M_A_A_B Vs Barclaycard

[M_A_A_B]

Have sent off my Subject Access Request letter and £10 fee today (30/1/2007)....

Will update on here as and when and shout for help when I need it!

[T4FF]

Word of warning maab. Barclaycard are notorious for stalling. Read through some other people experiences to find out what is going on and how you should tackle their delaying tactics.

[M_A_A_B]

Thanks...I'm reading through stuff all the time it seems! It's taken a little while to get to grips with it but I think I'm there now...thanks for the advice

[M_A_A_B]

Had a letter from Barclaycard on the 19th to say that my statements will be sent to me within the 40 day time frame.

[M_A_A_B]

Haven't received my statements. 40 days are up. Phoned Barclaycard today (13/3/2007) and after speaking to some very rude people and being passed around a lot I finally found out that they have been 'inundated' with these requests and so will not be able to carry out my request within the specified time frame (which they already haven't).

I'm going to read up on here to see what my next course of action should be

[paulpb123]

A complaint to:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Remember to include copies of all correspondence with Barclaysharks.

Also the letter in the templates library ought to focus their minds.
All the best,
Paul

[M_A_A_B]

cheers Paul

[M_A_A_B]

Will be sending my LBA for non-compliance of my Subject Access Request letter tomorrow (15/3/2007)

[paulpb123]

Good stuff!

[M_A_A_B]

Recieved a letter from Barclaycard today dated 20th March 2007:

Dear M_A_A_B

I write further to your recent letter, your correspondence has been passed to me in order that I may investigate and on behalf of the company.

With regard to your request for refund of charges I am sorry you feel the charges you have incurred are unfair. We believe that our charges are both fair and transparent, and we make them clear in our terms and conditions, and on the reverse of every monthly statement. These charges are avoidable by staying within your limit and making your monthly payment on time.

In your correspondence you have outlined case law which you say supports your view. As I am sure you will appreciate Barclaycard is aware of all the information you have drawn to our attention. I must inform you however, that we disagree with your legal analysis.

Putting the above to one side, as a goodwill gesture and without any admission of liability Barclaycard is prepared to credit you with £200.00. The adjustment will be confirmed on your next statement.

Please be advised that from 1st August 2006, Barclaycard reduced its fee to £12.00 following the publication of the statement by the OFT.

I hope this now clarifies the situation. Should you have any further questions regarding this matter please do not hesitate to contact me. If my reply does not meet with your expectations you may ultimately be eligible to refer to the Financial Ombudsman Service. Further details of this service are available on request.

If I have not heard from you within 8 weeks from the date of this letter, I will close my file in accordance with our usual practice.

Yours Sincerely,

Customer Services

They still havent actually sent me my statements so I dont even know what they owe me yet!

What would be my next step? I sent them a LBA for non compliance on the 15/3/2007....the 7 days I gave them are almost up....

[livelylad]

You continue with the non compliance, they have not sent you the statements.

[M_A_A_B]

Thanks...do I acknowledge the letter I got from them today?

[livelylad]

Originally Posted by M_A_A_B

Thanks...do I acknowledge the letter I got from them today?

Yes inform them that you are reporting them to the Information Commissioners Office for non compliance. I take it you dont have a figure of how much they owe you as you dont have the statements. so this £200 is the figure they have come up with?

[M_A_A_B]

Also...I'm at the stage where I'm going to have to go through the courts as the LBA for non compliance runs out tomorrow....do I use the N1 form (I think I do from what I've read)...also, if I do use the N1 form, can I use the pdf version that's in the library on here?

Bit nervous about this bit so might be asking for help a lot!

[M_A_A_B]

Originally Posted by livelylad

Yes inform them that you are reporting them to the Information Commissioners Office for non compliance. I take it you dont have a figure of how much they owe you as you dont have the statements. so this £200 is the figure they have come up with?

I dont have a figure yet...I was waiting for my statements...I'm pretty sure that £200 is no where near as much as they will owe me though....I thought they were just being tricky with me because the account is now with a DCA (because of the charges I might add)

[livelylad]

Originally Posted by M_A_A_B

I dont have a figure yet...I was waiting for my statements...I'm pretty sure that £200 is no where near as much as they will owe me though....I thought they were just being tricky with me because the account is now with a DCA (because of the charges I might add)

Ok you need to take them to court for non compliance of the Data Protection Act Subject Access Request. Once you have your statements you can then reclaim your charges. The £200 you can accept as a part settlement inform them of this.

[M_A_A_B]

cool...thanks for all your help

Do I use the N1 forms for court?

[livelylad]

Originally Posted by M_A_A_B

cool...thanks for all your help

Do I use the N1 forms for court?

Yes, have a look through this as well
Data Protection Act - Non-Compliance - Template Letters
and this

Data Protection Act Non-Compliance - Particulars of claim