Parkes V Barclaycard

[superam]

Sent Off Data Protection Act Today, Keep You All Informed.

[Bookworm]

Good luck.

[superam]

Not heard a thing yet.

[superam]

Recieved my statements today. Only 2 years worth with the standard garb about the rest not being held on computer, but you can have them for £3 a go.
Only £240 charges on the first 2 years which surprised me a bit, so what i've done is issued letter 2 and have given them an oppotunity to refund the last 2 years as full and final payment within 14 days or i shall proceed to court action for the full amount which i calculate at £360 + court costs.

	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.

[superam]

Had standard letter from them today, no offer. Sent LBA, but claimed £360 back.Has my last post said, i've been charged £240 in last 2 years, but as the've refused to send me the ist years detailsand want to charge me £3 a copy which i wont do, i've estimated them at £120.Will i leave my self open to be challenge if i persue that amount?
Look forward to your replys. THANKS ALAN

	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

[superam]

no responce

[Janet-M]

The reason this was not answered is because it has been answered many times on the forum.Can you please use the search facility before asking questions to make sure they have not already been answered .This is not to be awkward with you but it is very importnant that you fully understand what you are undertaking and do the ground work yourself.

[superam]

Sorry i didnt mean no responce from you guys, meant from Barclaycard. Dont worry, i spend plenty of time viewing this web site.

[fergal71]

hi not sure if this is the right way to go but I requested 6 years from barclaycard and got 2 years, i worked out how much they had charged me in 2 years and multiplied by 3. here is the prelim letter i sent, i assumed if they where to argue and wanted to go to court then they would have to provide the six years information anyway as they had breached Data Protection Act, and I would be happy if it was less as long as it was what i had been charged. I highlighted that it was estimate due to lack of statements they were able to provide.... maybe moderator can see if this is a good way to go I will keep you up to date LBA due out on 7th june....then moneyclaim 14 days later.... DONT MIND TELLING JUDGE IT WAS ESTIMATE AS BARCLAYCARD DISREGARDED THE Data Protection Act 1998...


Customer complaints department
Barclaycard
1234 Pavilion Drive
Northampton
NN4 7SG

24/05/06

Dear Sir/Madam,

CARD/ACCOUNT NUMBER:

I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges are unlawful at Common Law, Statute and recent Consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

*I estimate that you have taken £1680 plus £134.40 which you have charged me in interest for the sums which you have taken. Total £1814.40
Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

*The reason I am estimating these charges is that you say you can only provide 2years information (may 04 until may 06) under the data protection act. I find this to be untrue and unlawful and a separate letter will be sent to the information commissioner to report these actions. I am willing to be advised if this amount is incorrect of the true amount, once this information is received and then can be adjusted accordingly.

In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

Yours faithfully,

	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

	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.

[superam]

Just phoned them to give them a chance to resolve this before going to moneyclaim but they were'nt interested so court action proceeds tommorrow.