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Nesta v Barclaycard (Visa and MC)

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  • Nesta v Barclaycard (Visa and MC)

    from Tools:

    Re: Nesta v Barclays
    I am going to set you a task Nesta.

    I want you to try and beat my record, do not wait for the SAR, if there are any discrepancies in what they refund you and what you calculate they owe you then you can argue that after with them.

    Tools v Barclaycard ( Overlimit / Late Payment Charges ) **Refunded In 9 Days**

    Send that letter including any amendments suggested on the thread, I want it in the post for collection 1st thing Monday. Then sit back and wait.

    Let us know how you get on
    lol, game on!

    I've got some for visa and mastercard - I'm going to put them on the same letter unless anyone advises different.

    I've been through all the statements I can find, and bearing in mind I binned/burnt quite a few when I was in a really bad patch and hiding my head in the sand, I've come up with the following:

    Barclaycard Visa - charges £448 + stat interest £100.89
    Barclaycard Mastercard -charges £308 + stat interest ££64.46


    The "Tools" letter is going on Monday morning, and I've already SAR'd them so I can match up figures later! :beagle:
    ------------------------------- merged -------------------------------
    the letter penned, or rather unceremoniously plagiarised from Tools is:

    Dear Sirs,

    I am writing to insist that you refund the penalty charges incurred on the above accounts since inception. These are listed as “Late Payment Charge” and “Exceeded 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.



    To accompany your refund, I require a full breakdown of the charges you are refunding and details of how you have determined the amount of refund, including the original amount charged, the date which they were unlawfully applied to my account and the amount of contractual interest you are paying for each refunded charge.

    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,
    Does it look okay?

    cheers

    Nesta
    Last edited by Nestadren; 13th November 2009, 23:49:PM. Reason: Automerged Doublepost

  • #2
    Re: Nesta v Barclaycard (Visa and MC)

    Here's my thoughts on the matter

    Try sending the letter off without quoting any figures at this stage and see what they offer.

    You may be surprised, if not one more letter should do the trick, ok you might not get the fastest turn around prize but you may get offered contractual interest instead of statutory.

    And yes send 2 letters one for each, it would be interesting to compare the results of the 2 for the sake of a stamp there should be no other downside.

    Good luck any way.
    The charges coming in to the banking industry every day will more than pay the banks total legal bill for the whole test case so why wouldn’t the Banks want to "ensure Justice at the highest level"

    Comment


    • #3
      Re: Nesta v Barclaycard (Visa and MC)

      I agree with Rob, do not give figures and yes, two separate letters, one for each account.
      Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

      IF WE HAVE HELPED YOU PLEASE CONSIDER UPGRADING TO VIP - click here

      Comment


      • #4
        Re: Nesta v Barclaycard (Visa and MC)

        2 it is then :tinysmile_grin_t:

        thanks for all the support guys n gals, much appreciated...

        Comment


        • #5
          Re: Nesta v Barclaycard (Visa and MC)

          Looking forward to hearing a great result very soon.

          Tuttsi

          Comment


          • #6
            Re: Nesta v Barclaycard (Visa and MC)

            2 letters in the mail today, both recorded delivery.

            So Tools... is today day one or tomorrow? and do we count saturday and sunday? :tinysmile_twink_t2:

            Comment


            • #7
              Re: Nesta v Barclaycard (Visa and MC)

              Today is day 1. And yes, Saturdays and Sundays count. Well they did with me anyway that's how come I didn't equal the record lol.
              Is no longer here

              Comment


              • #8
                Re: Nesta v Barclaycard (Visa and MC)

                In all honesty, I actually do hope that you or anyone beats my record.
                Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

                IF WE HAVE HELPED YOU PLEASE CONSIDER UPGRADING TO VIP - click here

                Comment


                • #9
                  Re: Nesta v Barclaycard (Visa and MC)

                  hehehe, me too :tung:

                  Letter for mastercard was confirmed as delivered on the 17th.
                  Letter for visa was having problems with the tracking number!

                  Comment


                  • #10
                    Re: Nesta v Barclaycard (Visa and MC)

                    Nest, I have added your threads to your signature as you asked, it should appear next time you post.
                    Last edited by Tools; 18th November 2009, 19:50:PM.
                    Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

                    IF WE HAVE HELPED YOU PLEASE CONSIDER UPGRADING TO VIP - click here

                    Comment


                    • #11
                      Re: Nesta v Barclaycard (Visa and MC)

                      thanks Tools!

                      No reply from Barclaycard yet, although it is only 6 days :beagle:

                      Comment


                      • #12
                        Re: Nesta v Barclaycard (Visa and MC)

                        I've lost the challenge Tools today is day 10!

                        I guess they had bigger fish to fry...

                        Never mind, they have 4 more days to respond within the 14 day limit. On the plus side the data has arrived so I can get on to totting up 6 months worth of charges :beagle:

                        Comment


                        • #13
                          Re: Nesta v Barclaycard (Visa and MC)

                          Hi Nesta

                          Any luck yet with your Barclaycard claim?

                          Tuttsi

                          Comment


                          • #14
                            Re: Nesta v Barclaycard (Visa and MC)

                            sorry Tuttsi, been busy with exams and stuff...

                            No reply at all from Barclaycard on either letter, so I'm following up with a full demand for the list of charges (the data request did come through).

                            It's going tomorrow, I'll post a copy once it's printed

                            Comment


                            • #15
                              Re: Nesta v Barclaycard (Visa and MC)

                              Letter to Barclaycard Visa:

                              Repayment of Penalty Charges Request - Letter before Action

                              Dear Sirs,


                              Further to my previous letter, to which you have not responded I am writing again to ask you to refund to me the penalty charges which you have added to my account over the last 6 years.

                              I believe these charges are unlawful at Common Law & Statute. This view is 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 Unfair Terms in consumer Contracts Regulations (UTCCRs) and therefore unlikely to be enforceable against consumers”

                              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.

                              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 made payable to xxx, the total amount of all charges incurred (which I calculate to be £1020.00)
                              plus any interest accrued at the contractual rate thereon. Any offer should include a detailed list of charges to be refunded and any interest calculations made. I attach an updated schedule of the charges which I am claiming with this letter.

                              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 ignore my request, or you do not respond positively within this time period, I shall commence a County Court claim against you and refer the matter directly to the Financial Ombudsman and Office of Fair Trading for further investigation.
                              hopefully this will do the trick! :santa1:

                              Nesta x
                              ------------------------------- merged -------------------------------
                              Same to Mastercard but for £816.00 plus contractual interest.

                              Nesta
                              Last edited by Nestadren; 15th December 2009, 20:57:PM. Reason: Automerged Doublepost

                              Comment

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