JackieJ v Barclays **WON**

[JackieJ]

Hi All,

I've just sent off my Subject Access Request - (Subject Access Request) - (Subject Access Request) to Barclays Bank today and am looking forward to adding up how much I have paid in charges over the last 6 years. I've paid £140 in the last 2 months!
Will this affect my credit rating iand will this go against me in court and what if I can't open an account elsewhere?

Jackie

Data Protection Request sent 4 July

	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.

[hek]

It doesn't matter about you credit rating when it goes to court, the fact is the charges are unlawful and how you manage your account doesn't change that.

With regards to getting another account apparantly NatWest do a very good basic account for people with poor credit history, a bit of a no frills afair.

Good luck with the claim.

Hek

[barracad]

Do you need a parachute account?

[JackieJ]

Thanks,
I think I might need a parachute account. I've got an overdraft of £1500 butI suppose I could always pay it off with what I claim back from Barclays if they insist on me closing my account?
Just one more thing, I telephoned Barclays and they are sending me the statements for a £5 charge but they did ask if I had seen a television programme about bank charges and was this why I was requesting them? Are they getting nervous? (PS I told them I wanted them for other purposes)

Barclays Bank - Statements ordered 5 July

	Parachute account "Parachute account" describes a second bank account opened expressly in order to avoid retaliatory action by a customer's usual bank once a bank charges claim had been commenced. The term "parachute account" was first used in this sense by BankFodder on the 22nd February 2006 and has since become part of general usage in this context. "parachute account" is used regularly by Martin Lewis of MoneySavingExpert.com and also by the National press.

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

	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.

[JackieJ]

Just a question about the parachute accounts - most of them seem to want me to transfer my existing account? I thought I was just going to open one as a back up? Any suggestions?

Barclays Bank - Statements ordered 5 July

[JackieJ]

Hek & Baccarad,

Thanks very much for your help. Now have the NatWest account agreed in principle so do feel a bit better. Had one more question after reading other threads - some are resulted as 'concluded'. Is this different from 'settled in full'?
Also can't see many Barclays ones in the settled forum - are they notoriously bad to deal with?

[Rebel UK]

Hi Jackie

Look at the top of the page, small print, bank charges survey results, you'll see barclays are handing money back as each case nears it's end, they have yet to go through a courtroom door, if you see anything other than 'case dismissed' or 'case lost' assume barclays paid out as I do, but maybe added a confidentiality clause that some people deemed pointless to argue about since their initial goal was to get THEIR money back

Rebel

	What are your rights at work Follow this link to read the review of the Guide to your Rights at work, published by Lawpack

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[JackieJ]

Rebel,

Thanks for that - I just wasn't sure! You have spurred me on! Am just waiting for my 6 years statements, they told me it would take 5 days. I already have the spreadsheet ready to fill in and my highlighter poised! Pretty sad, I know, but it does make you feel you are getting some control back.

[JackieJ]

Got spreadsheet from Vampiress and all poised and ready to go. Just checked some old statements from Capital One and Citibank and am staggered at amount of charges and interest I have been paying for years. Have started separate threads for these but is it worth pursuing them all at the same time or just one at a time?

	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.

[Rebel UK]

that would be for you to decide, the main concern would be available funds when filing moneyclaim form, anything over £1500 is going to cost you. I staggered my first two claims, am now pursuing the second, when done I will go after the credit card companies knowing I have enough funds available should my claim require it and not have to dent my income/expenditure.

Good Luck m'am

Rebel

[JackieJ]

Rebel,

That sounds like a good plan. Think I will do likewise. Hopefully if Barclays pay out what I think they may owe me, I will be able to pay the court fees for credit card companies, go on holiday, buy new car etc etc - not forgetting the 5% to this fabulous site. Can't wait for statements

Barclays - statements requested 5 July

[JackieJ]

Was told statements would take 5 - 6 days so am expecting them in next couple of days. Will chase up with a phone call but will also issue letter re Data Protection Act.
Have recieved usual statement today and they appear to have been transferring funds between our 2 accounts without authorisation! They were supposed to transfer all the direct debits to a joint account as my wages have gone down to part time. They didn't do this and then charged me £30 for bouncing the mortgage payment as there wasn't enough in my account!!
Can anyone advise, should I write and complain about this individual incident or just add it on to my overall claim when the statements arrive?

Statements ordered by telephone 5 July

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[barracad]

Personally I would just add it to the claim.

[JackieJ]

**** Bizarre turn of events!! ****

Well, my statements still haven't arrived but I have found around 2 years worth and have calculated charges alone to £850 so far.

Before I joined this forum, I had written to Barclays complaining about 2 x £30 charges that had been applied to my account for going over my overdraft limit by £2 and £18 respectively. I mentioned the Trevor McDonald programme and asked them to refund the £60 as I felt this was excessive. They wrote back saying they would get back to me by 12 July etc etc etc.

I then telephoned and asked for statements on 5 July which they said they would send within next 5 - 7 working days.

Today, I recieved a response to my original letter requesting the £60 back. They dispute the charges are unfair but...

"Depsite my comments above in relation to your views, on this occasion, and without any admissions as to the basis of your complaint, I am willing to offer the sum of £1,000 towards the total amount you are seeking. This is with the cost and inconvenience inherent in a further dispute in mind and is intended to be a gesture of goodwill."

I only asked for £60 and they are offering me £1,000????!!!!

Now, I am assuming they have some idea of how much I would be able to claim once my statements come through and the £1,000 is equivalent to a first offer.
I don't want to accept £1,000 in relation to the £60 and then start a claim for the last 6 years as I feel this would be dishonest so would you suggest I wait for my statements and respond stating I accept this as partial payment towards whatever the total amount is and then issue an LBA for the remainder?

Or, do I contact them and ask them what amount do they understand to be the 'total amount' I am seeking?

Has this happened to anyone else???

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	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.

[Spotted Dog]

I think you should wait for your statements to arrive and do your total claim calculation. If they have offered you a Grand it is either a cock-up or will be way under what you are really owed.
When you have your total then send them the Preliminary letter but modify it with an extra bit saying you have received their offer on ... date and will accept this as an interim payment but still want the full amount.

Spotty

[JackieJ]

Thanks Spotty,

Thats what I was thinking. I rang today and chased the statements. Originally they told me 5 - 7 working days but today I was told that for 6 years it takes between 7 and 12 working days. I think they are making this up as they go along!

[JackieJ]

Still no statements - 12 days tomorrow....

[JackieJ]

Guess what, no statements - now they tell me up to 15 days!!!
Think its time to follow this up with a letter to Mr Townsend.
Just for the information of all those people who've been having problems because the bank won't send stuff that's on microfiche, I've just been told that statements go onto microfiche after a couple of months!

[neddley]

Hi, i have been waiting 28 days for my statements. Some are waiting up to 37 days before statements come through. I shall wait a little longer and then make contact.

[hek]

I would ring them and ask again, hubby and I have made several phonecalls and now have statements for 2 accounts, just waiting on the third. They did charge me £5 at one stage but the lady on the phone didn't mention it as she did it, I only found out when I checked my account, I phoned back and complained and they refunded it the next day!!

It's definately worth ringing, why should you have to wait? The first account statements came two days after phoning!!

hek