sally v barclaycard "WON"

[sallysas]

Only done some reading on this sub-forum but I feel in my waters Barclaycard is going to be an interesting experience. Here we go then. Subject Access Request sent via Royal Mail using their free Proof of Posting

	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.

[nicethan]

good luck sallysas.
hope you dont get the letter i got back of them asking for further details ie: more address details etc etc.
im sure you will be fine though and get your statements still waiting for my reply after giving them more details
nicethan

[sallysas]

Right time to get stroppy. Data has failed to arrive so letter 3 from the templates library will be in the post tomorrow. Had a disapponting day at work so this will make me feel better.

	Materials library Follow this link to our library where you can use our templates and other references free of charge. You must be registered to use them - but registration is free.

[charliekroker]

Can anyone help I have managed to get 2 years worth of statements off barclaycard but they are saying that the info they have on microfiche is not available is there a form i can use to get this info off them

Cheers

M

[sallysas]

Does this information go back more than 6 years? I seem to recall reading a thread that if information is held on microfiche there is some reason banks cannot supply this.

[sallysas]

I sent my original letter to PO Box 5592 Northampton. Did I do wrong? Should I have sent it to the London address or is that just for Barclays Bank

[sallysas]

Bump. If I hear nothing sending it off to Northampton tomorrow

[sallysas]

It worked!!!! Not knowing what kind of legal giant they are dealing with my data arrived this morning. 7 days precisely. Maybe I will be lucky before the summer holidays.............

[sallysas]

They only sent me data from January 2001. My original request goes back to November last year. Charges do not start till August 2001 so I will not loose any sleep wondering if I have anything before this. They are trying to be bolshy about the Information Commission aren't they 'we take a different view.... on whether these fall within the defination of "relevant filing system" as set out in the Act'.

So Prelim letter going out on Monday.

Before that though. My monthly rate of interest had been 1.385% from January 2002 to January 2004 when they put me on a payment plan and charged me 1%. I am going to claim 'out of order charge' from September 2004 but from October 2005 I was charged no interest at all as they reached an agreement via the CCCS. Do I claim staturory interest and how do I work out the correct figure. Thanks Sally

	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.

[sallysas]

Worked it out on monthly statutory figure. I had a consolidation % figure which I have not included in monthly figure. I rounded up or down where appropriate. Am I right in assuming I 'hide' the 8%/total claim/daily interest rate in pence until I get to court? Sorry about this but can't find a thread where anyone has detailed this process.

	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.

[sallysas]

Right. Forget about statutory, going to claim the simple compound contractual.

My first charge goes back to 17/08/01 the interest is 1.492%. As asked above do I leave off the consolidation %?
The rate changes to 1.456% the following months and alters for the last time 17/07/02 to 1.385% until I come to an arrangement with Barclaycard on 04/11/04 when they charge me 1.00% until I am charged nothing from October 2005 when CCCS made payments for me.

I am really thinking out loud people but I have spent 3+ hours reading "Why is no one claiming the contractual rate of interest" threads and my head is spinning. Am I right is thinking that all these different interests add up to what would be the total % of interest for the life of my claim? (This adds up to 29.179%.) I am proposing using this lower rate of interest (if it is) in my prelim and when they knock me back claiming the current higher authorised rate as I can tell the judge (if necessary) that I offered to settle for a lower amount.

As stated my first charge was incurred 17/08/01 but my data request was sent off in November 2006. Which date should I use for the start of my claim. I only received statements from January 2001. Thanks in advance. No way will I be sending prelim off tomorrow. Loads more reading to be done.............. Sally

	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.

[sallysas]

Bump!!

[sallysas]

Loads more reading done now so I feel confident in claiming contractual interest. Just to prove I am not having a blond moment people, could someone confirm that Vampiress's spreadsheets are still offline. Life is on hold in all sorts of ways this week....................: rolleyes:

	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.

[nevos]

Hi, you can get a spread sheet from here CAG members if it helps.

[sallysas]

Right people, finally ready for the next stage with this one. Never mind the ramblings of that jibbering idiot above (moi) I have decided to apply the cash advance figure. Does anyone know off-hand what this is? Using Vamp's no 13 spreadsheet. (Thanks for your suggestion Nervos.) Can't cope with advanced, particularly if I have to justify it to a judge. Have also put this into 'what I require' section.

I calculate that you have taken £XXXXX plus £XXX which you have charged me in contractual compounded interest for the sum which you have taken. Total £XXXXX . The accounts Terms and Conditions specify the interest payable on cash advance drawings from the account. I believe this applies to cash advance drawings by yourselves as well as cash advance drawings by me. I therefore believe that I am entitled to ask for this rate and further that it is justifiable under the principle of mutuality and reciprocity, and is based on your cash advance interest rate that would be applied under the terms of the above mentioned account. I enclose a schedule of the charges which I am claiming with this letter

Another query (collective groan). Is there any reason why I could not go back and ask for data going back to when I opened this account over 10 years ago once I have finished this claim. Many thanks, Sally

	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.

[nevos]

Hi Sallyass , you can claim back if you have the statements? The bank won't give you them under the statute of limitations past 6 years.

[sallysas]

Who's this sallyass?

I will be claiming 27.9% cash advance. Just wondered if I could go further back in time. Glen UK complained and ended up with more than 10 years. Better read it again to make sure. Nothing like putting yourself under pressure. Maybe s32 of limitations act will give me some info.

[PhantomReclaimer]

Originally Posted by nevos

Hi Sallyass , you can claim back if you have the statements? The bank won't give you them under the statute of limitations past 6 years.

Limitation Act dosen't apply to a Subject Access Request. If you ask for a list of all your charges (or copy statements in the alternative) then they have to produce all of them, regardless of age, unless they can show that one of the examptions in the Data Protect Act applies.

P.

	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.

[sallysas]

Had a reply today.

'............ I must inform you however, that we disagree with your legal analysis.' I'm claiming over £1400 and they have offered me - wait for it - £178.00 being the difference between the charges and the current £12 fee.

I'm not sure which world they inhabit, cloud cuckoo?

Never mind, Halifax capitulated today and gave me over £4000 back. When I come down to earth, LBA will be sent.

	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

[sallysas]

I've still got a lovely warm glow after my success with Halifax. But after 'Whistleblower' this is no time to let things slide regarding Barclaycard. LBA going off tomorrow. £178!!!!! indeed. It does make you wonder though just how many people out there, not knowing of this wonderful site would have caved in with that letter, which by the way did not even have a name on just 'yours sincerely Customer Services'. Now that is just rude. If they take too long to settle I will be telling cccs that there is nothing outstanding and the money Barclaycard are currently getting can go towards some of my other creditors.

Hope everyone else is also feeling positive.

	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