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Old 23rd May 2006, 06:36   #1 (permalink)
marksteps
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Default Barclaycard Credit card

Can i claim on this?And how far back? Im interested in going for it, reading otherposts, it looks as if i could be successful.Would the initial letter be like the one i used for the bank etc?
I have changed cards over the years, either by losing them or having them stolen. Would that affect anything ie will they have records of me going OD on old cards.

x
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Old 23rd May 2006, 06:39   #2 (permalink)
Lueeze
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Default Re: Barclaycard Credit card

Now tuttut!!!!!!

You know the rules, read read and read.....
 
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Old 30th May 2006, 21:32   #3 (permalink)
marksteps
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Default Marksteps Vs Barclaycard

Im stalling from attacking Barclaycard because i want to see if there is a way round this! I need the years 2001 to 2004 which i wont get from my Data Protection Act what can we do??


Last edited by marksteps; 1st June 2006 at 11:06.
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Old 30th May 2006, 21:44   #4 (permalink)
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Default Re: Data Protection Act only gets us 2004 onwards...

Quote:
Originally Posted by marksteps
Im stalling from attacking Barclaycard because i want to see if there is a way round this! I need the years 2001 to 2004 which i wont get from my Data Protection Act what can we do??

Am I missing something..why not?
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Old 31st May 2006, 00:02   #5 (permalink)
Bookworm
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Default Re: Data Protection Act only gets us 2004 onwards...

Because B/card won't send them, Alan. They hide behind the Microfiche argument. Have a browse at the B/card threads, you'll soon see what OP means.

Mark, they will send you the semi-useless printout though, and since they've said they only started charging from mid-01, you should be able to estimate an amount from there. If the amount is too high, or they have refunded, let them prove it, and then explain to a judge why this info wasn'tmnmade available to you.

Or you can hit them with a S 9 court claim to force compliance. Takes a bit longer, but you'll get the right data to claim.

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Old 31st May 2006, 20:39   #6 (permalink)
marksteps
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Default Re: Data Protection Act only gets us 2004 onwards...

Prepared my Data Protection Act letter to be sent first thing in the morning...

Also enclosed a cheque for £10
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Old 2nd June 2006, 21:27   #7 (permalink)
breadline
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Default Re: Data Protection Act only gets us 2004 onwards...

They will do eventually, the site is growing and sometimes different procedures take time to get around. Now where i live it would only take an hour to be shared but here it can take awhile longer.

Now if you have or see some one in your position you can pass it on

BL
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Old 2nd June 2006, 21:32   #8 (permalink)
breadline
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Default Re: Data Protection Act only gets us 2004 onwards...

They will do eventually, the site is growing and sometimes different procedures take time to get around. Now where i live it would only take an hour to be shared but here it can take awhile longer.

Now if you have or see some one in your position you can pass it on

BL
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Old 2nd June 2006, 23:39   #9 (permalink)
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Default Re: Data Protection Act only gets us 2004 onwards...

hi not sure if this is the right way to go but I requested 6 years from barclaycard and got 2 years, i worked out how much they had charged me in 2 years and multiplied by 3. here is the prelim letter i sent, i assumed if they where to argue and wanted to go to court then they would have to provide the six years information anyway as they had breached Data Protection Act, and I would be happy if it was less as long as it was what i had been charged. I highlighted that it was estimate due to lack of statements they were able to provide.... maybe moderator can see if this is a good way to go I will keep you up to date LBA due out on 7th june....then moneyclaim 14 days later.... DONT MIND TELLING JUDGE IT WAS ESTIMATE AS BARCLAYCARD DISREGARDED THE DPA 1998...

copied this from parkes v barclaycard this is what I am trying see what happens???

I always request email from them to say they have received letters so I have copy if it does go to court..


Customer complaints department
Barclaycard
1234 Pavilion Drive
Northampton
NN4 7SG

24/05/06

Dear Sir/Madam,

CARD/ACCOUNT NUMBER:

I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges are unlawful at Common Law, Statute and recent Consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

*I estimate that you have taken £1680 plus £134.40 which you have charged me in interest for the sums which you have taken. Total £1814.40
Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

*The reason I am estimating these charges is that you say you can only provide 2years information (may 04 until may 06) under the data protection act. I find this to be untrue and unlawful and a separate letter will be sent to the information commissioner to report these actions. I am willing to be advised if this amount is incorrect of the true amount, once this information is received and then can be adjusted accordingly.

In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

Yours faithfully
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Old 2nd June 2006, 23:42   #10 (permalink)
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Default Re: Data Protection Act only gets us 2004 onwards...

Quote:
I am willing to be advised if this amount is incorrect of the true amount, once this information is received and then can be adjusted accordingly.
You require proof that your estimate is wrong as well or let them prove it in court , as we all know they won't
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Old 2nd June 2006, 23:46   #11 (permalink)
fergal71
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Default Re: Data Protection Act only gets us 2004 onwards...

so I take it this is okay to do then????? If this is the case why is this not done by everybody having difficulty getting 6 years or more statements...Is this the way to go
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Old 4th June 2006, 12:52   #12 (permalink)
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Default Re: Data Protection Act only gets us 2004 onwards...

I have not heard back yet but i like the above letter. Clarification on sending this would be helpful.

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Old 6th June 2006, 15:59   #13 (permalink)
Cmdenny
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Default Re: Data Protection Act only gets us 2004 onwards...

I paid for the 3 additional Statements at £3 each and I hope to claim this back as well.
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Old 8th June 2006, 15:28   #14 (permalink)
lynzpower
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Default Re: Data Protection Act only gets us 2004 onwards...

Incidentally, is there any way you could go "oh you guys owe me 5k" which is way more than they owe me, but then they would have to prove in court they dont?

ANY THOUGHTS?
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Old 8th June 2006, 17:30   #15 (permalink)
fergal71
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Default Re: Data Protection Act only gets us 2004 onwards...

lets not become them, follow the rules or the judge will see the greed....
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Old 8th June 2006, 17:34   #16 (permalink)
Bookworm
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Default Re: Data Protection Act only gets us 2004 onwards...

Go back a few posts in my thread and see Robertcx's coments on the subject. A non-starter, I'm afraid...

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Old 8th June 2006, 17:53   #17 (permalink)
vw203
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Default Re: Data Protection Act only gets us 2004 onwards...

Quote:
Originally Posted by breadline
They will do eventually, the site is growing and sometimes different procedures take time to get around. Now where i live it would only take an hour to be shared but here it can take awhile longer.

Now if you have or see some one in your position you can pass it on

BL
i have no idead what to do regarding bank charges, can you please help
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Old 18th June 2006, 13:21   #18 (permalink)
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