Trucker v Barclays **WON**

[Trucker]

Has anyone seen the article at the Mail online website.?

http://www.mailonsunday.co.uk/pages/...3D507%26ct%3D5


They are a joke.

[welshcakes]

I'm thinking of renaming my car.

From henceforth (as far as I am concerned and I don't see why I should inform anyone else it might affect) it will be known as my mobile armchair.

I am self proclaimed exempt from any reasoning or legalities that the rest of the UK recognise as valid and fair. Never again will I have to worry about road tax, insurance or a valid MOT and can entirely ignore parking restriction, the Highway Code and speeding tickets.

[Trucker]

Should have thought of that when i got stopped by the boys in blue last night....lol

[princessblack]

i am jsut wondering whether this new wording means that we cannot claim anymore because of it

[kippy2]

Originally Posted by princessblack

i am jsut wondering whether this new wording means that we cannot claim anymore because of it

still a penalty however much they try to reword it

[Trucker]

Even if it does stand up, doesn't stop you claiming what they have already charged.

[Trucker]

Hi All

Just to update you on where i am at.

Received today letter in response to my Subject Access Request. Standard letter that everyone seems to be getting. I used the template letter from the site asking for complete list of transactions and charges relating to my account. This letter only refers to charges. It goes on to say that they will provide copy statements free of charge but as accounts pre 2000 are stored manually this may increase the time to collate the information. No time scale is mentioned.

Now am i right in saying that if they can produce statements then they are holding information that is covered by the Data Protection Act and as such the 40 days timescale must still be adhered to? Do i reply to this letter or sit and wait?

Trucker

	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.

[Trucker]

Just noticed. Their letter is dated 28th Feb. I only posted the request on the 28th (recorded delivery) to head head office.... They received it 1st march

[Trucker]

Well its 20 days since they received my Subject Access Request. Can anyone tell me what the standard waiting time for statements is at the moment. Should i start thinking about giving them a reminder that the clock is ticking? and the fact that they returned my cheque does this mean they have turned down my request

	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.

[dunnie1]

they've got 40 days, and their inundated with requests so just be patient. You should get them in time, although they're increasingly being deivered late due to volume of enquires.

no, they alawys return cheques uncashed. Should have beena letter with it though, telling u your statements were on the way or something.

[Trucker]

Thanks Dunnie

Yes i received the standard letter with the cheque, telling me that a number of the points i raised were outside of their obligations under the Data Protection Act however they would suppy me with statements free of charge, but may be delay of upto 8 weeks as transactions pre 2000 were stored manually

Trucker

[Trucker]

An item on today's news says that complaints about bank charges have increased from 2000 in the the first 3 months of last year to over 85000 in the first 3 months of this year. Thank You CAG for widening the awareness

	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.

[Trucker]

Update

30 days since i sent Subject Access Request. I have had the usual "will take time" letter, but i notice from other threads that some have receievd their statements within a couple of weeks. Is it time to give them a nudge or simply let the 40 days expire? Any thoughts anyone?

	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.

[CAZKATJOE]

maybe this is why things are being delayed. You would think they would just pay up

it has just come up on the itv news and they say they are getting 2000 calls a day now so i will continue to watch and update

[bennyowen]

That's good for publicity. The demise of the banks is nigh!

The court system is in torture, how long can this continue? I wonder.

[woodentop]

Hi just watched the news as well - lets hope that they going to start seeing some sense!!!!!! but not holding our breaths!!!!!

[CAGisforME]

I inadvertantly taped this and have just reviewed it!

First 3 months of last year 2000 contacted the banks re: charges.
First 3 months of THIS year, 85,000



4000% increase.

OFT has announced today that it's extending it's investigation into Bank charges.

I thought it was a bit rich of the BBC to insinuate that if the banks lost money because of the charges that they might then charge for current accounts, oh, so, everyone will know who to blame eh?

Although at least they did point out that those who pay "penalty" charges, do subsidise everyone else!

Robin Hood spring to mind?

	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.

[CAZKATJOE]

let the 40 days expire as it will look better in court, that you stuck to your deadlines. even if they dont.
but have your next letter ready on day 40 and send it.

i got mine in 14 days i have to say, i just watched the news and they are getting around 2000 calls a day

[dar£n]

i agree with caz, and put my money on the 39th day with them landing on your mat.

[Trucker]

Hi All,

Today i went into my local branch of Lloyd TSB to try and open a parachute account. I had already tried several banks online without any luck.

Told the nice lady i didn't want a fancy account or overdraft and wasn't too bothered about a debit card. All i wanted was a basic current account that i could pay my wages into and pay direct debits etc out of. She asked me why i wanted to change from Barclay's, i replied "have you heard of whistle blower".

Any way, i was turned down for an account. I have some defaults against me from 5 years ago which i declared to her and was thinking that must be the reason. But apparently not, she told me that when she was speaking to her head office the credit search had shown an anomaly with a linked address. Alarm bells then started ringing in my head.

Went home an immediately got my credit report, i find that in 2002 black horse have made 8 entries with a financial association to my ex wife (all on the same date 14/02/02) and 2 entries on linked addresses. Now 1 of the addresses i am linked to is NOT and NEVER HAS BEEN an address of mine, but was only a few doors away from where i used to live but with a slightly different postcode. Anyway, at that time in 2002 i had no dealings with Black Horse apart from a very brief inquiry. At no point was permission given or sought by them to do a credit search on me.

So the question is what do i need to do to get this removed from my credit file and how long will it take?

Hope that all made sense.

Help Please!!!!!

	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.

	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.

	Credit Report Click link to open in new window.