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Have today finally got round to claiming back something myself, namely overlimit / late payment charges on my Barclaycard account, I estimate the charges to be around £100 - £150 but am not entirely sure without sendinf off a DPA request.
See how it goes and will keep everyone updated......................cos I'm good at that
See how it goes and will keep everyone updated......................cos I'm good at that
Barclaycard Customer Services
Barclaycard House
PO Box 5592
Northampton
NN4 1ZY
Account Number: XXXX XXXX XXXX XXXX
Dear Sirs,
I am writing to insist that you refund the penalty charges incurred on the above account since inception. These are listed as “Late Payment Charge” and “Over Credit Limit Charge” amongst others.
I am aware that these charges are unlawful at Common Law & Statute. This is further reinforced by the Office of Fair Trading report of 05/04/06 which concluded that these charges are unfair to the consumer. In addition, following a recent Freedom of Information request to the Office of Fair Trading I was informed that:
“Following consultation with eight leading credit card issuers we have concluded that default charges in most credit card contracts across the sector are highly unfair in terms of the UnfairTerms in consumer Contracts Regulations (UTCCRs) and therefore unlikely to be enforceable against consumers”
If you believe that they are not penalties, then will you please demonstrate this by giving me a full breakdown of the costs you have incurred as a result of my breaches, in order to prove to me that your penalties really do reflect your actual losses.
I therefore insist that you refund to me, by way of cheque, the total amount of all charges incurred plus any interest accrued at the contractual rate thereon. I will not accept partial repayment nor will I accept that the Office of Fair Trading report of 05/04/06 deemed £12 to be an acceptable charge, as it clearly did not. I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive a refund in full which would return me to the position had these charges and interest thereon not been incurred.
If you do not respond, or you do not respond positively, within this time period, I shall refer the matter directly to the Financial Ombudsman and Office of Fair Trading for further investigation.
Should I not receive satisfaction in this way, I shall then seek recovery by way of a County Court claim against you.
Yours faithfully,
Mr Bertrand Porkwhistle OBE, MBE, B&Q, DIY, D.I.S.C.O..........she was D.I.S.C.O
Barclaycard House
PO Box 5592
Northampton
NN4 1ZY
Account Number: XXXX XXXX XXXX XXXX
Dear Sirs,
I am writing to insist that you refund the penalty charges incurred on the above account since inception. These are listed as “Late Payment Charge” and “Over Credit Limit Charge” amongst others.
I am aware that these charges are unlawful at Common Law & Statute. This is further reinforced by the Office of Fair Trading report of 05/04/06 which concluded that these charges are unfair to the consumer. In addition, following a recent Freedom of Information request to the Office of Fair Trading I was informed that:
“Following consultation with eight leading credit card issuers we have concluded that default charges in most credit card contracts across the sector are highly unfair in terms of the UnfairTerms in consumer Contracts Regulations (UTCCRs) and therefore unlikely to be enforceable against consumers”
If you believe that they are not penalties, then will you please demonstrate this by giving me a full breakdown of the costs you have incurred as a result of my breaches, in order to prove to me that your penalties really do reflect your actual losses.
I therefore insist that you refund to me, by way of cheque, the total amount of all charges incurred plus any interest accrued at the contractual rate thereon. I will not accept partial repayment nor will I accept that the Office of Fair Trading report of 05/04/06 deemed £12 to be an acceptable charge, as it clearly did not. I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive a refund in full which would return me to the position had these charges and interest thereon not been incurred.
If you do not respond, or you do not respond positively, within this time period, I shall refer the matter directly to the Financial Ombudsman and Office of Fair Trading for further investigation.
Should I not receive satisfaction in this way, I shall then seek recovery by way of a County Court claim against you.
Yours faithfully,
Mr Bertrand Porkwhistle OBE, MBE, B&Q, DIY, D.I.S.C.O..........she was D.I.S.C.O
well I finally posted a letter to RBoS yesterday to start the ball rolling on my old CCJ bank account!
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