Itayn v Barclaycard

[Itayn]

I am in a similar situation and I am actually stuck.

I asked Barclays for my Barclaycard statements and they only provided statements from May 2004. They said the microfiche ones would cost £3 per statement. I took my case to court and they settled before the court date and agreed to give the statements free, but two months down the line they said they could not find the statements.

I was in a loop so I decided to file a refund claim in court based on charges from May 04-Oct 06 plus an estimate of the period prior to May 04.

At a recent allocation hearing the judge directed me to substantiate my numbers, within the next 3 weeks, something which I can't because they are estimates. The judge seemed more sympathetic to Barclays and told me I still had to prove the numbers.

It seems Barclays have found themselves a convenient way to stop paying. Don't give the statements and the claimant cannot prove their case.

Just be careful you could end up in the same situation and i think someone should help close that loophole.

[alanfromderby]

The judge is correct that it is your responsibility to prove your case, and I am rather concerned that the judge did not order disclosure. Did you ask for the directions as per the Bank Template Library.

You say that you "took your case to court", and they "settled before the court date". What was this court claim for, and in what way did they settle?

If this was an action under the Data Protection Act, then they have clearly not settled. In which case, what stage is that action at?

If it is still live, you may need to consider joining the claims together on the basis that they are relating to the same causes of action.

It would help if you could post the full history of this claim.

[Itayn]

The judge was making his own orders in all the 12 cases so he did not take my draft directions. He did not take Barclays' proposed directions either.

In my first court claim I applied to the County Court for an order to enforce compliance with Sect. 7 of Data Protection Act, together with damages of about £50. A few days before the court date they wrote to me promising to provide the statements and the £50 and in return asking me to drop the case. That is the 'settled' I was talking about, but I wrote to the court telling them that Barclays had offered to settle and therefore no further action was necessary. I also attached Barclays' offer letter.

I pointed all that out to the judge but he was of the view that Barclays do not have the information so that had nothing to do the current case.

The full history is;

9/10/06 Initial S.A.R - (Subject Access Request)
17/10/06 Received stats from May 2004-Date,to pay £3 for prior ones
18/10/06 Wrote back stating Data Protection Act covers microfiche
18/10/06 Wrote another letter- intial refund request based on an estimated amount.
04/12/06 Got a refund of £300 and they couldn't offer any more.
12/12/06 Started my court claim for S.A.R - (Subject Access Request)
12/01/07 Defence filed. Hearing on 27/02
29/01/07 Received Barclaycard offer
30/01/07 Accepted offer and wrote to court to advise them.
14/02/07 Received letter from Information Commissioners Office- Supporting my case.

14/03/07 Second court claim- refund of charges
26/03/07 Barclays defend the claim
Week ending 27/07 went to court and the outcome above. Allocation Hearing has been adjourned for a month pending provision of details ordered in the directions.

I was thinking of bringing back my first claim to court saying that Barclays have failed to provide me with my data and claim compensation for the costs involved in the second case. Is that feasible?

The judge mentioned something about my case being viewed on balance of probabilities in arguments with the Barclays solicitor. Is there any way I can convince the judge based on balance of probabilities?

ps- The judge 'encouraged' Barclays to settle all the 12 cases before the next allocation hearing. How can I also convince Barclays to settle- in terms of the legal options open to me.

[alanfromderby]

I would consider reinstating the Data Protection Claim, and asking that it be consolidated with the main claim. Of course there is now a strong possibility that the claim will be stayed anyway - however, until that happens you must assume that the claim is ongoing.

If they have "lost" the documents, then I would have thought you could claim compensation for their breach of one of the fundamental principles of the Data Protection Act, in that they must process your data in a secure manner.

I would say that the compensation should be based on consequential loss - ie, an estimated value of that part of your claim - but that is purely my opinion, and not based on any legal training.

Certainly you need to seek the advice of others on this.

[Brad Smith]

sorry to butt in Alan, but are they "staying" credit card claims too? I thought it was just bank accounts

[alanfromderby]

Thanks for pointing that out - however, personally, I am of the opinion that CC claims will be stayed as well since the claim is still based on the contractual penalties argument. Again, I may be wrong.

The important thing though, with all claims, is that claimants continue until they hear something from the court.

[Itayn]

Thanks a lot. I will speak to Barclays this week.

You mentioned somthing about consolidating my claims, do you know how I can go about doing this?

[alanfromderby]

Once the case is reinstated you can write to the court and ask that they are combined as both claims have the same parties, and are in relation to the same causes of action.

[LS123]

I thought that the OFT had already ruled on credit card charges - what would be the point of staying those claims?

[Itayn]

I rang the local court today and they advised me to complete a Form N244 to reinstate my previous claim. From reading court leaflet EX321 it appears this form is for someone who has already had a judgement and not for a situation like mine.

I need some help just to be sure I am in the right track.