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Hi All
I have a barclaycard CC which originated as a Morgan Stanley CC and I want to claim back all late / penalty charges from Barclaycard including any from when it was an MS card. I have looked at the Tools letter and wanted to know how I should word it to include the previous Morgan Stanley Acc. number. Am I right in thinking that BC are now liable / responsible for the MS charges??
Will this letter do:
Barclaycard House
PO Box 5592
Northampton
NN4 1ZY
22nd December 2009
Account number: XXXXXXXXXXX / XXXXXXXXXXXX(originators acc. No.)
Dear Sirs,
I am writing to insist that you refund all of the penalty charges incurred on the above account since inception including all charges as a Morgan Stanley Gold card account number XXXXXXXXXXXXXX. 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(s) 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,
Help / comments please as I want to get this to them for Xmas! By the way, I have made SAR so Iam hoping to see wht is offred and then recliam any diffrence once I get the statements etc.
RRunner
I have a barclaycard CC which originated as a Morgan Stanley CC and I want to claim back all late / penalty charges from Barclaycard including any from when it was an MS card. I have looked at the Tools letter and wanted to know how I should word it to include the previous Morgan Stanley Acc. number. Am I right in thinking that BC are now liable / responsible for the MS charges??
Will this letter do:
Barclaycard House
PO Box 5592
Northampton
NN4 1ZY
22nd December 2009
Account number: XXXXXXXXXXX / XXXXXXXXXXXX(originators acc. No.)
Dear Sirs,
I am writing to insist that you refund all of the penalty charges incurred on the above account since inception including all charges as a Morgan Stanley Gold card account number XXXXXXXXXXXXXX. 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(s) 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,
Help / comments please as I want to get this to them for Xmas! By the way, I have made SAR so Iam hoping to see wht is offred and then recliam any diffrence once I get the statements etc.
RRunner
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