Dpa sent 24.4 Barclaycard

[rogerebaker]

one of nine actions taken on behalf of kids

This one to Barclay card

[johnfower]

Just as a note: Barclaycard are well known for cashing the Data Protection Act cheque onto your Barclaycard balance instead of using it for the Data Protection Act request. Id check your balance to see if theyve done this.

[rogerebaker]

Statements back to May 2004 arrived on Saturday. Usual letter about the microfishe. There was also a very large computer printout regarding the complete account history. It is a bit confusing but interesting. Hidden on one of the pages it states the number of missed payments and the number of times over the limit during the account history.

My first approach for payment will be based on this number X by £20

I will also continue with the Subject Access Request for the missing years and add that to the summons if they do not comply

	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.

[rogerebaker]

Change of title

[BlueRuby]

Roger, where on the printout were the hidden details about late payments & overlimit charges etc? I can't find anything like that on the printout they sent my son. What was the heading on the section sheet?

[rogerebaker]

I had two sets of prfintouts one for each of my sons.

On one of them it is on the bottom of page four under heading Cardholder / account details

It has a sub heading Months overlimit and then a number

Then just underneath about 3 lines further down it has number of times one payment missed


On the second sons printout it has the same info about Months overlimit and missed payments but in missed payments it has 0 having looked at ther statements I have he has deffinately missed some payments so I havnt worked out why it says 0.

I havnt had a great deal of time to study it in detail which I will do tomorrow and try and make some sense of it.

Ill let you know if I can deciphere it in more detail

[BlueRuby]

Thanks Roger. I KNOW my son was overlimit and late with payment many many times so I think I may have to follow Bookworm's route and make something up to try and force their hand!

[rogerebaker]

Having examined the print out all day it makes no sense at all. In fact it bears no resembalance to the statements that I have from May 2004.

I may sit on these for a few days and hopefully the Data Protection Act issue with Barclaycard will be sorted.

[johnfower]

Hows your claim going?

[rogerebaker]

Ive got three others at the Money claim stage so Im holding off on this one for a while.

It gets surprisingly busy once it gets going.

Im rather hoping someone will have made Barclaycard disclose statements before May 2004 before I start on this claim, make life a little easier

[johnfower]

Just to let you know, i have started a claim against Barclaycard (~i have my own thread), they refused to send all statements and i have therefore started a claim against them for estimated interest and included in my claim that Barclaycard failed to send all information under the Data Protection Act request.

Its now up to them to correct the amount/provide the statements, so hopefully i would of forced them to send the statements or to confirm the actual charge amounts. Am sure you could do the same.

	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.

[rogerebaker]

LBA sent to barclaycard 13.7.06. Only covers charges from May 2004 560GBP. When they have kindly returned these charges I will use some of the money to pay for the pre 2004 statements. Make another claim and include the 3quid per statement as costs.

This seems the least troublesome route and it can all be done via MCOL. Potentially I could lose about 100 GBP getting the statements but Im about 2 grand up at the moment and feeling lucky.

	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

[rogerebaker]

Barclay cards only response to the LBA was a default letter received today.

MCOL completed for just short of 600 Quid. This only covers from May 2004. I expect at least that again when This is won and I pay for the remainder of statements

Letter to Barclay card reminding them of S13 / 6 of Banking Code re defaulting accounts in dispute

	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

	The Banking Code Follow this link to read the Banking Code in full. Ofen ignored by its subscribers, half-heartedly monitored and poorly enforced

[rogerebaker]

Getting a letter a day from Barclaycard at the moment. Several apologising about the delay in dealing with my complaint about threatening to default an account in dispute. I can bearly be bothered to open them they contain so much rubbish.

Received barclaycards defence and AQ today

same old Mr Jeremiah

Hes gonna be sick off me by Christmas

3 ongoing with Barclays and one settled !!

	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

[rogerebaker]

Barclays defended and AQ completed and sent in.

They have very kindly credited the account with 260.00 without any mention of it being in settlement just being the difference between 12.00 and 20.00

They gave me no choice of accepting it or not just credited the account.

I think I will write to the court stating the claim has been part settled but the case for the rest goes on.

Re the microfishe issue. I will write to Barclaycard and remind them that in light of the decision re Abbeys microfishe best they coff up with the missing 2 years ASAP.

	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

[blackd2103]

I've also gone down this route, I only sent the Preliminary letter last week, L.B.A due to be sent on 27th October.

Originally Posted by johnfower

Just to let you know, i have started a claim against Barclaycard (~i have my own thread), they refused to send all statements and i have therefore started a claim against them for estimated interest and included in my claim that Barclaycard failed to send all information under the Data Protection Act request.

Its now up to them to correct the amount/provide the statements, so hopefully i would of forced them to send the statements or to confirm the actual charge amounts. Am sure you could do the same.

	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.

[rogerebaker]

Directions hearing has been set for 25th October.

Same day and time as my daughters so its gonna be a family day out

looking at the court list there is about 20 bank charges cases all on the same day.

Any one else at Kingston County court next wednesday !!!

	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

	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.

[rogerebaker]

Offered to settle in full before the directions hearing on Wednesday.

They havnt mentioned any conditions but I will consider them when I get it in writting.

[rogerebaker]

Having been refunded the charges since may 2004 I wrote to Barclaycard requesting statements pre May 2004.

They claimed that they are correct and the Information Commissioner is wrong but supplied them in any case. They also stated that they wouldnt communicate anymore with me regarding this matter.

nice of them.

Ive worked out they owe another 120.00. IAP will be going out Monday

[rogerebaker]

I decided to spend a bit of time calulating exactly the interest they had charged on these older charges. Took about 2 hours and a calculater but managed to come out with a figure of about £350.

IAP sent and quick reply offering £120

LBA will be sent next week refusing the offer

	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.