antony273 v Barclays : ** WON **

antony273 · 12th April 2006, 17:03

Hi Guys,

Barclays have recently offered me £150 of the £327 that I have calculated they have taken from me since 2003, this amount includes interest up to the date of the first letter. I sent them a reply stating that i do not accept this amount as a settlement and require a full refund, they refused!I then sent a letter stating that i will now take action against them through Moneyclaim.

Should i have accepted the £150 and then put in a claim for the rest, or is it ok to carry on with the claim for the £327? If i do file a claim do i go for just the amounts taken or the full £327 which was the first amount stated including the 8% ??

Any Advice would be Great!

jonni2bad · 12th April 2006, 17:21

Since they refused to give you a full refund, then you should indeed proceed to the next stage.

Had you told them that you were going to accept it conditionally, then chances are they would have withdrawn the offer, so nothing lost there.

Not sure what stage you were actually on, but the 8% additional figure for interest should only be added to your claim if you initiate the court proceedings...

scotia · 12th April 2006, 17:22

After having many late nights on this forum, i think he correct course of action would have been to accept their kind offer, but to explain that you will be continuing for the full amount.....the chances are they would retract the offer, as most offers seem to carry a clause similar to.....'you accept this as full & final settlement'.

So just proceed as normal for the full amount

antony273 · 13th April 2006, 16:49

Ok thanks for that, will keep you all posted!

antony273 · 28th May 2006, 22:44

Here is the current state of affairs with my claim against Barclays, they are defending the claim and it has been transfered to my local court, the usual defence about their entitelment to charge....T&C's...liquida ted entitlelment...Blah..Blah ...Blah. But here's the thing....when filing my claim i used the template from the library, but, in my hurry i didnt put down the accounts i was claiming from or the amounts and dates!I know that was a F*** up on my part, and of course they have put this fact in their defence, I did send them all of the amounts and dates on a spread sheet in my original letter, they offered me £150 of the £327 i was claiming, this i turned down. I'm a bit concerned that i may have screwed up and i dont want to lose in court! Someone at the court service said when i called them (of the record) that i should write back to Barclays regarding their defence and refer them to my original letter with the breakdown of charges as well as send them a new set of figures, and to also send the court a a breakdown of the charges.

Just wanted to know if anyone had any advice about the situation and should i add anything on to the allocation questionnaire?

Thanks guys.

mossysue · 29th May 2006, 09:41

I think i'm in a similar situation to you, although I didn't send a full breakdown of the charges to the bank, as I assumed that as they have copies they could work it out for themselves.I also keep thinking i've cocked up, but will write to the bank, with the list of charges, and relevant details so they know whats what.
I feel a bit abandoned at this point, as i don't know where we find the relevant info now to take us through this next stage.
do you have to pay again (£100) for the transfer?

barracad · 29th May 2006, 10:02

Quote:

Originally Posted by antony273

I know that was a F*** up on my part, and of course they have put this fact in their defence, ...

Just wanted to know if anyone had any advice about the situation and should i add anything on to the allocation questionnaire?

Thanks guys.

What exactly have they put in their defence? Can you post the details on here?

jonni2bad · 29th May 2006, 12:03

For anyone reading this re: the Allocation Questionnaire, we did realise that we had not included details on how to complete this and, as such, we are currently putting together a help file for this very purpose.

It should be in our FAQs very soon.

Thanks for your patience.

BankFodder · 29th May 2006, 14:20

If it bothers you, then send them a schedule of your charges now. Send it by recorded delivery and send a copy to the court. If you haven't returned your allocation questionnaire then enter into the allocation questionnaire that you have sent a copy of your charges to the defendant's solicitors. The notes can read that the defendant is fully aware of the charges from their own records however you have now sent them a schedule of the charges for their information.

It really isn't very serious. Don't panic about it.

I have now seen one copy of the Barclays defence. I'd like to receive one or two more copies to see whether there will same.

Although I have asked several times on this forum for copies of the defence is seems to be a general reluctance to let me have any.

brandedcentaur · 29th May 2006, 16:08

Hello BF,

I'm not sure if this is what you mean by Barclay's "defence" but it is the reply I received when I wrote to them requesting FULL details. They sent the incomplete statements as seems to be their normal ploy.

I am debating whether to ask for an N1 form from the court to force them to comply. I did send the £10 maximum fee so I am not pleased that they are trying to squeeze £3 a statement out of me!

Anyway, here is the reply I received; I hope it is what you wanted?

Data Protection Act 1998 – Subject Access Request

Account Number: XXX XXXX XXXX XXXX

Thank you for your recent letter dated 22 May 2006.

With regard to your request that we provide a computer print out of transactions on your account to date we are unable to provide the information requested. Our computer systems do not permit us to print such historic data. Neither do our computer systems allow us to search for charges applied to an account. It is therefore not possible to provide you with a print out of such charges. l would also add that Barclaycard did not introduce default charges on its accounts until mid-2001. The print out that has been provided to you contains the information that we currently have recorded relating to charges on your account.

As explained previously copy statements held prior to May 2004 are stored on microfiche. The statements copied onto the microfiche in date order and more than one customer statement may be held on an individual film of microfiche. These statements are not stored by reference to account number of customer name and are not “readily accessible” within the meaning of the Data Protection Act. These statements are therefore not retained in a relevant filing system and therefore do not fall within the class of documents to be produced pursuant to a subject access
request.

You also state that other customers have been provided with computer print-outs of transaction covering “this period” which I understand to be the period prior to May 2004. As Barclaycard do not hold transaction information prior to May 2004 on computer 1 do not understand what you are referring to in this regard.

Accordingly we are unable to disclose any further statement documentation to
your request under the Data Protection Act. As previously advised you may contact
the Customer Services team for copy statements. There is a standard charge of £3 per
copy statement.

Barclaycard is not attempting to obstruct you or delay you. We are however ensuring
that alt subject access requests made to Bardaycard are dealt with in the same way,
whether or not they relate to default fees, so that all requests are processed fairly and
properly. Barclaycard have made it clear to customers for many years that copy
statements held on microfiche are not required to be produced pursuant to a subject
access request.

Please do not hesitate to contact me if you wish to discuss the above issues further.

Yours sincerely,

Simon Walker

jonni2bad · 29th May 2006, 16:26

Thanks for including that, but BF was asking for a Defence filed in court.

Bookworm · 29th May 2006, 16:28

Small, but maybe interesting detail: Simon Walker is both Head of Data Protection and Legal Counsel, according to his later missive to me.

brandedcentaur · 29th May 2006, 17:01

Quote:

Originally Posted by jonni2bad

Thanks for including that, but BF was asking for a Defence filed in court.

Whoops! Silly me! When I take their sorry a***s to court I will be sure to post their defence (if one is provided).

Also, dear Simon signed himself as "Head of Data Protection & Legal Councel" on my letter too - I forgot to put that part in. I wonder if I should write to the head honchos pointing out that he doesn't know his job? He doesn't seem to understand that the MAXIMUM fee for providing data is £10 & also still sticks to that tired old yarn about not having to provide information on microfilche!

Don Quioxte · 29th May 2006, 17:25

Quote:

Originally Posted by BankFodder

I have now seen one copy of the Barclays defence. I'd like to receive one or two more copies to see whether there will same.

Although I have asked several times on this forum for copies of the defence is seems to be a general reluctance to let me have any.

BF Barclays acknowledged my claim on 11th May (according to court papers it was considered served on 8th May) so by my calculation they have 1 week today to submit their defence to me - I will let you have as soon as I receive..

Antony good luck.

CrispDust · 29th May 2006, 23:04

My claim acknowledged 22 May. No defense as yet. Will post as soon as its available, which should be by 19th June if my calculations are correct. Does thaty mean if no defense filed by close of play on 19th June I can enter for judgement by default on 20th? Or have I got my sums wrong?
Sorry to hijack thread!

Don Quioxte · 29th May 2006, 23:07

it is 28 days from the date of service...

look on your original form "Notification of Claim"

it will tell you on there when the papers are deemed to have been served. it is not 28 days from when they acknowledge. 28 days from when the papers are deemed to have been served. Normally it would have been 14 days.. but by acknowledging they buy themselves a further 14 days on top of the original..

antony273 · 30th May 2006, 18:59

Thanks for the advice guys, i will send a new list of charges to them, as well as the court, that should give them something to think about! I would be willing to post their defence, when i have time, going on holiday friday so may only have time to send out the letter to them. Interestingly in their defence, the last line finishes in mid sentence and so dosent make sense, is this something i can tackle them on in court i wonder??

Will keep you posted.

CrispDust · 30th May 2006, 19:15

Date of aknowledgement was same date as deemed served!

antony273 · 21st June 2006, 17:54

I have now received a hearing date of 11th July, the court want me to send any documents to all party's by the 27th June, what do i need to send?Is anyone else at this stage?should i hang on til the last minute?Any advice would be a great help!

boonyed · 21st June 2006, 18:17

Antony

I have received Barclays defence and returned the questionairre. When I get my court date I intend to contact Mr Jerimiah in the hope that he will settle before we actually get to the court steps. Some have already tried this approach and have been successful, but I would advise any who plan to do it to make sure they have their court date first.

Andy

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