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.

[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?

[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.

[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.