Barclaycard again

[slick132]

Hi Sally,

Letter looks good.

Can I suggest 1 change :-

"I enclosed the £10 statutory fee as required by law....."

[sallysas]

Thanks for that.

The court has sent my N1 back - with the change to fees I no longer qualify for remission. Now have to send them £30 fee. Oh bum - just got paid and short of money again. Never mind things are getting better - slowly, very slowly.............

They did make one slip though - sent me papers belonging to someone else. Data Protection violation methinks. Will send that back to them with covering letter as I don't know if I should send to claimant or defendant.

[slick132]

Hi Sally,

The papers must be sent back to the court for them to sort out.

Sorry to hear you no longer qualify for remission. Sort the fee asap and go get 'em.

[sallysas]

I'm treating myself to a day in town next Tuesday- CTC payday and I have the week off work. Good time to stock up the freezer with fish - ready for Christmas don't you know. Now will the sun shine?

[MARTIN3030]

Well the 30 quid can go on top of costs.

[sallysas]

Sending papers with fee back tomorrow due to finances getting a little better. Also letter going off to Barclaycard - do I hear someone there going 'sugar' on Wednesday?

Do hope it is going to be worth all this fuss in the long run. Course it will - with compound interest just one £10 charge going back 10 years will give a lot of interest.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[sallysas]

Just heard back from Barclaycard and then within the week from the court. They deny they hold more than 6 years of data and the court want me to fill in an AQ. I didn't get a copy of my N1 back from the court so I will chase this up tomorrow.

Devestated that the 2 founders are being sued for libal. What can one say - nothing - except to put our hands in our pockets. Hope this is over soon for the sake of them and their families.

[slick132]

Hi Sally,

Make sure you keep to the court's schedule re the AQ.

[sallysas]

Right, time to send AQ back. It seems to me there is very little I can add to the form except to bring to the courts attention the fact that Barclaycard were proposing to charge me for the statements so I will just submit relevant letters between me and them. Can I ask for additional costs as I had to write telling them not to charge me. Not making much sense am I - bit tired.....

I can't find it anywhere but am I right in thinking that Barclaycard have to prove the data has been distroyed. It's not difficult to see why banks would like the courts to take their word for it in advance of the test case is it?

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[slick132]

Hi Sally,

Are you seeking money from BC for their non-compliance.

[sallysas]

Yes - just £20 with the court fee of £30 on top so it would probably be cheeky asking for more on top as I have sent them a total of 3 letters. Anyway if I have to turn up in court maybe the judge will give me something for expenses off his/her own bat. Just being greedy now...........

[sallysas]

Have had communication from the courts suggesting mediation is suitable to resolve this and I have to reply within 7 days. Do I reject this as being unfair on me as an individual (we used to) or do I go for it. It still says mediation is free but is it? I do have copy of letter from this site rejecting mediation and the reasons why but I would welcome any thoughts on this matter. The order does also say that if the court has not been notified within 4 weeks that the matter has been settled a hearing date will be arranged.

[slick132]

Hi Sally,

I understood you have to pay for mediation.

As this is for Non-Compliance, there is nothing about which to mediate !!

See here - Mediation - a bad idea

[sallysas]

That'll teach me to foregt about MY thread. Thanks very much

[sallysas]

That was quick!!!!!

Handed in mediation rejection letter back (amended to make sense) last Friday and yesterday I get a letter from the court giving me a court date of 23/02/09. I just have to note the order from last month for directions for the hearing. There is a £25 fee to pay as well so I really do hope with the expense I am going to that they do have more that 6 years data.

[slick132]

Hi Sally,

Just read back through your thread. What period was covered by your 1st BC charges claim.

What period are you looking to reclaim for now.

[sallysas]

Happy New Year. My last claim was from August 2001 to 2005. I opened my account in 1996 so from 1996 to 2001 is the period I want statements for.

[slick132]

Hey Sally,

From wht I've sen personally and heard from others here, BC only started charging consistantly in 2000 or 2001.

Read here - Barclaycard charging earlier than they've admitted

I'd hate to see you going through all this only to find a few small charges which could fail because of the Limitations Act.

[sallysas]

Oops, forgot to get my bundle ready. I assume all I need are relevant letters between me and them. Nothing else is there? Thiis just about failure to comply with my Subject Access Request.

	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.

[slick132]

Hi Sally,

The Bundle should give you all you need but it needs to include copies of all relevant letters back and forth. Then 3 copies of the Bundle.

It may also be wise for you to be prepared to justify to the judge why you believe BC have a duty to provide data beyond 6 years. Not included in your Bundle, but ready for you to rely on if the judge, or BC's sol'r, suggests the normal 6 years should apply.

I know your case is about failure to comply and the Data Protection Act but you should brush up on the Limitations Act, 1980, s.32.