CRAIGTEN vrs. BARCLAYCARD. Grrrrrrr

[craigten]

Hi there, i have sent the usual first letter to Barclaycard asking for my 6years worth of statements and they replied with the usual microfiche balh blah letter with a small amonut of statements so i have now sent them a 'non-compliance' letter telling them that they have 7 days to respond or i will apply to the County Court for an order to enforce compliance, can anyone please please please tell me what to expect next? i would appreciate your help! Many, many thanks- Craig

[craigten]

Ps-how on earth do i get an icon/pic to appear by my user name? Thankyou!!

[anarchist]

It absolutely amazes me that they STILL respond with that rubbish when they, and all of us, know very well that it is a complete load of ****

Read the sticky at the top, the one with 'MICROFICHE ARGUEMENT -THEY ARE WRONG' in the title.

[craigten]

Hey people,just to keep you updated- after recieving the standard microfiche b*****ks argument to my first letter asking for charges, i then sent a second letter from the templates library mentioning that "if you do not comply fully with my Subject Access Request within 7 days, i shall apply to the County Court for an order to enforce compliance", i then rang them after 10 days to be told that they sent the relevant statements on Feb 2nd,it is now Feb 10th so i am slightly suspicious!! Any thoughts on this people? Much appreciated- Craigten

[craigten]

Hi again,ok the latest is that today i recieved a nice letter from a Carl Nuttall basically saying that allthough Barclaycard still believe that they are in the right with reference to the microfiche argument,due to the infomation comissioners report they will be sending me the statements as a 'gesture of goodwill' and that they will arrive within 28 days!! What lovely people they are to send them out of a 'gesture of goodwill' eh?Nothing to do with them not wanting to get their wrists slapped then,haha! The wait continues.....

[craigten]

Ok people,the latest: Todai iv recieved what look like complete statements from Jan 2001 to 2004 (they had already sent me those months ago!) I was also shocked to see that they enclosed a letter saying how i would be charged £3 per copy!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!! Needless to say,i rand our friend Carl Nuttal and he assured me that there ahs been some sort of mistake and i definitely would NOT be charged!! They really really are cheeky BA*****S aren't they??? Never mind, on the plus side there are lots and lots of charges for me to claim back!! Ha ha ha ha............

[hels bells]

hi

you usually have to send £10 with your Subject Access Request as a standard charge for your request anyway, the £3 quid a statments is rubbish, neverthe less be prepared for a fight with barclays as i am having to go to court [already submitted] just to get my requested info.!!!!!!!!

hels bells

[craigten]

Hi people, just to let you know that iv sent my first letter to barclaycard and iv recieved a reply from our carl nuttall offering me the difference from their charges (£25 a time) and the £12 maximum fine by the oft which came to a measly £77!! Now, do i just send my standard second letter not even mentioning their offer (which id prefer) or do i have to mention it? Please please help me if you can, all the best!!

[anarchist]

Mention the offer, but state that you refuse it.

Theres a nicely written refusal letter that I've seen on here, in the templates section possibly, have a search for it and pinch the relevent sections

[craigten]

Hi again, you mean this?:

Response to settlement offer.

Dear [named sender or Sirs]

Thank you for your letter dated xx/xx/xx

I respectfully decline your offer of settlement and request, one final time, that you return to me all charges imposed on this account, totalling £xxxx

In order to avoid Litigation against you, I am prepared to temporarily accept the sum offered as partial settlement on the clear understanding that the remainder is paid within the next 10 days. Failure to comply with this request will result in legal action against you for full recovery, as detailed in my Letter Before Action.

If you do not accept my conditions for acceptance, or you do not respond within 10 days, I shall return the payment to you. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.

(If the bank have credited your account, please use this note in place of the above paragraph)
If you do not accept my conditions for acceptance, or you do not respond within 10 days, the money transfered to my account should not be viewed as my acceptance and I hereby authorise you to remove this sum accordingly.

I trust this clarifies my position.


Yours faithfully



If so then i will edit it and print it out today and send it monday! Let me know please?

[craigten]

Hi everyone, just to update you- Barclaycard offered me a pathetic £77 instead of the £323.69 (including 8% interest which i now realise that i should'nt really add until it gets to court!!), i sent the letter from the archive saying i refuse their offer as a settlement but will accept it as a part payment but if they do not pay up before the given deadline then i will take them to court! Now, i sent this letter on %th March but i notice from my statement that they took the £77 off my balance on 22 Feb!!!!!!!
Can anyone please help me with what to do now? Many, many thanks-Craig

[Advoc8]

Don't worry about it. It looks like you've acted as soon as you were aware of the payment. If you're at the LBA stage wait for the time to tick by and commence your court action. If the £77 payment hasn't been reversed take that off the amount of your claim, if it has been reversed then claim for the full amount.

[innocent]

Hi there,

And well done so far!

This is all quite normal for barclays, and card... I would......

".....thank them for their partial settlement in your LBA.... "; given them 2 weeks to pay up the remainder, and 'clarify' after 2 weeks you will have no choice but to commence legal proceedings and THEN add the statuatory interest"

See innocent vs barclaycard WON


For excellent letter writing skills may I suggest
mcuth vs RBos

(he has been made offers and writes superb letters and he's just been promoted to a moderator too!)

Keep up the good work

Innocent

[craigten]

Hi there, ok the latest is that Barclaycard have now taken back the £77 that they had given me back on my account (id sent a letter saying that i reject their offer if it as i final settlement but would accept as a partial payment) and their 10 days is up! Time for MCOL, any ideas of help?? Thankyou-Craig

[Advoc8]

The biggest think with MCOL is to get it right first time. Read all the faqs on claiming using it and read through the particulars of claim given as examples. There are certain things in them that must be present otherwise the defence can take a swipe at your claim.

If you're at all uncertain take the template, edit it to suit your details and post it here for checking, obscuring any account numbers or names.

[craigten]

Ps- is this address ok to use on MCOL: Barclays Bank PLC
1 Churchill Place
London
E14 5HP

Many thanks-Craig

[craigten]

Ok people, I DID IT!! Just completed the MCOL so now il wait for the lovely Barclaycard to respond.... Here we go!! All/any advice is greatly appreciated....

[Advoc8]

The address is you stated is the right one.

Advice - sit and wait, they've a tendency to leave settling until just before the trial date.

[craigten]

Hi again, i notice that on the help page to fill out the MCOL page there is a bit that says "Once you have submitted your claim by MCOL you need to send your schedule of charges to the court to be served with your claim. " ......so i have to send a copy of my schedule of charges to the MCOL court? The reason i ask is because iv already started a claim against Hcbs for my brother that their solicitors have defended and i didn't send a schedule to the court!! Also, i have last week started a claim on MCOL against Barclaycard and i haven't sent a schedule to MCOL for that either!! What shall i do now? How important is it?