Charges send over limit so they charge me!

[slick132]

Hi Wilma,

There is a letter to send when they just send you the T&C's.

See here where I posted earlier today - Barclaycard stress help needed!

It's good to send separate letters, so you don't confuse the poor lambs, but send them in one envelope. Special Del'y is good, as is getting the free Certificate of Posting when using normal post.

They are all considered to be proof of posting which, in turn, is adequate to show receipt by the addressee.

[Wilma Shoozfit]

Ah Slick ever the font of good sound advice!!

I must admit the reponse that I have composed to their letter was a lot shorter and somewhat more acerbic. (If it isn't delivered the next day it will eat through the envelope).

I shall allow myself the weekend to mellow a little - then I'll probably take your sound advice ( But I liked my letter better! )

Wilma

[slick132]

Hi Wilma,

TBH, some of the templates we use can be a bit lengthy but I just use what's there.

Keep it simple but include all that's required. I tend to keep my letters polite and get criticised by others who think my letters aren't firm enough.

It's really up to you and if you want to be acerbic, you just go for it.

[Wilma Shoozfit]

Now you're just putting temptation in temptations way.

It's a polite(ish) letter in a Joyce Grenfell sort of way. With the odd acid drop thrown in, and 2 or 3 legal jargoned letters enclosed to be passed to the grown ups in the relevant departments, garnished with just a hint that there'll but no more money if they don't cough up with the right papers PDQ and not a word longer than 2 sylables in the whole thing.

Come Monday I shall probably bow to your wisdom - in the mean time the devil in me is clapping her hands with glee at the idea of sending it.

I'll let you know

[Wilma Shoozfit]

I was about to send my little pack of letters off today – only to find the Post Office shut when I got there – half day closing on a Wednesday!

However when I got home I had a fat envelope from BC – in response to my Subject Access Request.

Well that’s what it’s supposed to be.

This is the covering letter they sentSorry don’t have a scanner at home)

Dear Wilma

DATA PROTECTION ACT - Subject Access Request.

Further to your recent request for personal information held by Barclaycard, please find enclosed a copy of the card statements you have requested.

Statements held prior to May 2004 are stored on microfilm which is a means of storage that does not fall within the definition of “relevant filing system” under the Data Protection Act 1998(“the Act”) nor within the bounds of what we are obliged to provide in response to your data subject access request as set out ion the Information Commissioner’s Office website at www.Information Commissioners Office.gov.uk

The Information Commissioner has indicated his intention to amend this guidance. It is there as a gesture of goodwill to you, our customer, and in the light of this proposed change that we enclose copies of our pre May statements as you requested although we take a different view to the information Commissioner’s Office on whether these fall within the definition of “relevant filing system” as set out in the Act

This information we have enclosed relating to this account is all that we hold
Yours Sincerely
BC


All the pack contained was copy statements. Many of them – nil balance. That’s when I transferred the balance to a 0% card I think. There are no statements between Sept 06 and March 07. Then In April 2007 I have a magic brought forward balance on a different card number (This could be because my card was stolen along with my handbag in January 2007) but with no breakdown of how this is made up.
There is no CCA, nor any reference to the PPI (payments appear on the new card number) and no mention of any telephone calls – although I an only remember receiving one call from the body selling me PPI.

It looks like I’m going to have to revamp my “rubbish” CCA response and include a “rubbish” Subject Access Request response along with it or do I still keep them separate? And which letter do I send re the Subject Access Request please?

On the statements that I have there’s about £265.00 worth of charges that I could start claiming back – but I think I’ll hang fire until I’ve got the info for the details of the brought forward balance on the April 2007 statement – if I ever get it.

Wils

[slick132]

Hi Wilma,

The reality is that this is what you normally get in reply to an Subject Access Request.

You should keep the Subject Access Request and CCA responses separarate.

Do you think there are more BC state's showing transactions, but with a different a/c no?

The Subject Access Request response can be made up to suit your case, saying I've only rec'd state's for the period X to y but I know there was an a/c running, (with a different a/c no ?) from date a to b.

	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.

[Wilma Shoozfit]

There must be more statements as there is a six month gap iand somewhere in that gap the card number changes - On the original card in September 04 I had a credit balance of 10.94 The total transactions - not specified in Oct.04 are 10.94 bring the balance to nil there are then nil balance statements for this card number up to Sept 06. and the next statment is dated Mar 07 with a brought forward balance from last statment with a new card number. The change in card number is probably because my old card was stolen in January 07.and I phoned them to ask them to issue a new replacement card. Whch they did.
I have only ever had one visa account account and looking at the early statements I'd say it was opened in March/April 03 and and although I'm not sure I think it was an internet application, (I wouldn't cross my heart and hope to die on that one.)

[slick132]

Hi Wilma,

If you think there are more state's to come, for the same a/c, take a look here - http://www.consumeractiongroup.co.uk...n-act-non.html

Adapt as necessary to reflect your own case and, if you come across the other a/c nos., include them in the letter to help BC.

[Wilma Shoozfit]

Thanks Slick -I really appreciate your help in this
I've spent hours reading threads - My theory is getting good - but practice still scares the bejeezus out of me -

So back to the key board - CCA thingy letter tomorrow and Data Protection Act non compliance letter to go. Guess what I've even worked out the interest on my charges - 8%- not a fortune - but better off my balance than in their pockets.

Onwards & upwards

	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.

[Wilma Shoozfit]

Just a quick update:
I sent 4 letters of various complaints to Barclaycard - all in separate envelopes but in one big envelope so they could spread them about to the right departments. Probably over kill but it will be intersting to see what comes back

Today I got another letter- in answer to my initial request for a CCA. This came from a different department from the first. They thanked me for my £1.00 (YW) and sent me a photocopied sheet of terms and conditions from when, they say, I opened my account. Different to the first lot of T & C's but never the less just T & C's -

They might make a bigger effort when they get my influx of post!

[slick132]

Originally Posted by Wilma Shoozfit

They might make a bigger effort when they get my influx of post!

Don't hold ya breath !!

They seem to be sending out a lot of T&C's lately, but not many Credit Agreements.

[Wilma Shoozfit]

They seem to be going through their back catalogue of T & C's with me

Wonder which set I'll get in response to my last volley of letters.

Do I get a prize if I get 3 of a kind?

[Wilma Shoozfit]

Got an answer to my PPI query today - It is probably a standard but arrogant bogoff letter that they've tweaked. They apparently haven't read my first letter cancelling the policy as they state
"It is my understanding that you are claimimg the policy has been misold, your PPI has not been cancelled and therefore you will continue to pay premiums for the cover. Should I wish to cancel........

I will need to ponder on my answer as they haven't addressed my query and ignored my cancellation- but I will need to get the rest of the missing Subject Access Request documents before I can make my point.

Other than that - no news about the CCA

	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.

[Wilma Shoozfit]

Still no news about the CCA.

But I got a reply to the Subject Access Request non-compliance letter and this is what they have replied:

Quote”
Your query containing provision of statements has been forwarded to the appropriate area and they will contact you shortly.
If you wish to apply for information held under the Consumer Credit Act 1974, please write to us detailing your specific requirements. Upon receipt the requested details will be sent to you

(More blurb about their PPI letter – which was basically a bogoff letter)

Please note we do not record all telephone calls however if you are specifically trying to obtain telephone transcripts and are able to advise us of the particular day and time of the call we will be pleased to search our records and provide the information held”

Now is it me or are these people giving me the run around?

First I get 2 sets of T & C’s from different years in response to CCA request.
Then I get some of my statements but with 6 months missing.

It doesn’t look as though they actually take the time to read any of the letters I send.

Should I just make it short and sweet and ask them to send me copies of the documents they would attach to a County Court Summons if I stopped paying them?

[slick132]

Hi Wilma,

My advice would be to wait a week or so to see if they manage to come up with the state's you require.

It seems daft to keep firing letters off to them which they'll likely ignore or which will cross in the post with their reply.

If they still fail to respond, read up on enforcement - http://www.consumeractiongroup.co.uk...n-act-non.html

[Wilma Shoozfit]

Ok I'll let sleeping dogs lie for the moment - see what they come back with - they've still got a few weeks to comply.

The interest will just keep totting up on the charges they've made and if I get them back it'll be a job well done. It won't clear the bill but it will make it more manageable.

Then I'll start on CapOne

	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]

It's up to you Wilma, but why not get started with Cap1 now while it's quiet with BC.

[Wilma Shoozfit]

At first I thought - what if they both fall out with me and I don't have a credit card?

Then I remembered they're both full so I can't use them anyway

CapOne here I come........

[Wilma Shoozfit]

No further news from BC about missing statments or anything resembling a CCA but I did received my monthly statement.

Last month I paid enough to bring the card just under the credit limit + their estimated interest charges for this month. (Even though I have told them the account is in dispute for failing to supply the CCA so they shouldn't have charged me any interest {in my dreams}.)
In theory this month I should be under the credit limit even if only by a couple of pounds. But no. They're still charging me PPI even though I've cancelled it and charged me 12.00 because it put me over my limit.

These bodies are really beginning to tick me off now!

	Disputed account materials Follow this link to our library of materials to help you try to deal with the problems of defaults on disputed accounts. It is contrary to Information Commissioner guidelines and also contrary to the banking code to default disputed accounts. However, it happens all the 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.

[slick132]

Hi Wilma,

It's exasperating dealing with these people but I guess that's how they like to make it.

Don't let them wear you down or get away with this.

Complain that the PPI has been cancelled, that no int't or charges should be made as they are in default that you want a revised statement to reflect this within 14 days.