Data Protection Act request 166 days old & not complied. Estimate + claim anyway?

[manchestman]

Hi all,
Help appreciated please. Am getting so frustrated with barclaycards intransigence and silence!
Subject Access Request sent with fee to Peter Townsend, Barclaycard back on 10th September 2006 166 days ago!
Partial Transaction details sent back almost immediately.
LBA sent on 17 september, for estimated charges of £280 and actual charges of £160 plus repeated request that Barclaycard had not complied fully with my Subject Access Request and that i was many months transactions/charges missing as well as no manual intervention (default notice etc) or transferance of info to third parties etc. (we had been dealing with succession of DCA).
They then confused me totally and sold the debt to HFO.
Having now sorted out HFO I need to return my attention to getting these charges returned to me.
despite reminders, no contact from Barclaycard except for a letter containg transactions from 4 statements, 3 of which I had already been sent in September!
At my wits end and desperately want to take Barclaycard to court. i know how to do this with a definate figure to claim, but how would I word my n1 if it includes an actual amount and an estimated amount as well?
I've also discovered they charged about £68 for PPI during early months that was never requested and is an unticked box on original agreement. Can I also submit a claim for this on my N1, or would this confuse issue and make me more likely to lose the claim?

[martinhw]

We had a similar experience getting info from Barclaycard - my thread is http://www.consumeractiongroup.co.uk...rclaycard.html

Claiming for the PPI would not confuse the issue if you have a copy of the signed agreement. I would include it in the claim.

The Final Demand letter in my post got them to comply within a couple of days of receiving it.

Good luck with your claim.

[TANZARELLI]

Mr Adrian Whalley -The Data Protection Manager
Data Protection Team
Department LRC
Barclaycard
Northampton
NN475G

**/** 2007


LETTER BEFORE ACTION
Section 7 – Data Protection Act 1998

Dear Adrian Whalley,

Account Number: **** **** **** ****

You have failed to comply with my Data Protection Act Subject Access Request dated **/**/**.

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.


Yours faithfully,

[TANZARELLI]

You could try the above but be preparred to follow it through if you have too.

Tanz

[manchestman]

Thank you Martin and Tanzarelli. As luck would have it, the remaining transactions dropped through the door this morning as badly photocopied actual statements! Gosh, Barclays must really have there work cut out at the moment ... but its all there own fault anyway. There is still the remaining data that i requested, besides the transactions/charges list, but at least I can now proceed with a true claim, once I work out my contractual interest on each item for my N1. I am still going to proceed with a strongly worded last chance letter based on your letter, Tanzarelli, and WILL issue separate proceedings in 9 days time for compensation for non compliance of Subject Access Request/Data Protection Act request (from several months ago now). They have certainly have enough time to fully comply in my case.
I have suscribed to your thread, Martin, as it seems we are in a very similar boat now.
Tanzarelli, i have been reading your posts for a long time now, especially the mammoth thread on 'consumer credit agreements'.

[TANZARELLI]

Good luck with your claim

Tanz