BARCLAYCARD Round 2

[skintboy69]

Having recovered all charges + 8% from these guys for wifey I have now started on my own.

BC responded surprisingly quickly to my Subject Access Request and sent all the info they had going back to 2002 which is when the account was opened. They did point out to me that their microfilm stuff (ie pre 2004) was not 'defined as a relevent filing system' so far as the 1998 data protection act is concerned and that they only dug it out and sent it to me as a favour. Nice, hey??

Well, I have sent my preliminary request and SOC - in fact, 2. one @29.9% and 1 @ 8% (compound) and basically told them to pay the smaller by return and by cheque, or I'll see them in court for the larger.

In general terms, is one considered to be short in the 'bottle' department for accepting anything less than CCI??

Keep the faith, T.

	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 Skint,

Not many peeps go for the higher rates of interest, probably for several reasons.

I set these out in post #2 of your other thread - Let Battle Commence **WON**

The reward, if you're succesful, are considerably higher than a "simple" reclaim, but it's a longer and harder fight and you'll have to pay for the various stages of the court process. You can claim this back, of course.

Take a good read of this thread, where Noomill is helping Brindles - morgan stanley or barclaycard

	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.

[skintboy69]

Good morning Slick. Yes, I know the pros and conns and 8% is definitley the easier road.

When I first found this excellent site about 18 months ago there were quite a few posts saying, more or less, if you don't go for your full entitlement ie CCI, the banks etc. would think you didn't know what you were doing and would be less inclined to settle.

It seems to me that the game has changed somewhat over the last 12 months and I was interested to see what current practice is.

As for me, even if I don't recover another penny from the various institutions that have taken charges from me over the years (and I don't think that likely ) I can honestly say that this site has changed my life. It has taught me that banks can't just do what they want to you. It has taught me how to fight back and it has given me the motivation to re-organise my finances. I'm still skint, but I'm getting there. I don't jump every time the phone rings and I don't hide unopened mail because I'm too scared to see what's inside. I did 18 months ago.

Keep the faith.
T.

[slick132]

Hi Skint and thanks for the inspiring post - this is what CAG is all about!!

I can't speak about other institutions but, with BC, it seems they are now quite happy and quick to settle after maybe one or two refusals.

They even throw in an 8% bonus which really is a goodwill gesture.

They are doing this because they know they would fail in court and because they are saving a lot compared to paying interest in restitution or at the contractual rate.

	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.

[scatz1972]

BC are paying out very fast at the moment, I sent my Prelim on the 22nd Oct, on the 3rd I had a partial offer which I refused and sent LBA and they paid out in full on the 8th November.

So from Prelim to payout was 17 days in total.

I only went for the charges and they added 8% on top.

Good Luck

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[MandyLou66]

Hi Scatz! Did you have any over limit charges and if so did you claim them back?Have just received my husbands Subject Access Request from Barclaycard and because of the payment protection he is constantly over the limit resulting in a £12 over credit limit charge.Any help welcomed with open arms1RegardsML

	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.

[skintboy69]

Hi Mandylou. I have overlimit and late payments both on mine and my wife's. You can claim both back. they have already settled my wife's in full.

Cheers, T.

[MandyLou66]

Thanks Skint boy will go for both.Regard ML

[slick132]

Hi MandyLou,

Start yourself a thread in this forum and we'll be happy to help as required.

As well as reclaiming the BC charges, have a think about whether the PPI was agreed to properly when taken out, and whether it's really required now.

[MandyLou66]

Thank you Slick will start my own Barclaycard thread as advised.Regards ML

[skintboy69]

Gesture of goodwill letter arrived today. it was processed 2 days after they received by claim.

My rejection letter is aready written and ready to go. They have about a week to come up with the full amount. Otherwise, I'll have to dust off my wig (if you know what I mean).

Keep the faith.

T.

[slick132]

Hi Skint,

I assume they only offered a partial refund.

[skintboy69]

As ever, Slick, but they will have my rejection tomorrow or Monday.

They still have 6 days to accept the 8% claim in full. If they don't, it's off to court for the full 29.9%.

They've had fair chance to save themselves a few bob, in fact I spelled it out in words of one syllable but when the 6 days are up, they're up.

Keep the faith.

T.

[skintboy69]

Their time is up. I've heard nothing from them since their 'gesture of goodwill'. I posted the rejection letter last weekend and the 14 days I gave them has expired.

They will, therefore, receive from Santa (aka skintboy69 ) an LBA for all charges + CCI. They have been warned!!!!!

Wish me luck; I might go down in flames .

Keep the faith.

T.

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[MandyLou66]

You Go Guy!! Am expecting my 'goodwill offer' by the 17th!Regards ML

[skintboy69]

Quick update.

Today I received their response to my rejection letter. In it they give the usual c*#p and say I will have the results of their 'investigation' by 8th January.

Happily for me (but unhappily for them) they received my LBA today as well.

In it, I had advised them that the deadline for accepting my 8% deal was passed and it was now, so to speak, the full monty.

To add to their misery, their 14days to reflect expires before 8th Jan. I wonder what they'll do.

I wonder what I'll do.


Keep the faith.

Best wishes to all.

T.

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[slick132]

So have you enclosed an SOC specifying the full amount of int't which you are now claiming.

[noomill060]

Go get 'em.

"Take no prisoners, kill them all, the Lord will know his own."


Oliver Cromwell - Lord Protector of England.

(or was it Charlemagne, Holy Roman Emporor?)

[skintboy69]

Hi Slick.

Yes I have. As I said in an earlier post, when I sent my original prelim. I sent 2 soc's. one @ 8% and one @ 29.9%

I gave them a fair choice. Either pay in full at 8% within 14 days or I would file my claim with the county court for the full 29.9%. I made it perfectly clear that the 8% offer was only open for 14 days and that I made them this offer to facilitate a quick settlement at minimum cost to both parties.

As usual, they have chosen to faf around with a rediculous gesture of goodwill. I wrote back rejecting that and reminded them that they still had a few days to pay up.

Again, they chose to ignore it so I sent a LBA + SOC at the end of the 14 days.

I have since received another letter from them - a different department though, saying I would have their response by 8th. Jan. This is obviously a response to my rejection letter, because it was posted the day I posted my LBA. The 14 days grace given in my LBA runs out before 8th Jan. so I'm wondering how they will react.

Any thoughts??

T.

	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

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[skintboy69]

Yo Noomill.

That's the plan. Thanks for the encouragement.


'Exterminate them.. Exterminate them'

( The Daleks - Masters of the Universe)