the (test case) principles.

As a general matter, we will ensure that your claim will not be adversely affected by the stay of yoru court proceedings.

Yours sincerely
Thomas Hickey

What is this all about?? Are they bluffing? I thought that the OFT story a) does not apply to credit cards, and b) is only for cases that have not started now, not those that have begun in March (like mine)

I've been thinking of a) calling them, b) calling the court, or c) doing nothing and send the bailiffs next Tuesday....any other cases, similar thing happened to anyone? Thanks

SirSaverOBE

Hello, Mum2One & Sagaris!

Thank you for your replies. That clarifies things quite nicely. One more question though

Do I need to resubmit any details about my claim to the court if I write to BCard stating an acceptance of their partial claim and intention to persue the remainder?

ALSO - Do I need to know, or be able to quote, any aspects of law pertaining to the case once the trial date arrives?

Best wishes,

SirSaver

mum2one

SirSaverOBE wrote: »

Hello, Mum2One & Sagaris!

Thank you for your replies. That clarifies things quite nicely. One more question though

Do I need to resubmit any details about my claim to the court if I write to BCard stating an acceptance of their partial claim and intention to persue the remainder?

ALSO - Do I need to know, or be able to quote, any aspects of law pertaining to the case once the trial date arrives?

Best wishes,

SirSaver

Hi,
No probs at all, from my understanding, if you have a court date already, just write to the court enclose the copy of the letter that you sent to Barclays,if you havent got a date, then all you do is proceed as normal but on the line where the what you want you just put the suj of money in ( eg claim was £800 + interest, bcard paid 200, so you would be claiming £600 + interest),

Re court, no you dont need to know any specifics of law, just that the whole case is based on charges should be porportionate to the costs occured, if you go through the letters you have sent them ( esp if u followed Martins plan of action), then everything u need is in there.
If you need any help you can always send me a message via the blog and I can get back to you

Cheryl