Help required Reclaiming unfair charges from Barclaycard

[emma123]

Hi guys, need a little help please.
Can I reclaim from Barclaycard the unfair charges that are more than 6 years old? is it possible to make a claim for unfair charges by claiming under s32(1)(c) Limitations Act 1980?
I have already sent off SAR and received a back statements but there only 6 years old, im in hardship as im on Incapacity benefit and being taken to court by a DCA for an old Barclaycard acc.
I have put in a ppi claim to as i believe it was mis sold to me.
Thanks

I had 2 x old Barclaycard accounts, first one was BC, second one was originally Morgan stanley 3rd account is still with them now, it was originally Egg card but that has not been sold.

[Ruby]

Re: Help required Reclaiming unfair charges from Barclaycard

Barclaycard are usually good at refunding charges however I have recently been through the FOS to get back charges from MBNA and was told I can't get them back as the charges are more than six years old. A letter to Barclaycard won't do any harm. You don't have anything to lose. The old saying "if you don't ask you don't get". Good luck.

Are you actually been taken to court by the DCA or are being threatened to? BIG difference. Put in your claim for PPI without delay ....

[Bill-K]

Re: Help required Reclaiming unfair charges from Barclaycard

I agree with Ruby - get the PPI claims in ASAP. I'm not too good on the legalities, and really should read up on the Limitations Act again, but my interpretation of the LA is that it gives us 6 years FROM the time at which we could reasonably be expected to have discovered the unlawfulness of the charges in which to make a claim. I believe this 'moment in time' is generally taken as the date of publication of the OFT's report into the fairness of bank charges - or the Supreme Court hearing into them. If I'm wrong, then I hope someone will clarify this, but I think all this was around 2009-2010. If that's the case, there is still 3 years left in which to make a claim, as the LA clock has only been ticking for 3 years or so.

The problem then is that, unless YOU have sufficient evidence of charges older than 6 years, it will be difficult to claim them, because the banks generally (allegedly) destroy all data older than 6 years - so it would be your word against theirs.

However, it may be possible to reclaim these charges if you can reclaim mis-sold PPI - and THEN demonstrate that these charges would not have been made if you had not been having to pay for the PPI. This involves a fair bit of work with spreadsheets, though, as the account(s) would have to be theoretically 'reconstructed' to show this, and you will need very comprehensive records of your account transactions and balances. FWIW, I know there is one such claim awaiting an FOS decision on exactly this. I believe it should be upheld because the FSA rules on PPI Redress state in DISP APP 3.7.2 :- " Where the firm concludes that the complainant would not have bought the payment protection contract he bought, and the firm is not using the alternative approach to redress (set out in DISP App 3.7.7 E to 3.7.15 E) or other appropriate redress (see DISP App 3.8), the firm should, as far as practicable, put the complainant in the position he would have been if he had not bought any payment protection contract." {my emphasis added}

[emma123]

Re: Help required Reclaiming unfair charges from Barclaycard

Thanks for the response.
Yes I am being taken to court for a an old Barclay card that was sold on, they have issued a claim against me so if im entitled to ppi it will help.
I am also going to claim unfair late fees over limit charges but wanted to know if it was possible for more than 6 years, i mean im being taken to court for money they say i owe for the same time period so if they dont keep the statements how can they come to that conclusion?

I seen a thread on CAG where someone won after claiming under s32(1)(c) Limitations Act 1980, it was recent to, but i think they may have had the statements which i sadly dont.

I think with ppi i can claim from when the account opened, well ill know soon enough i suppose.
thanks for your responses

[shell]

Re: Help required Reclaiming unfair charges from Barclaycard

You say this card was over 6 years ago? Have you paid anything towards this card in the last six years, or five years if you are in Scotland?

[Bill-K]

Re: Help required Reclaiming unfair charges from Barclaycard

Good point, Shell. I assumed you had paid during the past 5/6 years, but shouldn't have done.

With PPI, it has been possible to claim for estimated amounts, where there are little or no records. If you have 6 years of such records, and you know when you took out the cards (a CCA s.77-79 request should get this info - and also put the DCA on notice that they WILL need the ORIGINAL agreements if they are to pursue you lawfully) - then it should be possible to make a 'regression' calculation and estimate earlier PPI. But not penalty charges, I suspect.

[emma123]

Re: Help required Reclaiming unfair charges from Barclaycard

Yes i have, so its not statued barred.
Thanks

[Ruby]

Re: Help required Reclaiming unfair charges from Barclaycard

I take it you have SAR'd Barclaycard and they have sent you a signed CCA with the correct T &C's?

[emma123]

Re: Help required Reclaiming unfair charges from Barclaycard

they sent me an application form but cant see the T &C's, filled a holding defence for now on advice of other members because i have no docs as yet.

[Ruby]

Re: Help required Reclaiming unfair charges from Barclaycard

Emma, to be honest I am really surprised that a DCA is taking you to court. Who are they? No CCA, only application form. Are the DCA aware if this? something smells very fishy!

[emma123]

Re: Help required Reclaiming unfair charges from Barclaycard

Hi Ruby
They definitely are taking me to court, got a thread in vip about it.
With regards to the claiming back unfair charges, Barclay card done it whilst i was on the phone about the ppi claim, they said we will just do it now, and put it through as hardship case, whether i get anything back is another story, not that i will see any money but at least it may knock something of my accounts.

[emma123]

Re: Help required Reclaiming unfair charges from Barclaycard

Thats me sent all 3 claims into Barclaycard, dont hold out much hope, think Barclaycard are blanking a lot of ppi reclaims and it may have to Go to FSO, fingers crossed they may pay out. god knows i need it to reduce my balances on my accounts.

[emma123]

Re: Help required Reclaiming unfair charges from Barclaycard

Hi guys, got a standard knock back from Barclay card for the first claim today, they said they were sure there advisor would have advised me correctly yeah right, like they played fair with the Libor rates, lol
Anywhere I can take it now?
Thanks

[Bill-K]

Re: Help required Reclaiming unfair charges from Barclaycard

YEah, right - that's what they all say, innit ? Just "being sure" their advisor acted correctly isn't enough - particularly in the light of the recent LIBOR scandal, as you imply ! I think that, where your account of the selling method and Barclays accounts differ, the FOS must take your account as being the most likely, on the balance of probability - considering Barclays admitted fraud.

It looks like the next step may be to show them that you are getting 'clued up.' My suggestion would be that you write to tehem telling them that you "have been taking advice on this matter." Then quote them a few relevant PPI complaint redress guidelines from the FSA Handbook on PPI Redress contained within Policy Statement PS 10/12:


DISP APP 3.2.2 The firm should seek to establish the true substance of the complaint, rather than taking a narrow interpretation of the issues raised, and should not focus solely on the specific expression of the complaint. This is likely to require an approach to complaint handling that seeks to clarify the nature of the complaint.


DISP APP 3.2.7 The firm should consider all of its sales of payment protection contracts to the complainant in respect of re-financed loans that were rolled up into the loan covered by the payment protection contract that is the subject of the complaint. The firm should consider the cumulative financial impact on the complainant of any previous breaches or failings in those sales.


DISP APP 3.3.1 Where a complaint is made, the firm should assess the complaint fairly, giving appropriate weight and balanced consideration to all available evidence, including what the complainant says and other information about the sale that the firm identifies. The firm is not expected automatically to assume that there has been a breach or failing.


DISP APP 3.3.2 The firm should not rely solely on the detail within the wording of a policy's terms and conditions to reject what a complainant recalls was said during the sale.


DISP APP 3.3.3 The firm should recognise that oral evidence may be sufficient evidence and not dismiss evidence from the complainant solely because it is not supported by documentary proof. The firm should take account of a complainant's limited ability fully to articulate his complaint or to explain his actions or decisions made at the time of the sale.


DISP APP 3.3.4 Where the complainant's account of events conflicts with the firm's own records or leaves doubt, the firm should assess the reliability of the complainant's account fairly and in good faith. The firm should make all reasonable efforts (including by contact with the complainant where necessary) to clarify ambiguous issues or conflicts of evidence before making any finding against the complainant.


DISP APP 3.3.5 The firm should not reject a complainant's account of events solely on the basis that the complainant signed documentation relevant to the purchase of the policy.


DISP APP 3.3.9 In determining a particular complaint, the firm should (unless there are reasons not to because of the quality and plausibility of the respective evidence) give more weight to any specific evidence of what happened during the sale (including any relevant documentation and oral testimony) than to general evidence of selling practices at the time (such as training, instructions or sales scripts or relevant audit or compliance reports on those practices).


[My emphases added]

Hope this helps, Emma.

[emma123]

Re: Help required Reclaiming unfair charges from Barclaycard

Thanks bill, on my mobile phone at present, when my brothers fixes the laptop ill draft a response and see what Barclays say.would it be an idea to state that Barclays admited fraud with regards to libor rates lol or will that get there back up?