Maxine V Barclaycard. **WON**

[Mistermind]

Hello Maxine, trust you are well.

The reason B******card make so much difficulty about providing 6 years statements, is that they can't. Some time last year I requested statements, and got in reply a letter from B/C saying that for part of those 6 years their records were non-electronic. They claimed that for that reason they were not obliged to provide statements for that period. I doubt this, because they have a legal obligation to retain 6 years records.

But I was so busy with other things like work, bigger fish to fry, did not bother any more. I believe if you press them pointblank on the noncompliance of S.A.R - (Subject Access Request) request, with legal consequences, eventually they will own up.

I do not believe it to be in your interest to estimate charges. Your case will look very weak in court, and in fact you will be transferring their problem to yourself. There is a well-trodden path in pursuing Subject Access Request noncompliance. If they cannot face reaching the final legal breakingpoint, then I suspect at the last moment they will offer a settlement on refund of an arbitrary figure, to get you off their back. I suspect they have completely lost records covering 2, 3, 4 years. So neither side knows what the true charges figures were.

Whenever they have the law on their side they would pursue victims without mercy or relent. They can now discover the law cuts both ways. If they lost their records, let them compensate you on a high estimate, or else.

If you hint that you know their position. And you know they have to answer to the law.

Best of luck,
XX

	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.

[noomill060]

I have a statement from Adrian Ruffhead Barclays legal exec) that they hold copy statements for 6 years.

[maxine989]

I have sent letters to Adrian Ruffhead and had letters back... complained to the Information Commisioner and had a letter back... I have done everything... they even agreed to give me my statements and pay my court costs... when the statements arrived there were chunks missing. I wrote to them explaining this and had no response. There is nothing more I can do other than continue with the court case for non-compliance. I am just concerned about what to put in the court bundle as it is not a claim for penalty charges.

Any ideas?

[noomill060]

Hi maxine,

have a read of my thread about this. I'm in the same situation.

There were also big chunks of my statements missing. I complained to the Information Commissioners Office who were very interested, and recieved all but three of the missing statements within days.

Send an email to compliance@ico.gsi.gov.uk stating that Barclaycard have still not complied with your S.A.R - (Subject Access Request), quoting your Information Commissioners Office complaint number which looks something like RFAXXXXXXXX and will be on the letter you got from them in response to your complaint.

Or phone Laura Henessey at the Information Commissioners Office. She is my
Casework and Advice Officer.

	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.

[noomill060]

Matthew Negus is also very helpful.

[noomill060]

My claim for non-compliance is due to be heard on 19 June. I agreed to an ajournment of the original hearing as Ruffhead stated that he had authorised my cheque for £200 damages plus Court fee last week. It didnt turn up, so its full steam ahead for a bundle for me as well.

Im including a copy of the Data Protection Act

a copy of my Subject Access Request

Copies of all letters and emails sent and recieved to and from me, and Barclaycard and the Information Commissioners Office.

Anything else I can think of!

	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.

[noomill060]

Do you have a court date yet, maxine?

[noomill060]

Heres the email I got back within 24 hours from Laura Hennesey:


compliance@Information Commissioners Office.gsi.gov.uk wrote:

1st May 2007

Reference RFA0xxxxxx

Dear Mr noomill060

I am writing in response to the emails you sent to my colleague, Matthew Negus, regarding the subject access request made to Barclaycard.

As a result of your correspondence I have contacted Barclaycard who informed me that they were not aware that you were missing any statements.

However I have provided them with the list of missing statements that you included in your email received earlier on today and they have confirmed that they will request these statements for you again and will ensure that they are sent to you as soon as possible. They have confirmed that they do not expect any fee for this.

I will contact you again once I have received confirmation from Barclaycard that the missing statements have been sent.

Yours sincerely

Laura Hennessy

Casework and Advice Officer

[noomill060]

Have you included a figure you are claiming as damages?

[maxine989]

Hi...

Have been away on me hols and now need to get cracking with the non-compliance court bundle.

My court date is 20th July 2007 for non-compliance.

noomill... I wrote to the Information Commissioners Office ages ago and got a response on 14th feb.

I think I am going to write Adrian Ruffhead again to see if I can get the missing statements sent before the court date.

What a palarva!!

[maxine989]

noomill...

I put damages equaling £150.

[noomill060]

Hi Maxine,

At around the same stage of my claim, I phoned the Information Commissioners Office to let them know that Barclaycard were still not complying. They asked me to send an email confirming this to them. You must quote the reference number they gave on their response letter. It makes it easier for them.

let them know about your impending Court case.

compliance@ico.gsi.gov.uk

You could copy Ruffhead on to the email as well !

adrian.ruffhead@barclays. com

If you get chatting to him, give him my regards!

[maxine989]

This is what I have wrote to Ruffnuts:

Dear Mr Ruffhead

I refer to my previous correspondence from the 3rd of April 2007, a copy of which I have enclosed with this letter for your reference.

It has since been a further two months since I requested that you provide me with the missing data I require. As I had received no response to my previous correspondence, the Allocation Questionnaire was completed and the court allocated a hearing date. As you should be aware Deputy District Judge Hackney has allocated the court hearing for non-compliance to take place at 10am on the 20th of July 2007.

I have now gathered the information and documents I shall be using as the claimant in the claim referenced above and shall soon be issuing you with a copy of the court bundle. If this matter is not resolved before the court date and I, the claimant, am forced to pay the costs in producing court bundles to relevant parties and appearing in court, then I shall begin proceedings for a ‘Wasted Costs Order’, where a Schedule of costs incurred and time spent will be supplied to the courts.

The pressure put on legitimate claimants and the court system is enormous and it is in the interests of both parties if this claim is settled out of court.

I have enclosed a schedule of charges for each of my credit card accounts held with Barclaycard. On the schedules you will see the dates of the missing statements clearly marked where I have estimated the penalty fees.

I require that you provide me with the missing data within 7 days. If I have received the missing statements on or before the 12th of June 2007, then I shall inform the court that the claim has been settled and further wasted time and costs will be avoided.

I trust this clarifies my position.

	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

[noomill060]

max- I think you would be better off by writing to the Information Commissioners Office as well and inform them of the fact that you are still waiting for your statements.

The Information Commissioners Office is in a far better position to put pressure on them to comply than you are.

Ruffhead's way of working is to contact you a couple of weeks before the Court date offering you evrything you wanted.

By apparently ignoring you, he is just trying to wear you down so you will just accept an offer of your court costs to end your claim.

Please dont think a court date makes these people jump out of their skins like it would you or me.

All it does is give them a date. by which, they need to make you an offer to make you go away.

They will.

[noomill060]

When did you get notified of the Court date?

[blazejohny]

MAxine, how've u been?

Barclaycard paid up on my estimated charges last week! They put the money in my account and wrote to me saying that purely for financial reasons blah blah blah.I want a cheque and have written to their litigation dept. telling them this.

Estimated charges have worked for me!
It's not my fault that they couldnt provide the statements when requested and also despite numerous letters and followups. They did finally provide the remaining statements but I was too deep in county court system to pull out. I have to admit that the estimated charges turned out to be more than actual charges (by about £130 ) but hey they shouldn't have played hardball.

Good luck and don't be scared. Fortune favors the bold, No guts no glory and all that!

	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

[noomill060]

Dont worry max, its not going to get to Court.

[maxine989]

Originally Posted by noomill060

Hi Maxine,

At around the same stage of my claim, I phoned the Information Commissioners Office to let them know that Barclaycard were still not complying. They asked me to send an email confirming this to them. You must quote the reference number they gave on their response letter. It makes it easier for them.

let them know about your impending Court case.

compliance@Information Commissioners Office.gsi.gov.uk

You could copy Ruffhead on to the email as well !

adrian.ruffhead@barclays. com

If you get chatting to him, give him my regards!

Ahh... great stuff noomill...

Have sent email to both saying this:

'To The Information Commissioner's Office

Reference: RFA0148551

With reference to your letter of the 14th february 2007 I wish to inform you that I have still not received all of the data I requested from Barclaycard back in November. I now have a pending court date of a hearing for non-compliance at Walsall County Court on the 20th July 2007 at 10am.

I am soon to print off court bundles and send them to the relevant parties but have firstly written to Barclays Legal and Compliance department in the hope of settling out of court to save further time and costs for all parties further abuse of the court system.'

Might do the trick... you never know... either way, Ruffnuts will know I'm not rolling over.

	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]

BlazeJohny... that's great news. CONGRATULATIONS!!!

What stage were you at when they paid up? And was it for hundreds or thousands???

I did send an LBA into Barclaycard with estimated amounts where I had missing statements. I had no response... and am a bit too skint to start court proceedings just yet. I am tempted to just go ahead and file a claim for the charges at court (with the estimated charges included)... but like I say... I just haven't got the 120 squid right now.

My claim totals just over £5k for the two accounts (Visa and Mastercard) and so I would need to do them as two claims so that they both stay in the fast track... so that would be 240 squid to shell out to take them to court. I have some other claims coming to an end soon, so hopefully if they get settled soon I can use that dollar to start these claims.... if the non-compliance thing drags on.

	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

[maxine989]

Originally Posted by noomill060

Dont worry max, its not going to get to Court.

I hope not... not because I am worried about it.... I just want my bloomin statements now rather than waiting until July.