betty_lo Vs barclaycard ** WON **

[betty_lo]

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[alanfromderby]

I would imagine they just have an extremely big backlog at Clarkenwell, and that they are trying to farm out cases to other courts in order to reduce the delays.

[SiFly]

hi, i have just sent off my S.A.R - (Subject Access Request) to barclaycard, do they ever send out all the statements my account goes back to 2001.

Just got a couple of queries, that are probably very easy to answer, i just cant find them on these forums

1. if they want £3 pounds per statement then surely they are accessible and therefore could send them out.

2. how about paying for the statements and them claim the money back from them when they lose.

	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.

[betty_lo]

Originally Posted by alanfromderby

I would imagine they just have an extremely big backlog at Clarkenwell, and that they are trying to farm out cases to other courts in order to reduce the delays.

hello, i received another letter this weekend. my case has now been transferred to the london mercantile court. i called them this morning to get the small claims hearing date, as this had been left blank, and this is scheduled for 20 february 2007, 9.30am. i have had a look on the Mercantile Court cases section of the forum but could not find the relevant info: do i still need to prepare my court bundle in anticipation of the hearing? and aside from the hearing date, is there anything else i should know or be prepared for?

any advice would be appreciated. thanks.

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[alanfromderby]

Have you been given any directions, or is it just a Case Management Conference?

[betty_lo]

Originally Posted by alanfromderby

Have you been given any directions, or is it just a Case Management Conference?

i'm not sure. this is how the letter reads ur case has been transferred to the london mercantile court, which is based blablabla. please see, for guidance, cpr 59 and the practice direction.

ur case has been allocated the number blablabla this number to be used in future correspondence.

there will be a small claims hearing in this case and in several others which raise the same or similar issues at left blank on left blank 2007. the hearing is intended to give directiosn for the hearing of some or all these cases in a which saves time and expense. it is hoped that all parties will attend but if this is not practicable the court will be pleased to consider the written views of any party provided that these reach the court by no later than left blank

although some of these cases have been allocated to the multi track, it is the provisional view of the judge that the costs rules for the small claims track should apply to all of them.

[alanfromderby]

Okay.

It will be for directions, and will not be the trial. It is always advisable to attend any hearing - but, clearly the judge is happy in this case for a written response.

Assuming that the case is not settled in advance, they will have a large amount of claims listed for the same time, and the judge will probably want to deal with them in batches relating to each bank.

If you do go, take all your paperwork with you, and read through the legal arguments before you go - it will help you to understand the heated discussions that will undoubtedly be going on between the judge and the banks legal team!

Other than that, really I would not expect you will have to do, or say, very much at all.

[betty_lo]

thanks alan.

[betty_lo]

below is the letter that i've received this morning. i had written to them earlier this week in anticipation of my hearing at the london mercantile court on 20 february to prompt them to pay, however when i put my total claim amount, i forgot to include the interest due since the court claim was issued or £56.44. as i am not prepared to accept the terms of their letter regarding confidentiality and payment methods, is it still ok to include the extra £56.44 in the reply letter i will forward later today?

i refer to the above proceedings.

as you will have seen from our defence, we consider that your claim lacks merit and that it will fail. in particular, we disagree with your legal analysis that the charges levied to your account with barclays amount to penalty clauses and are unfair. we do however, recognise that it is not cost effective for either party to take this matter to trial. therefore, in order to avoid the inevitable time and cost associated with pursing the claim to trial, we are prepared to settle your claim upon payment of the charges applied to your account, together with statutory interest and costs totalling £475.74 subject to the terms set out in this letter.

this offer to pay £475.74 is in full and final settlement of yoru claim and is strictly without any admission of liability on our part. by accepting this offer, you also agree that the existence and the terms of this offer are confidential between us.

if you agree to the terms of this letter, please sign and return a copy of this letter to me at the above address within the next 7 days. you will also need to notify the county court, in writing, that you have discontinued your claim against us. please forward a copy of your letter to the court when you return a signed copy of this letter to us.

payment to be made to your barclaycard account.

should you decide to reject this offer, then we reserve the right to disclose this letter to the court.

i look forward to hearing from you.

ys
dino papaevripides

	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.

	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.

[betty_lo]

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[alanfromderby]

It depends on what else you said in your letter. If you offered them terms for a settlement, and they have agreed to those terms, then you are on shaky ground.

However, if they have countered your offer with their own offer - which I would suggest would be the case, as I cannot believe you would have offered confidentiality, then you can quite reasonably refuse that offer and add any extra amount onto your next letter.

Incidentally, by posting a copy of their letter on the forum, you have already effectively broken the confidentiality term, and therefore cannot legally agree to it anyway.

[betty_lo]

Originally Posted by alanfromderby

It depends on what else you said in your letter. If you offered them terms for a settlement, and they have agreed to those terms, then you are on shaky ground.

my letter was only to say that i would attend the hearing and i added the following at the end as a reminder:

i also attach an updated schedule of charges and interest, which at the time of writing this letter amounts to £425.74, bringing my claim to a total of £475.74 including court fees (excluding administrative and research costs).

so, i guess i can't really go for the accrued interest, as the amount offered matches that of my letter?

	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.

[betty_lo]

*bump*
sorry to pester the mods out there. i have just drafted up my reply to their settlement offer. based on the above, shall i include the accrued interest since the claim was filed or take my money and run?

	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.

[betty_lo]

ok. so i emailed my reply rejecting the terms of their offer and adding accrued interests to date. got an email a few minutes later accepting my conditions. cheque is on its way and so will the donation to the site when funds have cleared.

[alanfromderby]

Excellent news, it's been a bumpy journey at times but finally you are in sight of the finish line.

[betty_lo]

indeed, it has. again, thanks heaps for your help and advice.

[Coombep]

Thats a great result Betty - Congratulations.

[betty_lo]

thank you coombep. two claims down, three to go!