Johnfower v Barclaycard

[noomill060]

Dont give them your phone number-

Insist that all communications are by letter. That way you have a ready record of their nonsense and wont have to make off the cuff decisions. You can come here and get considered opinions to ponder on before responding.

[johnfower]

Latest update:

Nothing yet set in stone:

Im speaking to this rebecca lady from barclays legal team, they say they only have details of 11 charges out of the 18 (11 charges were on the statements till 2005, the rest are for the period where the statements were put onto "microfiche?"

Ive had to send her a copy of the 1 peice of Data Protection Act paper stating how many times ive been charged. Im now awaiting her to call back, but she seems eager to settle, and ive remided her i can turn up on court day with all the papers shes querying. Please forgive my bad spelling.

[johnfower]

Barclays have agreed to settle for an amount of £250.00. Basically they wouldnt pay up for the other 7 charges i was claiming for which i didnt have evidence to backup anyway, so they've agreed to pay the charges + legal fee + interest. Obviously i have agreed to their settlement letter but i crossed out the confidentiality clause.

	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.

[noomill060]

Its your decision. You can screw them for the rest when they do eventually provide you with the missing statements. Have you sent an official complaint to the Information Commissioner about Barclaycard's Data Protection Act non-compliance?

(It wont be long before the IM orders that the microfish agrument is a worthless red herring, if you have a complaint in the system, so your Subject Access Request will have to be complied with.)

	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.

[noomill060]

"they wouldnt pay up for the other 7 charges i was claiming for which i didnt have evidence to backup"

They really are running a scam, its obtaining money by deception. They make me sick.

[kenster666]

I have got a court date of 20th of December and Celyn Evans from the legal team rang me last week.

She wanted to settle on the same terms as yours so I have sent them this letter -

Dear Celyn Evans

Thank you for your offer of £495, but I must inform you that I will not be accepting this offer

I have repeatedly requested copies of the statements for the period between 1st of August 2000 to 30th of June 2004, that you failed to supply to me despite a formal written Subject Access Request under the Data Protection Act made on 23rd of June 2006, and have complained to the Information Commissioners Office regarding Barclaycard’s failure to comply within 40 days.

You must be aware that, following a visit to Barclaycard’s offices, the Information Commissioners Office has found that their archives are a relevant filing system and all statements should have been provided with the original Subject Access Request.

You will also be aware that the Information Commissioners Office found that by not supplying the information requested that it is likely Barclaycard have contravened the sixth data protection principle, as this requires data controllers to process personal data in accordance with data subjects' rights.

Until those statements are received, I am not in a position to access the exact amount due and will pursue the claim for no more than £5000 as I have been left with no other options.

It is in your best interest to refund, in full and with documented proof, the total amount of charges made between 1st of August 2000 to 31st of July 2006, the interest related to those charges, and the full amount of the court costs associated with the bringing of this case.

I would also like to point out that as there are only 20 days remaining until the court date, coupled with the fact that you have now had more than five months to provide me with my statements, it would be in both our interests for you to offer a more realistic settlement amount.

I can be contacted , on a without prejudice basis, on 07xxx xxxxxx.


Yours Faithfully

	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.

[noomill060]

sorry kenster,

"You must be aware that, following a visit to Barclaycard’s offices, the Information Commissioners Office has found that their archives are a relevant filing system and all statements should have been provided with the original Subject Access Request."

Not yet they havent, though of course its just a matter of time. I would keep your powder dry or rephrase this by refering to the IM's findings on the Abbey's microfish red herring.

	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.

[kenster666]

I got an email today with the Information Commissioners Office's decision that the Microfish is a relevant filing system.

I believe there is a copy of the email on the forum somewhere.

[noomill060]

My apologies kenster! This is excellent news! I'll have search for the microfish email!

(Excellent letter by the way!)

[kenster666]

Thanks.

Let's see what they make of that one.

I can't accept a full settlement if I don't know what the full amount is....

They know they are going to have to get my statements to me pretty quickly or else it's going to cost them!

[noomill060]

Heh! Heh!

johnfower- read this-

**Barclaycard & Microfiche - they are wrong - OFFICIAL**

and if you havent already- send an official complaint to the IM ASAP.

[johnfower]

Ive already claimed to the Information Commissioners Office, what use it did.