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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
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
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,
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,
cheers
Nesta
today is day 10!
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