We shall fight them on the beaches...

[runningflush71]

I've read all the FAQs and I've spent a couple of evenings reading the forums. I'm claiming approximately £1500 back from Abbey and £500 from Barclaycard. My Data Protection Act letters are written and I'm ready to send them. I have two questions:

1. Does anyone recommend calling these companies first to announce my intentions or shall I just get on with it and send the Data Protection Act letters by Special Delivery? I'm getting mixed messages from the forums on this subject.

2. Mods, shall I just post updates of my claim on this thread or should I send you details of the claim to add to the litigation section? Or both?

Lastly, I just want to say that it is becoming increasingly uncommon to find examples of technology being used elegantly and effectively for the common good, helping people to do something they wouldn't ordinarily be able to do, and without exploiting them in the process. Outstanding job guys. 5% is yours if I win.

[Janet-M]

Hi and welcome

Glad to hear you have already read around before posting saves me for once not having to say it

1) waste of time phoning them first unless its only a one off charge you are asking for back. but its your claim so ulitimatley your decision.

2) post updates here then PM a mod with your claim details at the time. Can you also start a thread in barclay card forum for that claim

Thank you for your comments

[runningflush71]

I hope someone can give me a quick word of advice.

I finally sent off my Data Protection Act request at the beginning of July (after a delay caused printer problems and financial woes). I've received a letter saying that they are dealing with my request but that some of the information is on microfiche.

However, I have since found most of my statements and I only have a couple missing for the past six years so I'm not sure I want to wait around for them while they try to block the Data Protection Act process. I have a fairly accurate figure that I want to claim back and I'd like to get on with it.

What should my next course of action be? Should I wait until the 40 days are up? Should I hold out for the missing statements even if I don't need them? Or should I just send the LBA? What should my next letter be?

I guess what I really need to know is should I pursue them for the details of any manual intervention on my account so that it helps me in court - even though we all know that they don't manually intervene at all? The letter from them already states that they do not keep a record of all manual activity so is it really worth pursuing it?

Incidentally, the letter I got from them this morning was not like anything I've seen on this site before but I haven't trawled through it for a few weeks now.

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[Karnevil]

if you know the amounts then I would send the prelim letter.

manual intervention - i think the 'we dont hold records' bit is all you get from them so dont worry about that..

[carlyt123]

Completely agree with Karnevil.
If you know the amount then I wouldn't bother waiting for the statements and I would get my prelim out.
Manual intervention won't make any difference.
Carly

[runningflush71]

Thanks guys. I'll send the prelims to Abbey and Barclaycard on Monday and keep you posted.

[runningflush71]

Okay, I'm finally sending my prelim letters to Abbey (£2375.54) and Barclaycard (£858.62). I could do with a little reassurance as there are a lot of warnings on the site about people making silly mistakes.

I'm sending a standard prelim letter to each company, along with a schedule of charges (without the 8%). I never got the statements I asked for using the DPAs but I subsequently found nearly all my old statements anyway. The 40 day deadlines for the DPAs have expired but I don't think I'm going to pursue these, as per the advice on the forum.

I intend to send the prelims by registered post tomorrow and I'll keep everyone informed. Have I forgotten anything?

Lastly, has anyone actually gone to court yet with Abbey or Barclaycard? I spent a while trawling the threads but couldn't find anyone who had.

Thanks in advance.

[Karnevil]

RF - that sounds perfect to me.

Silly mistakes mainly are coming at claim time.....

You couldnt find anyone who had been to court - becuase there hasnt been anyone.

Best wishes - you're doing fine.

Karne
x

[Glenn UK]

Can I make a suggestion re not following up with the Data Protection Act non-complaince.

I am in a similar boat and for a while thought i wouldnt bother since i have estimated or have the data i need.

but then it occured to me, they have failed to comply with a bit of law. if the boot was on the other foot and you failed to comply with a bit of statue they were employing i suspect that generally they would follow it up.

In essence I am not suggesting you take them t court if you dont need to, but maybe register a complaint with the Information Commissioners Office.

Add a bit more weight to the number of complaints they have on these organisations.

The statutory 40 day period expires on my initial SARs today, i have sent out prelim or lbas but will still register compalints agains those who havent complied with the Subject Access Request whjere i dont need the data. where i do i will follow through with the action until i get what i need.

JMHO

Glenn

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[Karnevil]

Definately register a complaint with the Information Commissioners Office... It is only the court claim we are holding off on for the moment in light of the Information Commissioners Office's visit to Abbey and Oddfellows court hearing.

The Information Commissioners Office are only just dealing with complaints from the beginning of July so dont expect toomuch too soon - but it shows what weight they are under to do something.

Sept 11th hopefully we will have a decision.

Sharon
x

[runningflush71]

Thanks guys. I will lodge complaints with the Information Commissioner's office. But Sharon, I'm not sure what you meant by the following:

Originally Posted by karnevil

...It is only the court claim we are holding off on for the moment in light of the Information Commissioners Office's visit to Abbey and Oddfellows court hearing... ...Sept 11th hopefully we will have a decision.
x

Could you please elaborate?
Paul

[runningflush71]

Just an update:

I finally sent off my prelims on October 1. Abbey sent me a letter on the 16th offering me £715 as a gesture of good will and it appeared in my account 2 days later. Barclaycard sent me no letter but a £257 "refund" appeared on my last statement. I have written out my LBAs for the revised outstanding sums and I will be sending them by Special Delivery tomorrow, along with amended schedules of charges. I'll post an update in 14 days.

[runningflush71]

By the way, does anyone know how to change the title of my thread so I can mention the fact that I've had a refund?

Thanks in advance.

[runningflush71]

Please could someone give me some advice! I sent my LBAs out on November 1 last year to no avail. I have not filed my court claims yet, partly because I have been travelling a lot since then and partly because I have continued to incur charges and I wanted to wait until I was able to stem the tide. This has now happened, but should I send a new LBA with the revised figure or can I just file claims for the increased amount? I am worried that the court will reject my claim if I am asking for more than was mentioned in my original LBA. I don't want to blow this. What should I do? Thanks in advance.

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales