Barclaycard - DTA cheque used for paying Balance

[Sophie-Jane]

Hi

I just received my statement, and I've noticed they have used the DTA Cheque to pay off some of the balance, this and all other debts are being dealt with by a debt management company, which they seemed to not recognise or are taking their time.

Before I send another letter, which i've drafted below, can you just let me know, will I need to send another Cheque, and if the wording for the letter below be ok?

All help is really appreciated

Thanks you all


Dear Sir / Madam

You received a cheque from me recently (deposited into account on 11th April 2006), which was accompanied by a DATA PROTECTION ACT DISCLOSURE REQUEST; this cheque was ONLY to be used for that request as per details on the reverse of that cheque

I therefore request that you still send the information on that letter before the 40 Day deadline expires, which is the 17th May 2006; I will not furbish you with another payment of £10 as you should have used that cheque sent with the previous letter.

If no information / communication is forthcoming by the 17th May 2006, I will have no other action to contact the “Office of Fair Trading” OFC, and also I will pursue a claim in the small claim courts for ALL unlawful deductions from my account with you and any reference in my credit file to be deleted, which I feel will wipe out the debt in total.

Originally Posted by Sophie-Jane

If no information / communication is forthcoming by the 17th May 2006, I will have no other action to contact the “Office of Fair Trading” OFC, [/font][/size]

You need to put something along the lines of...

If the request is not actioned by xxx date then I will have no alternative but to report your refusal of compliance to the Information Commissioner.

Hope this helps, OFT wont do anything about Data Protection Act's Its the Information Commissioner you need to get involved!

Good Luck!

[Sophie-Jane]

Hi

Thanks for that, They are not getting away lightly from this one

Regards
Sophie

[hannah2082]

I've just noticed on-line that they've put my £10 against my balance as well - oh it makes me mad! Their 40 days aren't up yet so I'll just have to wait and see!

Hope it works out for you Sophie-Jane.

[Sophie-Jane]

Not Only Barclays but also

Capital One
HFC - Benficial
Bank of Scotland

All 4 have taken the Data Protection Act payment out of my balance owed

I had sent the above letter to all 4, and received replies back from
Capital One, and had a phone call from HFC - Beneficail

Still the letter was sent to say that the 40 days is running out and that further action will be taken if they do not conform

If they received the payment, they have received the 1st Letter for the Data Protection Act request

[hannah2082]

I received copy statements for May 2004 today, (I think that I opened my account April 2003!), even though they put the £10 againat my balance - I don't think that I went O/D in my first year so I'm happyish!

[Sophie-Jane]

Just contacted Barclaycard today, advise them that they have until the 17th to comply with the Data Protection Act request

They said is in the process, but they have such a backlog

Once they said that, it was the line

"If I do not receive the Data Protection Act info by the 17th May 2006, It will be the County Court to persue the Action"

She seemed to change her attitude to being more helpful in the matter, still they have a week to comply, lets seee whats happens now

[johnfower]

Hows your claim doing?

[Sophie-Jane]

Hi John

Barclaycard are dragging this out, leaving everything to the time limits

I just received an letter after sending the 1st Prelim letter

However, they have agreed a goodwill payment of £175, Oh - should not tell you that they say - oh well, i've typed it in now - lol

Not acceptable, will pursue for full amount of charges levied, 2nd letter in post later today

Thanks for asking

Oh, by the way, the cheque has now been taken back out of the account, So will now be claiming that too.

[Sophie-Jane]

Received a final goodwill gesture, this time for £215, which I still feel is unacetable as its only 2/3 rds of the amount owed

They said that that is still on the table as long as I do not take legal proceedings

Small Claim now in action, should be delived to them by Monday

[Sophie-Jane]

1st August 2006

Just noticed that Defence has now been submitted to the Court

Barclaycard are Hanging this out

Waiting now to receive their defence

[Sophie-Jane]

Surprise surprise - NOT

Usual blah anf more blah that they use as defence

and last minute too

[johnfower]

Hi, just wondering how your claims preogressing, if you have a court date or if the amount has been refunded or cant you discuss the matter further?

[Sophie-Jane]

Hi

Update on this, is Now I have a Court Date

So I need to gather information together for the court

I presume this info would consist of the OFT Report and other cases

Please clarify, as I've not got to this stage before, where I have an court date, and possibility of going to court


HELP Please

[Sophie-Jane]

Am I one of the few who have had not a single bit of contact from Barclaycard since my LBA letter ??

[Sophie-Jane]

Well its all done

The Documentation is all sent, to the Defence and to the court

Should of calculated that additional costs onto the claim, maybe if it went to court, they would add the additional costs involved onto my case, but since they will most prob settle prior to cosrt, I suppose i have lost these additional costs??

[Sophie-Jane]

I know that I had to send documentation to the Defence and Court, do the defence have to send theirs, or is the defence the paperwork I already have from the court which states their defence

[Sophie-Jane]

Update

Barclaycard or should I say Barclays, settled this case, just over 1 week from the actual court date

Now I have a new claim, which I have sent off to Barclaycard, as I have learned how interest is calculated and also I am claiming for administration costs

Just waiting for their reply