Sarajane v Barclays -Mercantile court allocation - then ***WON***

[tigger26]

Hello all, new to this, so please excuse.

After reading the boards I decided to give it a go. I wrote on 3 May with your standard letter format. I received a reply today from Peter Townsend refunding the £10 cash I sent, they cannot process cash !!!! Copy statements are in the post to me FREE OF CHARGE. However, the letter states
"as regards to your mention of 'manual intervention', the Data Protection Act does not oblige the Bank to comment about internal policies & procedures. Furthermore, in context of the managing of transactions arising from out of order accounts, the Bank does not hold the information you have requested in a form that would be covered by the Data Protection Act. Whilst aggregated information is retained for statistical purposes, this would not constitute 'personal data' under the Data Protection Act and therefore would not be covered by a s.7 Data Protection Act subject access request. For the aviodance of doubt, the fact that we do not generally record information in a way that is caught by the provisions of the Data Protection Act, is in no way an admission that there was no such manual intervention."
What does this mean please?

So I get my bank statements shortly, I hope, and I suppose I have to add up all the 'exceeding overdraft' charges myself. What about the interest? I get charged interest for the authorised overdraft & I assume, for the unauthorised amount. Does that come into the calculations?

Look forward to hearing from someone more savvy than I .

Sarajane

[jogrant69]

Hi - I sent my letter off 1st of may and after reading yours I have received exactly the same copy from the same person returning my £10 cheque saying that my copy statement will be supplied shortly. I too would like to know what the rest of the letter means and if we need to do anything or just wait for the statements to arrive.

Joanne

[tigger26]

Hi Joanne

Just searched through the posts and you might like to lok at this thread regarding the Banks paragraph, it's informative.

barclays claim

Sarajane

[tigger26]

Hi again

The statements arrived this morning in 2 A4 sized envelopes. Have calculated that £725 has been taken unlawfully from our account.

Before I send the preliminary letter a quick question. It's a joint account now and all charges were incurred when joint but hubby opened this account as soon as he left school. Do both names need to be listed or can I just get on with it. Only 1 of us needs to sign for the Bank. Your thoughts would be appreciated please.

Sarajane

[alanfromderby]

As the account only requires one signature then it is fine for you to take the action.

With regard to the manual intervention issue, that is just a very carefully worded attempt to try and claim that the fact they haven't got any record of manual intervention, doesn't mean there wasn't any.

Actually, what they are saying is incorrect in so many ways you could have a field day with it should it ever get to court!

[tigger26]

Thanks for that info Alan.

My hubby's just got in from work, and was shocked when I told him £725 could be returned to our account. Greedy B*****ds was the extact phrase.

[tigger26]

Preliminary letter posted off today. Roll on.

[tigger26]

Letter received this morning from Mike Brophy of Customer Relations, saying how sorry he is that I am unhappy with the Bank Charges I have incurred. Blah, Blah, Blah. And a Complaints Leaflet.

Roll on 5th June.

[alanfromderby]

Of course, if you used the template Request for Refund letter, you specifically asked them not to sent a standard letter and leaflet in reply. It is up to you, but I would take this as being an unsatisfactory response and move to the Letter Before Action.

Perhaps start it by saying that you are disappointed to see they have responded to your letter of xxxxxxxx by sending a standard letter and leaflet, something which you expressly stated they should not do. You are now left with no alternative but to send this final Letter Before Action......

	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

[MARTIN3030]

I am in the process of preparing to send the Data Protection Act first letter to Barclays.
I am a little worried tho about the number of letters Barclays are sending out questioning their responsibilities to supply man intervened info I also noted the statements they sent to one of the claimants which were unreadable and Barclays stated they had no legal responsibility to supply them in any particular file type,

I am wondering whether their legal guys are trying to address an upsurge in claims now by being erratic in their responses.

Some claimants have had differing reponses one has had to file the 4o days again !!

I am asking if there is a need to add additional info to the Data Protection Act request letter in order to address these hindering methods they are using in replies ??

[tigger26]

Thanks for that Alan.

Their letter did state that my comments are receiving attention and one of his team will contact me again shortly. (Don't call me Shorty ).

I know it's an acknowledgement, but I agree it's a standard letter and they must be getting hundreds of them by now. hahahaha !!

Now I'm in two minds as to what to do, wait until 5th June, or as you suggested Alan, start the LBA with your paragraph( If I may quote it ).

	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

[tigger26]

LBA issued yesterday - here we go!

	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

[MARTIN3030]

Good luck.............seems to be going smoothly for you

[tigger26]

thanks

[tigger26]

Hi, It's Me again

Well the LBA was posted on 6 June recorded delivery & I haven't heard a dickie bird from Barclays. My parachute account is up & running now.
Royal Mail have just informed me that it's not on their tracking system yet . Do I assume that it has been delivered & continue to court next week or do I re-issue the LBA?

Your thoughts would be most welcome

[MARTIN3030]

If you sent it first class recorded you can assume its been delivered already.

Although Royal Mail are slow to confirm delivery to the recipient the website should show delivery to the local sorting office.
As mentioned here lots of times if the postman has not entered the log as delivered and signed for it wont be on the site as delivered.

After you have given them the 14 days you can then proceed to the next step.
If they contact you after that and offer to pay you in full you can just add extra charges if you want to accept.

its a wait and see ...................

[tigger26]

Hi

I'm just in the process of typing up the N1 claim form and my brain's gone blank . Sorry but I have to ask.

Under Value on the front of the form, do I put
a) the amount that has been (edit)
b) the amount that has been (edit) plus the 8%

Thanks

moderated whilst we understand your annoyance we have to remove any comments that could be seen as libelous

[tigger26]

Back again,

Just had a day out at Chatham today( What are they doing to that one way system ) & saw a lovely lady at Medway County Court. She was most interestes to read throught the claim
Claim now filed for £725 + 8% interest = £798.28, I should get my copy throught the post early next week

Now the fun starts

	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

[Janet-M]

Sarah you didn't put them actual words ,I've edited ,on your claim form did you ?

[tigger26]

No Mjanet, I didn't .
Thanks anyway

Sara