Barclaycard again

[sallysas]

Some time has gone by since I successfully claimed against Barclaycard and this time I think I will send a CCA request. My question is can I still claim the charges back with compound interest (once I've sent off Subject Access Request letter for ALL data) if they fail to send me copy of agreement. Must have another cuppa, maybe I'll be on the ball then............:rolleyes :

	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.

	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]

I'm really not with it. Where can I find the relevant letter requesting CCA?

[honey5]

in here letter N
i think we're all having one of those days

Creditors and DCAs - Letter Templates & Budget Planner


good luck
honey x

[sallysas]

Thanks very much - would you believe I found it myself in just that place a few minutes ago. Is it really worth sending request off to Barclaycard though and if they fail to provide this information can I really inform them that debt is uninforceable as well as claiming my charges back? How would the courts view this especially as I am going for compound interest this time?

	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.

[honey5]

im just starting my claim with them, and had a letter back this morning (quite polite too :o ) telling me that they will be back in contact with the agreement within the next 7~10 days
honey x

[sallysas]

I'm forming a dangerous plan (mentally) about seeing if I was missold a PPI (I had no earned income when I was given a cc account) and I think you can ask for a cca within the same letter. If I go down this dual route - and also claiming compound interest when I get the information that will be something.

Just a reminder to anyone that reads this that you can only send a cca request if you still owe them money. I have a few accounts that still applies too..............

Honey, how long have you been waiting. Love the name by the way - is it real?

	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.

[slick132]

Hi Sallysas,

If you CCA them with a view to the debt being unenforceable, you cannot expect BC to repay penalty chgs back to you direct.Any refund of penalties will be refunded to the a/c to reduce the overall debt to BC.

It is then up to you whether you continue to honour the debt and pay BC, or not.

Similarly, any refund due to mis-sold PPI can be off-set against the BC a/c or any other Barclays debt which you may have.

[sallysas]

What a common sense reply. Thank you very much. I am quite happy to send off Subject Access Request to get old data from them and claim compound interest. Going through a difficult patch at work which is affecting me mentally (well that's my excuse).

Been a long time since I saw your avatar, hope you are keeping well

	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.

	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.

[slick132]

Very well thanks Sally.

Go with the Subject Access Request just now then, and you can always go for the CCA request if you feel the urge or need

	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.

[sallysas]

Feeling a bit flush (before we go on strike next week) so sending off my S.A.R - (Subject Access Request). Does anyone have any idea how far back they go back with their information as I have a vague idea this account is more than 10 years old. Or if I look on barclays forum perhaps that will give me the info.

I was right - 12 years according to zootscoot last year

	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,

Put the date or year the a/c was opened if you know it so they know to dig back for state's.

Have you seen this from BC Stickies Barclaycard & Microfiche - they are wrong - OFFICIAL

[sallysas]

I did thanks. Last time I asked for info they did send me the full 6 years as they had just been criticized for failure to deliver. Lets hope they don't play their faces this year. When it comes to filing my N1 I will refer to Sempra naturally. Wonder how long it will be before they find a way round that one.

[sallysas]

Data arrived a month ago but guess what - only back to 2002. Will threaten them with Information Commissioners Office. As near as I can remember opened this account back in '96. 12 years then - just as far back as Zootscoot says ................

[slick132]

Hi Sally,

Thought I'd add that BC only started charging during 1999. There's been some debate about this but June '99 was the first time I was chgd. Some say it wasn't until a year or so later but I have a state't to prove it.

[sallysas]

Thanks for that. Hard to believe there was a time when they didn't charge.

[sallysas]

Sending off non-compliance letter rejecting their assertion that prior to 2004 data is not subject to Data Protection Act 1998. Humbug.

[sallysas]

Spent the last few months being given the runaround by Barclaycard. They did send me 2 letters asking for time to send me statements which I was happy to wait for as I had other irons in the CAG fire - but this week I have only received duplicates - AGAIN - so while I was at court yesterday I filed for non-disclosure and 'cos I'm so fed up with them I asked for £20 as damages which seems fair to me. If I end up completing a court bundle at least I will have enough copies................

[slick132]

Slight update - they have been charging since earlier than I stated earlier.

See this Sticky - Barclaycard charging earlier than they've admitted

[sallysas]

That's very interesting thanks very much - I just need my data now then.........

[sallysas]

Received duplicate statements again but this time they have added this paragraph:-

As mentioned in the Barclaycard terms and conditions, we'll apply an administration charge of £3.00 for each copy to your account.

I intend to send the following off.

Dear Barclaycard

I am in receipt of the copy statements you posted to me on xx/xx/xxxx but am perplexed at your assertion that you intend to charge £3.00 for each copy. In my Subject Access Request of xx/xx/xxxx I asked you to provide me with a list of transactions and charges for the whole of my banking history with your organisation. I stated that a set of statements would be acceptable - I did not ask for these specifically. I enclosed the £10 statutory fee as requested by law which has been cashed by your organisation.

I had cause to write to you again on xx June 2008 as the data you supplied was incomplete. I advised you that failure to comply with my request under the Data Protection Act 1998 would result in my filing for non-compliance. Your organisation then requested additional time to deal with my request which did not seem unreasonable to me at that time.

You may be unaware that I have now filed for non-compliance at my local county court as you have failed to respond positively to my request and have over the last few weeks continued to send me duplicated data despite the omissions I made you aware of back in June.

I now require you to cancel the administration charges you have added to my account and to provide confirmation of this fact within the next 14 days as failure to correct this error will be brought to the attention of the court.

I trust this makes my position absolutely clear.

Yours faithfully

It's a bit wordy but does anyone think it will do. Muppetts!!!!!!

	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

	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.