Maxine V Barclaycard. **WON**

[maxine989]

This is what I have written to them in response to the above letter:

Ref: Maxine989 -v- Barclays Bank PLC
Claim Number: ********

Dear Mr Ruffhead

Thank you for your letter dated 21st March 2007.

I accept the settlement offer (of copy statements & £30 court fee), which you have put forward as full and final settlement. I only accept the offer on the understanding that Barclaycard provide me with information I initially requested in November 2006.

I require a complete list of transactions and charges for both credit card accounts relating to my history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

I do not, however, agree to the terms laid out in your letter of 21 March 2007. I do not accept the condition that I keep the settlement’s existence and terms confidential between Barclaycard and myself.

Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming paid £10 Data Protection Act subject access request fee.

As I stated in my previous letter of the 15th of March 2007, If Barclaycard do not wish to comply with the data request settlement, then I will continue to pursue this matter through the Courts where upon a hearing Barclaycard will be forced to comply with the data request and will also be liable to pay out further costs including damages and the Allocation Questionnaire fee.

The Allocation Questionnaire is due to be filed by the 2nd of April 2007. If I have not received the statements by that date I shall go ahead and file the form and await a court hearing date.

Alternatively, once I have the copy statements in my hand I will withdraw my County Court claim and inform the Court in writing that this matter has now been amicably settled.

I look forward to hearing from you.

Yours Sincerely,

maxine989



Hope this does the trick...

	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.

	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]

One small point if you haven't sent it as yet....

I accept the settlement offer (of copy statements & £30 court fee), which you have put forward as full and final settlement. I only accept the offer on the understanding that Barclaycard provide me with information I initially requested in November 2006.

Might be better written

I will accept the settlement offer (of copy statements & £30 court fee), which you have put forward as full and final settlement on the understanding that Barclaycard provide me with the information I initially requested in November 2006.

[maxine989]

Ah cheers, yes sounds better. Thanks

[TANZARELLI]

Wofters gone again then

[T4FF]

[maxine989]

Originally Posted by T4FF

Wofter is my avatar... the little guy woftin the pong away... In busy times, the avatars get switched off.



He's back now... wofting with avengance!!

[T4FF]

Aaaah

[maxine989]

I.finally.got.my.statemen ts...and.guess.what?...th ere.are.chunks.of.
missing.statements.

So...do.I.now...just.cont inue.with.the.non.complia nce.court.claim...and.wri te.to.them.
accordingly...or.hassle.t hem.for.the.missing.state ments?

Oh.by.the.way...my.keyboa rd.is.buggered...great!.. .One.of.my.kids.spilled.m ilk.on.to.it.and.now.load s.of.my.keys.dont.work.

This.is.the.letter.they.s ent.me....minus.all.the.d ots.


I.am.enclosing.copy.state ments.in.respect.of.the.t wo.accounts.that.have.ref erred.to.being:
1.Account.numer.1,August. 2002*November2005

2.Accountnumber2,August.2 002*February2007

I.have.been.adviced.by.ba rlay.card.that.copies.of. statements.of.January.200 4.to.April.2004.are.not.a vailable.

I.have.given.instructions .for.the.agreed.sum.of.£3 0.00.to.be.transfered.to. your.account.which.I.anti cipate.will.be.done.in.
the.next.few.days......I. would.suggest.that.you.do .not.send.the.Allocation. Questionare.and.write.to. the.court.that.we.have.ag reed.to.deal.with.this.wi thout.taking.further.acti on.

Yours.sincerely.

Adrian.Ruffhead


I.suppose.my.next.step.is .to.write.them.a.letter.s aying.that.I.will.not.sto p.
the.court.action.until.I. recieve.the.missing.state ments...its.just.gonna.be .a.
bit.tricky.with.no.space. bar....

Bugger!!

Double.Bugger!!!!

[ajjars]

LMAO @ minus all the dots!!

Barclaycard are absolute S**ts. How can they just keep ignoring the law and get away with it? Carry on the court action!!

Good Luck!!

[millymollymoo]

Poor Maxine....!!!! They havent complied fully so I would carry on

Good luck XXX

Milly XX

[T4FF]

If I were you, I would use the £30 to invest in a new keyboard

[T4FF]

Seriously though, this might be of help.

[maxine989]

Thanks.guys...

Hey.milly.moo...

Glad.you.were.amused.ajja rs

I.actually.came.to.turn.m y.computer.off...and.have .ended.up.checking.
messages...bed.beckons... Ill.be.having.dotty.dream s.

I.didnt.attempt.a.letter. in.response.to.Barclays.f **k.up.

(being.as.my.keyboard.is. on.the.blink...and.thanks .for.the.link.T4FF...lol.
I.am.going.to.try.and.fix .my.keyoard...got.to.get. an.inkle.pinkle.allen.key .
first....its.a.mac.keyboa rd.so.it.will.cost.me.dol lar.if.I.cant.fix.it...pr ob.
be.ok.with.a.clean.)

I.may.as.well.wait.for.th e.court.date.to.come.thro ugh...

I.can.not.believe.the.bla tent.disregard.for.the,la w.and.consumers.rights.

It.was.Novemeber.when.I.o riginally.sent.the.Subject Access Request.le tter.with.the.10.quid.che que...theyre.such.swines( Barclays)...5.bloody.mont hs.

Anyway.these.dots.are.doi ng.my.head.in.so.I.will.u pdate.threads.when.I.
have.normal.functions.aga in....kids.eh!!

until.later.dot.over.dot. and.dot.out.

	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.

[millymollymoo]

Maxine, hun it must be driving you crazy seriously.

Kids.. don't tell me. I have the teenager from hell and a just turned three year old boy!!!! gawd help my sanity

Me hopes you get the keyboard fixed soon!!

Milly XX

[maxine989]

Thanks.milly...

I.have.tried.to.fix.it.wi thout.any.success...

I.even.tried.to.pinch.my. mans.keyboard...but.as.mi ne.is.a.macintoch...
the.connectors.are.differ ent...bugger!!...

so.I.am.stuck.with.this.o ne.for.now.

Dont.suppose.anyone.knows .the.date.barclays.starte d.charging???

Was.it.April2001?

I.am.just.compiling.a.let ter.to.Barclaycard.now... I.am.having.to.paste.
in.all.the.spaces...

AAARRRGGGHHH!!!

[maxine989]

I.have.written.this...its .not.up.to.my.usual.stand ar...but.it.is.taking.me. forever.to.write.it.with. many.of.my.keys.non.fucti oning...hopefully.it.gets .to.the.point.

Thank you for your letter dated 29th March 2007.

In my previous correspondence I agreed to accept the settlement offer (of copy statements & £30 court fee), which you had put forward as full and final settlement.

I accepted the offer on the understanding that Barclaycard would provide me with the information I initially requested back in November 2006.

I required a complete list of transactions and charges for both credit card accounts relating to my history with your organisation. Alternatively, a complete set of statements for that period would be acceptable.

There are several missing periods amongst the statements you have provided me with. Therefore I am continuing with the county court claim unless you can provide me with all of the data I requested.

I cannot believe it has taken five months up until now to receive any statements form your organisation whatsoever, despite a complaints investigation by the Information Commissioner and a County Court claim against you. Yet you still insist on not complying with my request.

The sheer disrespect towards your customers and blatant disregard of the law astounds me.

The Allocation Questionnaire in relation to this claim has been filed at court with an accompanying letter outlining the circumstances to the judge.


Yours Sincerely,

dottyladylarlar

	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.

[maxine989]

I.think.I.am.going.to.est imate.the.missing.dates.. .

and.go.for.it.that.way...

I.am.fed.up.with.waiting.

[maxine989]

Letter.to.Barclaycard

With reference to my previous correspondence:

Subject Access Request letter sent on 17th of November 2006
Preliminary Request to refund charges (estimated) sent on the 29th November 2006
Letter before Action sent on the 22nd December 2006
Amended LBA for estimated charges sent on the 05th January2006
Data complain LBA letter sent on the 26th January 2007
Letter to Adrian Whalley sent on 29th January 2007
Partial Refund Letter sent on the 27th January 2007
Letter to Legal Department sent on 15th March 2007
Letter 2 to Legal Department sent on 22nd March 2007

Despite many attempts at contacting Barclays and trying to resolving this matter I have still not received a full breakdown of the charges that have been levied from my accounts over the past 5 years.

I am shocked that your company operates in such a fashion and have now decided to continue with my court claim against you on partly estimated figures.

I understand the regime of fees, that have you been applying to both my accounts over the years in relation to over limit fees and late payment fees, are unlawful at Common Law.

I would draw your attention to the terms of the contract in which you agreed to at the time that I opened my accounts. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner that complies with UK law.

I am very surprised that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

As you have not been able to provide me with the complete data I requested, in my Data Protection letter dated the 17th November 2006, I have calculated and estimated that you have taken a total of £2,406 in charges from my accounts over the past 6 years. I have added 27.9% compounded contractual Interest from the date of each offence, giving a total £4,981.47. I believe this rate to be justified under the implied principle of mutuality and reciprocity, and is based on Barclaycard’s interest rate that would be applied under the terms of the above-mentioned account.

I am enclosing a copy of the schedule of the charges that I am claiming back from both my Visa and MasterCard account. Initial copies of these schedules from have been sent to you previously.

I require repayment in full of this amount or, alternatively the data I initially requested with an accurate list of charges applied. If you do not comply fully within 7 days then I shall begin a claim against you for a total of £4,981.47 at county court, plus court costs and without further notice.


Yours faithfully,

dottycrazywoman

	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.

	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.

[TANZARELLI]

Originally Posted by maxine989

Thanks.milly...

I.have.tried.to.fix.it.wi thout.any.success...

I.even.tried.to.pinch.my. mans.keyboard...but.as.mi ne.is.a.macintoch...
the.connectors.are.differ ent...bugger!!...

so.I.am.stuck.with.this.o ne.for.now.

Dont.suppose.anyone.knows .the.date.barclays.starte d.charging???

Was.it.April2001?

I.am.just.compiling.a.let ter.to.Barclaycard.now... I.am.having.to.paste.
in.all.the.spaces...

AAARRRGGGHHH!!!

LOL your posts look like they have been in a drive by shooting. Have you tried putting it over a radiator to see if that helps.

If not try your local council they may well have a recylling dept, where they store load of old pc's they may be able to give you one.

I beleive Barclaycard claim the introduced charges in mid 2001, not sure of the month but for some reason I think it was aug. Don't quote me on that though.

Tanz

[T4FF]

Have you tried putting it in the dishwasher!!!

How bizarre! I would guess you couldn't do this with one of the new flashy wireless ones.