barclays vs girlfriend

[andybird]

am helping my missus claim some cash back from barclays... sent of the data protection act request to their head office requesting statements and a summary of charges... and, get this... the cheque was returned, with a letter saying they are not refunding any charges!!

one more letter, then Im on to the data protection ombudsman!

	The Financial Ombudsman Service For the most part, don't bother. The Ombudsman is an industry arranged service which is under-resourced, takes too long, lacks clear transparency. You have no idea what evidence the FOS has received from the bank or how your complain has really been handled. The FOS is the preferred complaints route for the banking industry. The county court is to be preferred by consumers for its speed, openness, the quality of its awards and also because it will award 8% interest on top of any damages won by you. The Ombudsman should normally be used to solving little technical difficulties or customer service problems which you have expereinced with your bank.

[victimnomore]

Did you send the standard Data Protection Act/Subject Access Request letter?
And, they said they wouldn't refund charges even before you'd asked?

If yes to both, it is indeed interesting - it smells as if Barclays are beginning to panic.

Oh dear, oh dear. Ha!!

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[andybird]

Originally Posted by victimnomore

Did you send the standard Data Protection Act/S.A.R - (Subject Access Request) letter?
And, they said they wouldn't refund charges even before you'd asked?

If yes to both, it is indeed interesting - it smells as if Barclays are beginning to panic.

Oh dear, oh dear. Ha!!

yep!!

now just sending a the 7 day letter before I take court action (from templates section)

& a copy of the original Subject Access Request request / £10 cheque... so lets see what comes back from this one

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[victimnomore]

That's it, keep them under pressure!

[Fullyskinted]

Interesting. I just sent my letter / Subject Access Request off.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[Welshman]

Andy, this seems like a very odd response to you just asking for the initial information. They're jumping the gun big time. Have you got a scanner or can you type out, word for word, just the relevant part of the letter?

[andybird]

Originally Posted by Welshman

Andy, this seems like a very odd response to you just asking for the initial information. They're jumping the gun big time. Have you got a scanner or can you type out, word for word, just the relevant part of the letter?

unfortunately, as I am doing this one on behalf of my girlfriend, she had forgotten I'd said I was doing it and threw the letter away. But they definitely sent the cheque back, and the summary was basically that they were not going to provide details of the fees as they were legal and they had no intention of refunding them!

if she can find the letter I will copy it up here.

[Welshman]

Sending the cheque back is normal. But, they have a legal duty to supply any information they hold on you as the S.A.R. letter you sent clearly asks.

[Fullyskinted]

Ill let you know what I get in the post mate Hopefully Ill hear something this week.

[andybird]

court threat worked a treat.... got copies of ALL previous statements by return of post!!! Just putting together the statement of charges and LBA letter.

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[Welshman]

It's not LBA first, it's the preliminary approach letter - here: http://www.consumeractiongroup.co.uk...-approach.html

LBA is in 14 days time.

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[Fullyskinted]

OK, I got a reply today.
It looks to be the same reply as andybirds.
They are saying
"they are under no obligation to present info according to any particular format. Therefore, your request to assemble a schedule of charges is turned aside. You may of course obtain this data from copy statements which will be sent to you in the next few weeks without charge on this occasion. (Goes on to say about chq not req and returned) Please be aware that some statements info arising from period prior to and possibly between 1999 and 2000 is manually stored in the form of microfische and does not fall within the data subject access provisions of the Data Protection Act."

Ill type the rest up if required (scanner not working atm). It mentions about manual intervention and the Data Protection Act not obliging the bank to comment about internal policies and procedures. And that for managing day to day transactions from out of order accts, the bank does not hold the info requested in a form that would be covered by the Data Protection Act.

Hope that helps those concerned

[andybird]

cheers welshman... was getting a bit ahead of myself!!

Fullyskinted... This is what I sent when they refused to send me statements... I also enclosed the original data request.... this soon pulled them into line!!

LETTER BEFORE ACTION
Section 7 – Data Protection Act 1998

Dear Sir/Madam

ACCOUNT NUMBER: Account Number: xxxxxx / Sort Code: xxxxx

You have failed to comply with my Data Protection Act Subject Access Request dated 10 August 2006.

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.

The aforemention Data Protection Act Subject Access Request is enclosed, as is a further cheque for £10.

Yours faithfully,

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[andybird]

ok... worked out the charges and sent my preliminary request... got a nice letter back saying that they are looking at it but it could take up to 8 weeks... am thinking that the best course will be to straight follow up with a letter before action giving them a further 14 days to respond positively...

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[Fullyskinted]

Originally Posted by andybird

ok... worked out the charges and sent my preliminary request... got a nice letter back saying that they are looking at it but it could take up to 8 weeks... am thinking that the best course will be to straight follow up with a letter before action giving them a further 14 days to respond positively...

LOL, I think my letter came off the same PC as yours. Arrived late last week. Im gonna give them the 14 days, then send the LBA too.

Good luck.

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[andybird]

Originally Posted by Fullyskinted

LOL, I think my letter came off the same PC as yours. Arrived late last week. Im gonna give them the 14 days, then send the LBA too.

Good luck.

I've just re-read the preliminary letter giving them 14 days to respond positively... this letter although fairly pleasant certainly doesnt count as a positive response so Im not going to wait another 14 days... Im gonna send the LBA tommorow!! That gives them another 14 then it's court

so let's see if the LBA speeds them up!!

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[Fullyskinted]

Originally Posted by andybird

I've just re-read the preliminary letter giving them 14 days to respond positively... this letter although fairly pleasant certainly doesnt count as a positive response so Im not going to wait another 14 days... Im gonna send the LBA tommorow!! That gives them another 14 then it's court

so let's see if the LBA speeds them up!!

Fair point! I hadnt thought of that!

Hmmmmm, Im in work (where there is a printer) tomorrow night...

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[andybird]

Been offered £410 by them.

Gonna send a letter today rejecting the offer and enclosing a full schedule of charges + interest and giving them 7 days before I file a court claim.

will keep you informed!

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[Fullyskinted]

Originally Posted by andybird

Been offered £410 by them.

Gonna send a letter today rejecting the offer and enclosing a full schedule of charges + interest and giving them 7 days before I file a court claim.

will keep you informed!

What did you claim for then - amount wise?

I claimed for just over £3k and was offered £1k. I havent reponded as yet (or put a money claim in) as Ive been waaaaay too busy sorting out other stuff(s).

I think Ill follow your lea though and sort it out this week...

Good work!

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[allan1983]

I cant believe just how STANDARD Barclays are!
The letters mentioned above arethe EXACT ones, word for word, that we had!