Simpson v Barclaycard - what next??

[huskyjoe]

Hello...

Two things:

1. I have just received copy statements from Barclaycard, they are only up to June 2004, which is only 3 years ago and not 6 years, or even the life of the account. They attached a letter explaining why they haven't sent the statements from before June 04.

I have had the account since i was 18 years old and am now nearly 30 so should obviously have alot more statements to come.

The explanation they gave is as follows:

Statements from June 04 are stored on computer, however, statements prior are stored on on microfilm rather than computer. These take more time to search and reproduce. They said it would likely take up to 6 weeks!

They continue:

Statement requests are being processed in the order in which they have been received to seek to encure fairness. The Data Protection Regulator, the Information Commissioner, has been made aware of the position and knows that we are writing to you in these terms. The Information Commissioner is also aware that whilst we are endeavouring to supply this information as quickly as we can, we do not consider that the microfilm statements fall within the scope of the data protection act 1998. Nevertheless, we are happy to provide these as a gesture of good will.

What do i do now????? Do i wait the 6 weeks? Can i start my claim with the statments that i already have?

2. What do i do now i have received at least some of my statements? I understand i highlight all the charges and total them up? Is there anything i need to do? What about interest charges?

Can some advise please - thank you

[miss muppet]

Hi Husky, I am presuming you didn't send in Subject Access Request and CCA requests first. If not do that now enclosing £10 for Subject Access Request and £1 for CCA, navigate your way around the site and you will find lots of info how to do this. This is Barclays standard fob off letter, they must supply you with the 6 years statements and then you can send them the first letter for repayment, they usually reply with a partial settlement, you then refuse this and send the LBA and then if not co-operating raise court action on line, just use the standard template letters provided by the site and go for it.

[huskyjoe]

Hey Miss Muppet

I did send the Subject Access Request letter, first and a cheque for £10.00!! I didn't send £1.00 CCA. I orginally put a post on the forum asking what to do first to which i was told send Subject Access Request letter and £10. which i did...my post you replied to was the result.....what now?

[1159skunk]

I had the same letter, got my statements on the 5th and to my surprise recieved all the microfilm ones today, so i think its worth hanging on at least a week, i don't think they are quite as busy now as they have previously been so you will get them fairly quickly, so not imho worth sending any prelim letter for the charges you already have.

The only reason you'd need a copy of your CCA would really be to prove you didn't tick the ppi box or it was already ticked for you by the computer so you could claim that back aswell. It does also help stall for time if debts with DCA etc