Maxine V Barclaycard. **WON**

[TANZARELLI]

Originally Posted by paulpb123

Maxine,
They agreed to settle the full amount of the claim at 6:15 pm on Monday evening. The hearing was set for 10:30 am Tuesday morning. Their litigation dpt even said "we don't want to go to court over this matter". The actual amount they owed was about £500. They ended up paying me £2,705.02! That's how much they don't want to defend their scandalous charges and unlawful activites.

Nice one, congrats

[maxine989]

Gosh Paulpb123... you were lucky there then. I got as far with the LBA with the estimated amounts but then chickened out... maybe I should have carried on eh!

	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

[Redstar7]

Originally Posted by paulpb123

Maxine,
They agreed to settle the full amount of the claim at 6:15 pm on Monday evening. The hearing was set for 10:30 am Tuesday morning. Their litigation dpt even said "we don't want to go to court over this matter". The actual amount they owed was about £500. They ended up paying me £2,705.02! That's how much they don't want to defend their scandalous charges and unlawful activites.

Very nice, i would like to to exactly what you said in a letter and/or did to get such a result
pm if you like
Redstar

[TANZARELLI]

Thanks for the click Maxine. Good to see old wofters back up and about.

[maxine989]

ah yes... wofting the air yet again..lol

Eye eye!

[blazejohny]

What a shame maxine. Juss to let you know I have sent my AQ to my local court and I sent a copy to a Adrian St John from Barclays litigation dept. I await the outcome although I suspect they will fold last minute! I am pressing ahead with my estimated charges as they woefully failed to respond to my Subject Access Request, even after it was deemed a relevant filing system! Barclaycard is one of the worst main stream credit card companies out there IMHO. Changing as soon I sort this case out! Had enuff!

Originally Posted by maxine989

Hi An update. I haven't added anything for ages.

I abandoned the estimated claim after reading lots and lots about it. Even though I had issued an LBA in December, I didn't feel confident in taking Barclaycard to court on estimated charges.

So... I wrote them an LBA requesting my statements...

This is the letter I sent them:

Barclaycard
PO Box 559
Manchester
M60 3NF

26th January 2007


LETTER BEFORE ACTION
Section 7 – Data Protection Act 1998

Dear Sir/Madam

ACCOUNT NUMBER: **** **** **** ****
ACCOUNT NUMBER: **** **** **** ****

You have failed to comply with my Data Protection Act Subject Access Request dated 17th November 2006.

I have sent a complaint to the Information Commissioner and you should receive some correspondence from them shortly.

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.


Yours faithfully

maxine989

Obviously they did not respond... so I went ahead and filed the N1 with my particulars... This is what I put:

PARTICULARS OF CLAIM


1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject.

2. The Claimant has account(s) numbers **** **** **** **** & **** **** **** **** (Mastercard & Visa) with the Defendant which was opened on or around 1998.

3. On 17th November 2006 the Claimant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant.

4. The Defendant has failed to comply.

5. By virtue of the Defendant's failure to comply with the Subject Access Request the Claimant has suffered damage

6. The damage caused is:

Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence, numerous phone calls and time spent preparing documents and seeking legal advice, I estimate this cost to be £150.00

7. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request

8. Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant's opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request.

9. Damages and costs within the discretion of the Court.



I believe that the contents of these particulars of claim are true


Signed:


Date:


I have since been told that I should have estimated less for the damages... but I didn't realise at the time... and it's too late now...

So... today I have recieved a defence, which is mostly Bu****it!! They have stated they they have 'supplied copies of statements from may 04 onwards'...which they have not and then they go on to say that the 'defendant advised the claimant that a charge of £3.oo was required for each statement due to such statements not being held in a relevant structured filing system'...I wrote to the Information Commissioner Office and got a response, much like everyone else's.

This is sooooo frustrating... it's taking so long to get my statements and now it looks as though it is going to take even longer!! I though filing at court might make them jump to action and send them out, but obviously not...

Any adice n next stage welcome?

Also could a mod change my title please, as I am not at the prelim stage anymore...? thanks.

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	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.

[maxine989]

Any chance of a mod changing my title?

I am no longer at the stage stated in my title... probably best for it just to say 'Maxine V Barclaycard'

Please please please?

[maxine989]

Originally Posted by maxine989

Any chance of a mod changing my title?

I am no longer at the stage stated in my title... probably best for it just to say 'Maxine V Barclaycard'

Please please please?

P.S. Pretty please?

[millymollymoo]

Found you Maxine!! Wishing you GOOD LUCK hun!!! Taking these parasites on myself for my O/H

MillyXXXX

[maxine989]

Hi Milly... thanks

[maxine989]

I have got my AQ to file this week, regarding the non-compliance court case. Has anyone got any clues as to what to put in section F (other info) of the form... I am not sure what to say here.

Help???

P.S.... Any mods wanna change me title for me? (see above)... tar very much.

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[maxine989]

Nothing in the post.... Arghhhh!!! I am so impatient!!

It's cos I've done my back in and am house bound... so I am getting bred and need something more to do...

I need some letters to respond to... some schedules to create... some forms to fill in...

Arrghhh come on Barclaycard... GIVE ME MY STATEMENTS!!!

And relax...

Right, I will stop being silly and get on to more pressing duties.

[maxine989]

OMG did you see The Whistleblower on BBC1 tonight?

I cannot believe what I saw....

It was very informing. It confirmed that banks really are the lowest of the low.

[maxine989]

In the post this morning I recieved this letter regarding my non-compliance court case:

Dear maxine989

Without Prejudice Save as to Costs
Claim Number: ********

Thanks you for your letter of 15th March, the contents of which I note. As you have seen from the Defence files, Barclaycard does not agree with your claim, although I will take instructions from Barclaycard regarding your comment that you have not received any copy statements in respect of the card numbers that you have quotes in your county Court cliam.

It is regognised that the sum you have claimed is modest and the issues between yourself and Barclaycard should be resolved as amicably as possible. Therefore, in order to avoid the inevitable times and costs associated with pursuing this action to a final hearing, I would like to propose a settlement of your claim on the following terms as set out in this letter.

In full and final settlement of your claim and subject to you signing and returning to me the enclosed duplicate of this letter by way of agreement to its terms, Barclaycard will supply you with the copy statements that it has on its records for the two card numbers you have quoted. In addition, Barclaycard will pay your £30.00 court costs as you have requested.

This offer is in full and final settlement of your claim and without any admission of liability on the part of Barclaycard. By accepting the offer, you would agree that its existence and terms are kept confidential between us.

If you agree to this offer, please sign and return the enclosed duplicate letter and notify the Court, in writing, that you have discontinued your claim.

I would have to reserve the right to draw this letter to the attention of the court should you decide not accept the offer made.

I look forward to hearing from you.

Yours sincerely,

Adrian Ruffhead

It seems to me that this letter has been modified from a standard bank charges settlement letter.

Although I want this to be over with as quick as possible and to quite simply just receive the statements I requested back in Novemeber, I am unsure of signing the acceptance.

The letter does not state whether they are going to provide me wil ALL my statement (or are they just going to fob me off with the ones they have said they have already sent me... the ones from April 2002 onwards).

Also this letter does not make it clear that if I sign the full and final settlement, does it mean I can not claim the fees back.

I would appreciate someone taking the time to look over this letter and give me a bit of advice.

My instincs tell me to write another letter saying that I accept the settlement but not the terms....???

Help...

P.S. Can a mod change my title please? (see above posts)

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	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.

[T4FF]

Hi there, your instincts are right!

Better still, you should send them a letter saying that you accept their offer as full and final settlement on the understanding that they provide you with information on (and write out what you require including dates and the account numbers) plus £30 court fees. Then go on to put make clear that should you find that BC have charged you any unlawful charges, you will be starting a claim against them for the recovery of these charges (you can pinch the wording of this from the Subject Access Request in the templates forum).

You could also add that you do agree to their terms but I don't think it is neccessary because you are outlining your own terms.

HTH

	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.

	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.

[T4FF]

As you have seen from the Defence files, Barclaycard does not agree with your claim

What are they referring to here??

[maxine989]

Originally Posted by T4FF

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What are they referring to here??

Basically they put in their defence that they were not liable for any damages claimed by me in the non-compliance claim. Also they stated in their defence that they had provided me with the statements from May 2004 onwards... which they had not.

They're just talking a load of twaddle aren't they?

I will begin to contsruct a letter today and will use your suggestions T4FF... thanks.

[T4FF]

Yes!

From what I understand, it is not their decision to determine whether you are liable for damages - it is the judge.

If they haven't in fact sent you any statements at all then you are in a good position. You say you want to sort things as quickly as possible, so I can understand sending them a letter however, in the position you are in I would be more inclined to look into progressing your claim as their defence is incorrect.

Unfortunately, I don't know the ins and outs of doing this, so it may be worth seeking advice from others, but from what I can tell you are in a very good position with regards to your court claim and I guess this is why they are trying to settle out of court. Seriously can't take my word for this as I am just giving an opinion which is not based on any experience in court claims as I fortunately never got that far

[T4FF]

If you need quick advice have you tried dragging someone out of the chat room?

[maxine989]

Thanks T4FF... will do.